O.C.G.A. § 33-38-22 (2019)
Premium tax liability offsets; refunds offset against taxes
(a) A member insurer may offset against its premium tax liability to this state an assessment described in Code Section 33-38-15 to the extent of 20 percent of the amount of such assessment for each of the five calendar years following the year in which such assessment was paid. In the event a member insurer should cease doing business, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business.
(b) A member insurer that is exempt from taxes referenced in subsection (a) of this Code section may recoup its assessments by a surcharge on its premiums in a sum reasonably calculated to recoup the assessments over a reasonable period of time, as approved by the Commissioner. Amounts recouped shall not be considered premiums for any other purpose, including the computation of gross premium tax, the medical loss ratio, or agent commission. If a member insurer collects excess surcharges, the insurer shall remit the excess amount to the association, and the excess amount shall be applied to reduce future assessments in the appropriate account.
(c) Any sums which are acquired by refund, pursuant to subsection (f ) of Code Section 33-38-15, from the association by member insurers and which have theretofore been offset against premium taxes as provided in subsection (a) of this Code section shall be paid by such member insurers to this state in such manner as the Commissioner may require. The association shall notify the Commissioner that such refunds have been made.
History
Code 1981, § 33-38-22, enacted by Ga. L. 1988, p. 1900, § 6; Ga. L. 1989, p. 14, § 33; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2020, p. 113, § 13/HB 1050.
The 2020 amendment, effective July 1, 2020, added subsection (b), redesignated former subsection (b) as present subsection (c), and inserted ‘‘member’’ in the first sentence of subsection (c).
CHAPTER 39 COLLECTION, USE, AND DISCLOSURE OF INFORMATION GATHERED BY INSURANCE INSTITUTIONS Sec.
Purpose of chapter. Applicability of obligations imposed by chapter; extension of rights granted by chapter; applicability of chapter to information from public records pertaining to title insurance.
Annotations
Editor's notes. - Ga. L. 2012, p. 701, § 1/HB 786, effective July 1, 2012, reenacted this Code section without change.
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CHAPTER 39 COLLECTION, USE, AND DISCLOSURE OF INFORMATION GATHERED BY INSURANCE INSTITUTIONS
Sec.
33-39-1. Purpose of chapter.
33-39-2. Applicability of obligations imposed by chapter; extension of rights granted by chapter; applicability of chapter to information from public records pertaining to title insurance.
33-39-3. Definitions.
33-39-4. Pretext interviews.
33-39-5. Transactions requiring notice of information practices; form and content of notice; abbreviated notice; satisfaction of obligations by another institution or agent.
33-39-6. Specification of questions designed to obtain marketing or research information.
33-39-7. Disclosure authorization forms authorizing disclosure of personal or privileged information.
33-39-8. Investigative consumer reports.
33-39-9. Access to recorded personal information.
33-39-10. Requests to correct, amend, or delete recorded personal information.
33-39-11. Procedure upon adverse underwriting decision; satisfaction of obligations by another institution or agent; adverse decisions upon oral requests or inquiries.
33-39-12. Requests for information regarding previous adverse underwriting decisions or previous coverage obtained through residual market mechanism.
33-39-13. Limitation of adverse underwriting decisions.
33-39-14. Disclosure of personal or privileged information received in connection with insurance transactions.
33-39-15. Investigations by Commissioner into affairs of insurance institutions, agents, or insurance-support organizations.
33-39-16. Violations of chapter - Service of statement of charges and notice of hearing; conduct of hearing.
33-39-17. Violations of chapter - Commissioner as appointed to accept service on behalf of insurance-support organization transacting business outside state.
33-39-18. Violations of chapter - Service of findings and cease and desist orders of Commissioner; modification or setting aside of order or report.
33-39-19. Violations of chapter - Monetary penalty for knowing violations of chapter; monetary penalty for violation of cease and desist order.
33-39-20. Violations of chapter - Order or report of Commissioner.
33-39-21. Violations of chapter - Equitable relief; damages recoverable; costs and attorney's fees; statute of limitations; limitation on remedy or recovery.
33-39-22. Availability of remedy for disclosure of personal, privileged, or false information.
33-39-23. Obtaining of information under false pretenses as constituting misdemeanor.
RESEARCH REFERENCES
ALR. - Insured-insurer communications as privileged, 55 A.L.R.4th 336.