eLaws of Florida

  SECTION 631.72. Premium or income tax credits for assessments paid.  


Latest version.
  • 1(1) 2A member insurer may offset against either its premium tax liabilities imposed under s. 16624.509 17or its corporate income tax liabilities imposed under s. 26220.11 27any assessment described in s. 32631.718(8) 33as follows:
    35(a) 36For each assessment levied before January 1, 1997, 0.1 percent of the amount of such assessment, less any refunds received pursuant to s. 59631.718(6), 60for each year following the year in which such assessment was paid until such time as the total of all offsets claimed for a given year’s assessment, whether pursuant to this section or pursuant to prior law, equals the amount of the assessment originally paid in that year.
    108(b) 109For each assessment levied and paid after December 31, 1996, 5 percent of the amount of the assessment, less any refunds received pursuant to s. 134631.718(6), 135for each of the 20 calendar years following the year in which the assessment was paid.
    151(c) 152An insurer may not offset both its premium tax and corporate income tax liabilities for the same assessment amount. An insurer may only offset its tax liability for one tax to the extent that the offset has not already been used to offset its tax liability for the other tax.
    202(d) 203The first tax return on which a member insurer may claim a credit provided in this section is the tax return filed in 1998, covering tax year 1997.
    231(2) 232If a member insurer ceases doing business in this state and surrenders to the office its certificate of authority to transact insurance in this state, all uncredited assessments may be credited as provided in this section against either its premium or corporate income tax liabilities imposed pursuant to ss. 281624.509 282and 283220.11 284for the year it ceases doing business.
    291(3) 292Any sums acquired by refund pursuant to s. 300631.718(6) 301from the association which have theretofore been written off by contributing insurers and offset against premium or corporate income taxes as provided in subsection (1) and which are not needed for purposes of this part shall be paid by the insurer to the Department of Revenue for deposit with the Chief Financial Officer to the credit of the General Revenue Fund.
History.-s. 1, ch. 96-346; s. 1360, ch. 2003-261.