NDAC 45-03-06-04
Credits
Cite as N.D. Admin. Code ยง 45-03-06-04
1.
The principal office ad valorem tax credit shall be used as a credit against the premium tax
liability for the calendar year in which the ad valorem tax was paid. Any unused credit may be
carried over as a credit against the premium tax liability for the following calendar years but
not beyond 1985. North Dakota Century Code section 26.1-03-17 requires that the credit be
prorated on a quarterly basis. Credit shall be used for each quarter and shall be fully
reconciled, along with the premium tax, as of the end of each calendar year, on or before
March first of the subsequent year.
2.
The examination credit shall be used as a credit against the premium tax liability for the
quarter in which expense was paid and the succeeding three quarters. The credit is limited to
expenses incurred and paid to the North Dakota department of insurance. North Dakota
Century Code section 26.1-03-17 requires that the credit be prorated on a quarterly basis. The
credit shall be reconciled along with the premium tax as of the end of each calendar year, on
or before March first of the subsequent year.
3.
The credit taken for assessments paid to the comprehensive health association of North
Dakota shall be taken in the calendar year in which paid and any remaining credit used as
completely as possible in each succeeding year. Credit cannot be taken for any assessments
paid prior to March 21, 1983.
4.
The credit for assessments paid to the North Dakota life and health insurance guaranty
association shall be twenty percent of the amount of the assessment for each of the five
calendar years following the year in which the assessment was paid.
5.
Credit may be taken in the following year for miscalculations resulting in an overpayment in a
preceding reconciliation submitted with the March first payment.
6.
The credit for assessments paid to the reinsurance association of North Dakota must be taken
in the calendar year in which paid. If the credit exceeds the premium tax liability the excess is
not eligible to be carried over to subsequent years.