---
title: O.C.G.A. § 33-38-22. Premium tax liability offsets; refunds offset against taxes.
collection: code
id: 33-38-22
cite_as: O.C.G.A. § 33-38-22 (2025)
canonical_url: https://georgiacommons.org/code/33-38-22
md_url: https://georgiacommons.org/code/33-38-22.md
text_url: https://georgiacommons.org/code/33-38-22/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t33-ch23-65-(v25)-2020-pdf.pdf?sfvrsn=68297_0#page=820
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/33-38.md
previous: https://georgiacommons.org/code/33-38-21.md
next: https://georgiacommons.org/code/33-39-1.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: INSURANCE / GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION
---

# O.C.G.A. § 33-38-22. 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).