(a) A member insurer may offset against its premium tax liability to this State an assessment described in § 4409(h) of this title to the extent of 20 percent of the amount of such assessment for each of the 5 calendar years following the year in which such assessment was paid. If 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) Any sums acquired by refund, under § 4409(f) of this title, from the Association which have theretofore been written off by contributing insurers and offset against premium, franchise, or income taxes as provided in subsection (a) of this section and are not then needed for purposes of this chapter, shall be paid by the Association to the Commissioner and deposited by the Commissioner with the State Treasurer for credit to the General Fund of this State.
Structure Delaware Code
Chapter 44. DELAWARE LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT
§ 4403. Coverage and limitations.
§ 4406. Delaware Life and Health Insurance Guaranty Association — Created; accounts; supervision.
§ 4407. Delaware Life and Health Insurance Guaranty Association — Board of Directors.
§ 4408. Powers and duties of the Association.
§ 4411. Duties and powers of Commissioner.
§ 4412. Detection and prevention of insolvencies.
§ 4413. Credits for assessments paid.
§ 4415. Annual reports by Board.
§ 4416. Tax status of Association.