{"data":{"id":"us-ky/krs-304.42-130","jurisdiction":"us-ky","citation":"KRS 304.42-130","heading":"Offset of premium tax liability to state -- Surcharge on premiums.","body":"(1) A member insurer, other than a nonprofit hospital, medical, surgical, dental, or\nhealth service corporation, may offset its tax liability to this state imposed against it\nunder KRS 136.320(3) and (4), 136.330, 136.340, or 136.350, whichever may be\napplicable, against the assessment described in subsection (8) of KRS 304.42-090 to\nthe extent of twenty percent (20%) of the amount of the assessment for each of the\nfive (5) calendar years following the year in which the assessment was paid. If a\nmember insurer  should cease doing business, all uncredited assessments may be\ncredited against its tax liability for the year in which it ceases doing business.\n(2) A member insurer that is exempt from taxes referenced in subsection (1) of this\nsection may recoup its as sessments by a surcharge on its premiums in a sum\nreasonably calculated to recoup the assessments over a reasonable period of time, as\napproved by the commissioner. Amounts recouped shall not be considered\npremiums for any other purpose, including the comp utation of gross premium tax,\nthe medical loss ratio, or agent commission. If a member insurer collects excess\nsurcharges, the member insurer shall remit the excess amount to the association, and\nthe excess amount shall be applied to reduce future assessme nts in the appropriate\naccount.\n(3) Any sums acquired by refund, pursuant to KRS 304.42-090(6), from the association\nwhich have theretofore been written off by contributing member insurers and offset\nagainst taxes as provided in this section, and are not t hen needed for purposes of\nthis subtitle, shall be paid by the association to the commissioner and by the\ncommissioner deposited with the State Treasurer for credit to the general fund of\nthis state.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48768","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:58Z","sha256":"0b90ad570e3a772fbe221400955c9e487ce38a029cce4a673c9d9631b27b6f25","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.42-120","next":"us-ky/krs-304.42-140"},"notice":"GroundRules: Original legal text. Not legal advice."}