Tex. Ins. Code Section 228.255
Allocation of Premium Tax Credit


(a)

If the total premium tax credits claimed by all certified investors with respect to Program One or Program Two, as applicable, exceeds the total limits on premium tax credits established for that program by Section 228.254 (Total Limit on Premium Tax Credits)(a), the comptroller shall allocate the total amount of premium tax credits allowed under this chapter to certified investors in certified capital companies on a pro rata basis in accordance with this section.

(b)

The pro rata allocation for each certified investor shall be the product of:

(1)

a fraction, the numerator of which is the amount of the premium tax credit allocation claim filed on behalf of the investor with respect to Program One or Program Two, as applicable, and the denominator of which is the total amount of all premium tax credit allocation claims filed on behalf of all certified investors with respect to that program; and

(2)

the total amount of certified capital for which premium tax credits may be allowed with respect to that program under this chapter.

(c)

The maximum amount of certified capital for which premium tax credit allocation may be allowed on behalf of a single certified investor and the investor’s affiliates with respect to Program One or Program Two, as applicable, whether by one or more certified capital companies, may not exceed the greater of:

(1)

$10 million; or

(2)

15 percent of the maximum aggregate amount available with respect to that program under Section 228.254 (Total Limit on Premium Tax Credits)(a).
Added by Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1B.001, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 14.007(a), eff. September 1, 2009.

Source: Section 228.255 — Allocation of Premium Tax Credit, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­228.­htm#228.­255 (accessed Apr. 29, 2024).

228.001
General Definitions
228.002
Definition of Affiliate
228.051
Administration by Comptroller
228.052
Rules
228.053
Report to Legislature
228.054
Promotion of Program
228.101
Application for Certification
228.102
Qualification
228.103
Management by and Certain Ownership Interests of Insurance Entities Prohibited
228.104
Action on Application
228.105
Continuation of Certification
228.106
Reports to Comptroller
228.107
Renewal Fee
228.108
Offering Material Used by Certified Capital Company
228.151
Required Schedule of Investment
228.152
Investment in Early Stage Business Required
228.153
Investment in Strategic Investment Business Required
228.154
Certified Capital Not Invested in Qualified Investments
228.155
Computation of Amount of Investments
228.156
Limit on Qualified Investment
228.157
Distributions by Certified Capital Company
228.158
Repayment of Debt
228.201
Definition of Qualified Business
228.202
Relocation of Principal Business Operations
228.203
Evaluation of Business by Comptroller
228.204
Continuation of Classification as Qualified Business
228.251
Premium Tax Credit
228.252
Limit on Premium Tax Credit
228.253
Premium Tax Credit Allocation Claim Required
228.254
Total Limit on Premium Tax Credits
228.255
Allocation of Premium Tax Credit
228.256
Treatment of Credits and Capital
228.257
Transferability of Credit
228.258
Impact of Premium Tax Credit on Insurance Ratemaking
228.259
Retaliatory Tax
228.301
Annual Review by Comptroller
228.302
Decertification of Certified Capital Company
228.303
Administrative Penalty
228.351
Recapture and Forfeiture of Premium Tax Credit Following Decertification
228.352
Notice of Recapture and Forfeiture of Premium Tax Credit
228.353
Indemnity Agreements and Insurance Authorized

Accessed:
Apr. 29, 2024

§ 228.255’s source at texas​.gov