May a Health Maintenance Organization invest in a TNInvestco as a participating investor and receive an allocation of investment tax credits?
A participating investor must be an insurance company that is required to pay the gross premiums tax pursuant to Tenn. Code Ann. ยง 56-4-205. Therefore, if an entity is subject to the gross premiums tax under any other section of the Tennessee Code, then it is not eligible to invest in a TNInvestco as a participating investor and cannot receive an allocation of investment tax credits.