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Since the inception of Freedom of Services insurance for multi-jurisdiction programmes, the requirement for a local fiscal representative has been a key control for foreign tax authorities. The fiscal representative is usually held jointly liable for insurers' IPT and Parafiscal Charges.
Click here for a free list of countries requiring an IPT Fiscal Representative
Some tax authorities are beginning to relax the requirements for the appointment of a full fiscal representative, e.g. in Belgium and the UK.
The Role of the IPT Fiscal Representative
Tax authorities look to the local representative to properly calculate, record and pay over IPT and Parafiscal Charges. This includes retaining copies of most insurance contracts in-country - the tax authorities have the right to inspect these, and the details of IPT calculations, at short notice.
When questions arise, or if the tax authorities wish to perform an audit, the fiscal representative is the first port of call.
As with other taxes, such as VAT, the fiscal representative is jointly and severally liable for IPT and Parafiscal Charges. In the event of the insurer (or insured) not settling taxes or penalties, the fiscal representative is next in line in terms of liability. There are many cases where the tax authorities have exercised this right, making fiscal representatives sensitive to potential losses when taking on a new insurer. As a result, a fiscal representative will usually insist on a full bank guarantee (or a cash deposit) from a reputable, local bank to cover any potential tax liabilities.
For insurers working in multiple territories, the requirement to appoint fiscal representatives in most territories, and provide local guarantees in each jurisdiction, can be hugely burdensome and expensive.
Relaxation of the Fiscal Rep Requirement
As with VAT, there has been some relaxation in a few countries of the obligation to appoint a fiscal representative. The UK has now dropped the requirement for a fiscal representative. Other countries making similar moves are Germany and Belgium. In the case of the latter, however, there is still the condition that IPT payments are made from a local bank account, making IPT compliance, without the use of some type of local agent, tricky.
TMF's IPT Fiscal Rep Services
Whether the requirement is for a full fiscal representative, or simply a local tax agent, TMF has the reach across Europe to help you.
With 35 offices in Europe, TMF offers the market's largest representative network. A single point-of-contact service means that you only need to talk to one office to have all of your compliance requirements covered for the whole region. This includes practical measures such as a single bank guarantee facility for the whole of Europe, and special, secure client bank accounts where in-country settlement is a requirement, e.g. Spain.
TMF's real strength is its IPT professionals on the ground who deal with the tax authorities on a regular basis. They are often in a position to speak directly to the tax authorities on your behalf, thus enabling a sensible and practical resolution of your IPT requirements.
If you wish to learn more about our services, then please contact us today:
iptax@tmf-group.com
+44 (0)870 067 8881
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