Insurance Brokers |
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The Broker’s RoleAs the client’s commercial partner in the insurance process, brokers must remain alert to the exposure to issues such as IPT liability. Whilst the broker is very rarely named as being liable for the tax (exceptions include France), the insured party certainly is liable if the insurer defaults. This position can become particularly strained were the insurer is providing cover on a non-admitted basis, or simply refuses to deal with the IPT issues. Managing the IPT ProcessWith some of the uncertainties surrounding the liabilities and locations of IPT risks, it is of paramount importance that the broker takes a logical and consistent line on the treatment of IPT. In the case of external investigation or simply internal review, it is vital that a clear paper trail is maintained. This should show the basis for the allocation of the tax. In addition, consistency of application between the broker and the insurer should be demonstrated. Non-complianceWhere the insurer refuses to take responsibility for IPT, the broker is left in a difficult position. The best option is a direct approach to the relevant tax authorities to make a local settlement on behalf of the insured. How TMF Can HelpBrokers faced with unresolved IPT issues often appreciate the assistance of a neutral expert. This is often the case where non-EU insurers are involved, who are unwilling to accept the complexities and responsibilities of European IPT. |
