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International Insurance Premium Tax, and variations of it, is an international indirect tax. It is levied on risk contracts issued by insurance companies and captives. IPT covers many insurance classes, although life and ship & hull are often excluded, and reinsurance is not taxed.
Click here for free guidance on international IPT including TMF's global IPT knowledge bank.
Whilst the broad principles for international IPT are similar, the difficulties come down to national variations. In Europe, each state is free to set its own rules. Unlike VAT, there is no central EU co-ordination procedure advising on how IPT should be applied. As a result, uncertainty extends to who is liable to account for IPT - the insurer, the insured or the broker?
As a general rule, the tax is calculated on gross premiums written. There are varying regulations on the inclusion of additional costs such as broker fees.
IPT in Europe
The Freedom of Services regime, established by the EU and EEA, has been the driver for many of the increased IPT liabilities around Europe. FOS permits insurers established in the EU and EFTA (Lichtenstein, Switzerland, Norway and Iceland) to provide risk cover across international borders within the region. All that is required is to seek Passport Rights from the insurer's local Regulator and ensure compliance for IPT.
IPT Compliance
The single biggest issue in FOS has been determining where the international IPT is due on multi-jurisdictional programmes. This has been largely reviewed by the Courts in the Kvaerner Case.
Currently, it is only the 'old' European states which have IPT regimes. However, this is changing quickly. For example, Slovenia, one of the group of 10 accession countries which joined in 2004, has already enacted IPT. Others are following. Additionally, a number of countries capture this type of activity in their VAT regimes, e.g. Bulgaria.
European tax authorities have now all adopted the same risk classes. However, significant variations arise in the following areas:
- Treatment of Classes;
- Rates;
- Reporting deadlines;
- Numerous reporting authorities; and
- Local bank account requirements.
Responsibility for IPT
"Who is responsible for IPT compliance?" is always a key question in determining liability. Broadly, in Europe, the tax authorities pursue any outstanding balances from the following parties, in the following order:
- Insurer;
- Policy holder;
- Fiscal Representative (assuming correctly appointed); and
- Intermediary (only in certain countries).
The party responsible for IPT is required to calculate, collect, keep appropriate accounting records of and pay over to the tax authorities any international IPT due. This also includes Parafiscal Charges.
How TMF IPT Services Can Help
Staying on top of the variations in international IPT across Europe is challenging, and a huge drain on resources. TMF operates Europe's largest fiscal representative network. It is the only firm with IPT staff in-country, working daily with the local tax authorities and negotiating workable solutions on behalf of insurers and captives.
To learn more, contact TMF and see how its single point-of-contact service for international IPT can help keep your insurance business compliant in a convenient manner.
iptax@tmf-group.com
+44 (0)870 067 8881
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