Issue: 1
Published: 24/09/2009
Ray Smith, Zoe Hammond, Rhys Jones
Insurance premium tax not chargeable on administration fees
- clarification for insurers and intermediaries
The High Court has ruled that insurance
premium tax (IPT) is not chargeable on a contract for
administration services (Homeserve GB Ltd v Revenue and Customs
Commissioners). The Court clarified that as long as the
contract under which the fee is paid is a separate contract from
the contract of insurance, the fee will not be subject to IPT.
An Inspector calls
On 1 April 2009, HMRC’s new wider powers of
enquiry and inspection came into effect. These wider powers include
the power to search business premises and demand documents.
Businesses are advised to take practical steps to ensure they are
prepared should an HMRC inspector call.
VAT on transfer of portfolio of
reinsurance contracts
A recent Opinion by the ECJ has brought into
focus the treatment of certain insurance and reinsurance contracts.
The German supreme fiscal court asked the ECJ to clarify whether a
transfer of a portfolio of reinsurance contracts from one insurer
to another was an exempt transaction for VAT purposes. The transfer
of an insurance contract, on the facts, did not satisfy
this.
Personal liability of senior
accounting officers for tax reporting
In 2009 rules have come into force setting out
new obligations and duties for senior accounting officers and
directors of certain sized companies to take reasonable steps to
ensure that their company (including group companies) establishes
and maintains appropriate tax accounting arrangements.
Taxing times
A perceived hostile tax environment and
constantly changing rules have caused a number of major insurance
and non-insurance companies to migrate from the UK. This
article discusses why these companies are leaving and what the UK
Government is doing about it.