ARTICLE
3 February 2012

New Tax Rules - Return Of Payments (Insurance Undertakings) Regulations 2011

M
Matheson

Contributor

Established in 1825 in Dublin, Ireland and with offices in Cork, London, New York, Palo Alto and San Francisco, more than 700 people work across Matheson’s six offices, including 96 partners and tax principals and over 470 legal and tax professionals. Matheson services the legal needs of internationally focused companies and financial institutions doing business in and from Ireland. Our clients include over half of the world’s 50 largest banks, 6 of the world’s 10 largest asset managers, 7 of the top 10 global technology brands and we have advised the majority of the Fortune 100.
New tax rules have been introduced requiring insurance companies to make yearly returns to the Revenue Commissioners detailing payments made to policyholders.
Ireland Insurance
To print this article, all you need is to be registered or login on Mondaq.com.

New tax rules have been introduced requiring insurance companies to make yearly returns to the Revenue Commissioners detailing payments made to policyholders. The first such return, for payments made in 2011, is due on 30 September 2012. In future years, the return will be due no later than 30 March of the following year.

The reporting obligation generally applies to all payments made by Irish insurance companies to policyholders in relation to policies, which have acquired a surrender value. There are, however, broad exemptions in respect of payments made to non-Irish residents, banks, building societies and pension schemes (amongst others).

The return must include details relating to the insurance company itself, the policyholder and the payments made, including a description (or reference number) of the policy to which the payments relate. The return must also indicate whether the insurance company knows if the policyholder is the beneficial owner of the payment. The return must be made electronically to Revenue's Planning Division.

A related additional new compliance obligation is for insurance companies is to obtain tax reference numbers of policyholders and, furthermore, to actively verify the information provided. Application forms (including online forms) must be amended to require policyholders to submit their tax reference number. For verification purposes, insurance companies must also request policyholders to provide documents displaying their tax reference numbers (and the insurance company must satisfy itself as to the authenticity and veracity of such documentation). Where a tax reference number is not provided, the insurance company is required to make a money laundering report to the Garda Síochána or, failing that, to include in their annual return an indication that no tax reference number or document verifying the tax reference number was provided.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More