Insurance and insurance services | Croner-i Tax and Accounting

'provision of cover', meaning

Case Law – Winterthur Life UK Ltd. [2002] BVC 2,136

Accounting for tax

Legislation/Regulatory – FA94 s. 54

Amounts paid by tenants under terms of leases

Case Law – Globe Equities Ltd. [1996] BVC 2,209

Block policies

Commentary – Indirect Tax Reporter ¶41-700(1)

Breakdown situations

Generally

Commentary – Indirect Tax Reporter ¶41-700(10)

Mechanical

Commentary – Indirect Tax Reporter ¶41-700(9)

Brokerage

Commentary – Indirect Tax Reporter ¶41-700(2)

Brokers and agents, negotiations bringing about transactions

Case Law – JCM Beheer BV v Staatssecretaris van Financiën (Case C-124/07). [2011] BVC 287

Call centres

Case Law – Teletech UK Ltd. [2003] BVC 2,514

Call-centres

Commentary – Indirect Tax Reporter ¶41-700(3)

Claims

Legal costs

Commentary – Indirect Tax Reporter ¶41-700(4)

Local authorities and similar bodies

Commentary – Indirect Tax Reporter ¶51-520

Motor policies

Commentary – Indirect Tax Reporter ¶41-700(4)

Overseas, costs

Commentary – Indirect Tax Reporter ¶41-700(13)

Re-instatement costs

Commentary – Indirect Tax Reporter ¶41-700(4)

Claims-handling

Generally

Commentary – Indirect Tax Reporter ¶41-700(5)

Legal services, input tax

Commentary – Indirect Tax Reporter ¶19-110

Commodities

– see Commodities

Compliance services

Case Law – Century Life plc v Customs and Excise Commissioners. [2000] BVC 142

Computer hardware and software supplied to insurance industry, Customs' ruling

Case Law – R (on the application of Software Solutions Partners Ltd) v Revenue and Customs Commissioners. [2007] BVC 667

Consideration

Arranging insurance warranty

Case Law – CR Smith Glaziers (Dunfermline) Ltd. [2000] BVC 2,146

Meaning

Case Law – National Transit Insurance Co. Ltd. v. Commissioners of Customs & Excise. (1974) 1 BVC 37

Payment by insurance broker

Case Law – The British Horse Society Ltd. [2000] BVC 2,062

Payment of insurance premium

Case Law – CR Smith Glaziers (Dunfermline) Ltd. [2000] BVC 2,146

Consumer durables

Mechanical breakdown

Commentary – Indirect Tax Reporter ¶41-700(9)

Value shifting

Commentary – Indirect Tax Reporter ¶14-200

Contracts, member states maintaining/introducing taxes on

Legislation/Regulatory – Dir. 2006/112 art. 401

Cover provided with vehicle hire

Case Law – Motor & Legal Group Ltd. [1995] BVC 904

Credit card protection plan

Case Law – Card Protection Plan Ltd. (1990) 5 BVC 956

Credit card registration services

Case Law – Card Protection Plan Ltd v. Customs and Excise Commissioners. [1994] BVC 20 ; Card Protection Plan Ltd v Customs and Excise Commissioners. [2001] BVC 158 ; Card Protection Plan Ltd v. Customs and Excise Commissioners (Case C-349/96). [1999] BVC 155

Credit entitlement

Legislation/Regulatory – FA94 s. 55

Customer of removal and storage company

Case Law – Lee. [1998] BVC 2,051

Data-gathering powers: relevant data-holder

Legislation/Regulatory – FA2011 Sch. 23, para. 24 ; SI 2012/847 reg. 22

Direct MAT

Commentary – Indirect Tax Reporter ¶41-700(6)

Electronic

– see Electronic banking, finance and insurance services

Employee liabilities and indemnity insurance

Legislation/Regulatory – ITEPA2003 s. 346-350, 556A

Engineering insurance and inspection services

Commentary – Indirect Tax Reporter ¶41-700(7)

Exemption

Brokers and agents

Legislation/Regulatory – Dir. 2006/112 art. 135(1)(a)

Generally

Commentary – Indirect Tax Reporter ¶27-100 ; Indirect Tax Reporter ¶40-000

Insurance transactions

Legislation/Regulatory – VATA94 Sch. 9, Grp. 2, item 1

Intermediaries

Legislation/Regulatory – VATA94 Sch. 9, Grp. 2, item 4

Reinsurance transactions

Legislation/Regulatory – VATA94 Sch. 9, Grp. 2, item 1

Export of goods, input tax relief

Commentary – Indirect Tax Reporter ¶41-600

Free cover offered by motor manufacturer selling cars through dealers

Case Law – Ford Motor Co Ltd v Revenue and Customs Commissioners. [2007] BVC 479 ; Ford Motor Co Ltd v Revenue and Customs Commissioners. [2008] BVC 157

Furniture remover

Case Law – Company Moves. (1990) 5 BVC 618

Furniture sales, value shifting

Case Law – Courts plc [2005] BVC 2,003

Generally

Commentary – Indirect Tax Reporter ¶41-500

Legislation/Regulatory – Notice 701/36

Insurance and reinsurance companies

– see Insurance and reinsurance companies

Insurance-related services

Commentary – Indirect Tax Reporter ¶41-700(8)

Case Law – Morganash Ltd [2007] BVC 2,184

Intermediaries

– see Insurance intermediaries

Intermediary services

Agreement with Norwich Union

Case Law – The Governor & Company of the Bank of Ireland [2009] BVC 2,171

Reviewing of pension policies

Case Law – Century Life plc v Customs and Excise Commissioners. [2000] BVC 142 ; Century Life plc. [1999] BVC 2,129 ; Commissioners of Customs and Excise v Century Life plc. [2001] BVC 116

Isle of Man

Commentary – Indirect Tax Reporter ¶40-000

Leasing

– see Equipment leasing and rental

Legal services, reclaiming VAT

Generally

Commentary – Indirect Tax Reporter ¶19-110

Motor insurance cover

Commentary – Indirect Tax Reporter ¶19-118

Liability

Legislation/Regulatory – FA94 s. 52

Lloyd's members' agents

Case Law – SOC Private Capital Ltd. [2003] BVC 2,038

Long-term asset, loss or destruction of

Legislation/Regulatory – OTA75 Sch. 4, para. 7

Making of arrangements for provision of

Direct marketing or mailshot activity

Case Law – Barclays Bank plc (No. 3). [1991] BVC 893

Generally

Case Law – Countrywide Insurance Marketing Ltd. [1995] BVC 580 ; Dogbreeders Associates. (1989) 4 BVC 777 ; Donald Ford (Financial Services). (1987) 3 BVC 609

Pension fund trustees

Case Law – Federated Pensions Services Ltd. [1993] BVC 601

Personal pension schemes

Case Law – Winterthur Life UK Ltd (formerly Provident Life Association Ltd). [1997] BVC 2,433

Marine

Legislation/Regulatory – FA59 s. 30(6)

MBI cover

Motor repairs under, recovery of input tax

Case Law – Equitable Life Assurance Society. [2003] BVC 2,476 ; WHA Ltd & Anor v Customs and Excise Commissioners. [2003] BVC 537 ; WHA Ltd & Anor v Customs and Excise Commissioners. [2004] BVC 485 ; WHA Ltd & Anor v Revenue and Customs Commissioners. [2007] BVC 695 ; WHA Ltd & Anor v Revenue and Customs Commissioners. [2013] BVC 155

Premium added to price of car

Case Law – (1984) 2 BVC 205,053

Meaning

Legislation/Regulatory – FA94 Sch. 6A, para. 1 ; FA94 s. 73(1) ; SI 1978/1159 reg. 2

Mechanical breakdown

Commentary – Indirect Tax Reporter ¶41-700(9)

Medical insurance

– see Insurance policies; Medical treatment

Medico-legal and other medical services

Commentary – Indirect Tax Reporter ¶41-700(11)

Mixed or composite supplies

Commentary – Indirect Tax Reporter ¶41-700(12)

Money, disregarding

Legislation/Regulatory – OTA75 Sch. 3, para. 8(2)

Online referral/introductory service, brokers, agents or intermediaries

Case Law – InsuranceWide.com Services Ltd [2008] BVC 2,101 ; InsuranceWide.com Services Ltd v Revenue & Customs Commissioners; Revenue & Customs Commissioners v Trader Media Group Ltd. [2009] BVC 412 ; Revenue and Customs Commissioners v InsuranceWide.com Services Ltd & Anor. [2010] BVC 606

Other insurance-related services

Exemption

Commentary – Indirect Tax Reporter ¶41-650(2)

Generally

Commentary – Indirect Tax Reporter ¶41-650

Outside scope/exemption with right of recovery/zero-rating

Commentary – Indirect Tax Reporter ¶41-650(3)

Standard-rating

Commentary – Indirect Tax Reporter ¶41-650(1)

Outside scope/exemption with right of recovery/zero-rating

Other related services

Commentary – Indirect Tax Reporter ¶41-650(3)

Providing or arranging cover

Commentary – Indirect Tax Reporter ¶41-600

Outsourcing

Commentary – Indirect Tax Reporter ¶40-500(5)

Overseas claims costs

Commentary – Indirect Tax Reporter ¶41-700(13)

Payment of tax

Legislation/Regulatory – FA94 s. 54

Pension funds

Commentary – Indirect Tax Reporter ¶41-700(14)

Place of supply

Generally

Legislation/Regulatory – VATA94 Sch. 4A, para. 16(2)(e)

Non-taxable persons outside the Community

Legislation/Regulatory – Dir. 2006/112 art. 59(e)

Reverse charge

Legislation/Regulatory – VATA94 s. 8

Portfolio transfers

Commentary – Indirect Tax Reporter ¶41-700(15)

Premium payments

Policies

Commentary – Indirect Tax Reporter ¶11-018

Tenant to landlord

Commentary – Indirect Tax Reporter ¶37-575

Premiums

Generally

Commentary – Indirect Tax Reporter ¶41-700(16)

Local authorities and similar bodies

Commentary – Indirect Tax Reporter ¶51-520

Protection and indemnity (P &I) insurance

Commentary – Indirect Tax Reporter ¶41-700(17)

Providing or arranging cover

Claims settlement

Commentary – Indirect Tax Reporter ¶41-600

Exemption

Commentary – Indirect Tax Reporter ¶41-600

Generally

Commentary – Indirect Tax Reporter ¶41-600

Insurers and reinsurers

Commentary – Indirect Tax Reporter ¶41-600

Outside scope/exemption with right of recovery/zero-rating

Commentary – Indirect Tax Reporter ¶41-600

Standard-rating

– see Standard rate of VAT

Qualifying assets

Legislation/Regulatory – OTA83 Sch. 2, para. 7

Records to be kept

Legislation/Regulatory – FA94 Sch. 7, para. 1

Registration

Commentary – Indirect Tax Reporter ¶43-075

Legislation/Regulatory – FA94 s. 53

Relevant contractual documents, statement of amount customer required to pay

Case Law – CR Smith Glaziers (Dunfermline) Ltd v Customs and Excise Commissioners. [2003] BVC 249

Rental television sets

Case Law – Thorn EMI plc; Granada plc. [1993] BVC 792

Returns

Legislation/Regulatory – FA94 s. 54

Reviewing pension policies

Commentary – Indirect Tax Reporter ¶41-700(18)

Road assistance services in event of breakdown, failure of member state to fulfil obligations

Case Law – EC Commission v Greece (Case C-13/06). [2009] BVC 729

Roadside assistance

Commentary – Indirect Tax Reporter ¶41-700(19)

Run-off situations

Commentary – Indirect Tax Reporter ¶41-700(20)

Salvage

Commentary – Indirect Tax Reporter ¶41-700(21)

Service fund for theft/breakage of party plan demonstration kits

Case Law – (1983) 1 BVC 1,198

Single or multiple supplies

Credit card protection plan

Case Law – Card Protection Plan Ltd v. Customs and Excise Commissioners. [1992] BVC 157 ; Card Protection Plan Ltd. (1990) 5 BVC 956

Heating engineer, warranty under MBI plan

Case Law – Domestic Service Care Ltd. [1995] BVC 745

Two-year insurance included with sales of cars

Case Law – Lindsay Cars Ltd. [2005] BVC 2,461

Single or multiple supply

Generally

Commentary – Indirect Tax Reporter ¶15-670

Insurance-based car protection and cleaning products

Commentary – Indirect Tax Reporter ¶15-670

Soft commissions

Commentary – Indirect Tax Reporter ¶41-700(22)

Standard-rating of certain supplies

Commentary – Indirect Tax Reporter ¶40-000

Supply to person in another member state, invoices

Legislation/Regulatory – SI 1995/2518 reg. 13(1B)

Tax representatives

– see Tax representatives

Transactions between parent company and subsidiary

Case Law – Re Försäkringsaktiebolaget Skandia (publ) (Case C-240/99). [2001] BVC 281

Transactions performed by brokers or agents

Life assurance, 'back office' activities

Case Law – Staatssecretaris van Financiën v Arthur Andersen & Co Accountants c.s. (Case C-472/03). [2006] BVC 228

Motor vehicle damage assessments

Case Law – Assurandør-Societetet (acting on behalf of Taksatorringen) v Skatteministeriet (Case C-8/01). [2006] BVC 199

Transfer of contracts

Case Law – Swiss Re Germany Holding GmbH v Finanzamt München für Körperschaften (Case C-242/08). [2010] BVC 259

Transfer of going concern – overage agreement

Commentary – Indirect Tax Reporter ¶54-155

Unauthorised person providing, meaning of supply

Commentary – Indirect Tax Reporter ¶10-045

Underwriters

– see Lloyd's underwriters

Valuation

Commentary – Indirect Tax Reporter ¶41-700(23)

Valuation for motor insurance purposes

Case Law – Lancaster Insurance Services Ltd. (1990) 5 BVC 928