Decree on Dutch insurance premium tax issued

A new decree on insurance premium tax (IPT) in the Netherlands has been issued, clarifying and changing certain aspects of Dutch IPT, according to FiscalReps.

The decree revises and clarifies various definitions with regards to the IPT exemption available for the insurance of commercial seagoing vessels, specifically in relation to insurance of certain inland vessels, contracts for certain mortgage interest insurance in relation to ships, and insurance of certain pleasure craft used commercially.

In relation to the IPT exemption available for export credit insurance, FiscalReps noted that the decree now provides more detail on when the exemption can apply, stipulating that there must be a ‘Dutch interest’ in the export of the goods or services. The decree also states further details will be released on the application of the exemption, though FiscalReps said it is unclear when this will be.

The decree also sets out the possibility of the lead insurer in a co-insurance agreement being responsible for the settlement of the full IPT. FiscalReps explained that a number of conditions must be met for this to be permissible, and the decree notes that if the contract is taken out through a taxable intermediary, the premium tax liability remains with the taxable intermediary.

Finally, where insurance is sold by an EU/EEA insurer through a retailer acting as taxable intermediary in the Netherlands, the new decree now provides for the IPT filing responsibilities to fall on the EU/EEA insurer instead of the retailer. FiscalReps noted that the decree provides the example of the sale of insurance with the purchase of consumer electronics. A number of conditions must be met for this to be permissible and if the insurer does not fulfil its obligations, the responsibility will revert back to the retailer.