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While noting improvements in the revised discussion draft, Insurance Europe’s raised concerns about the attribution of profits to permanent establishments (PEs), because, for some insurance business models, PEs would be recognised for tax, but not for regulatory purposes. This would represent a disproportionate compliance burden for insurers, as well as for tax authorities.
Insurance Europe reiterated that only the presence of key entrepreneurial risk-taking (KERT) functions in a jurisdiction should create a PE for tax purposes and be relevant for the attribution of profits. Insurance Europe added that a definition of PE widened to include intermediaries would result in the creation of a potentially large number of insurance PEs with nil or minimal additional profit being attributed to them.
Insurance Europe warned that the creation of many such PEs with no or minimal profit attributed would create an entirely unnecessary administrative burden for insurers and tax authorities. Therefore, Insurance Europe strongly believes that the final OECD guidance must include an explicit recommendation that jurisdictions should, in these circumstances have administratively convenient ways of collecting the appropriate amount of tax to reduce the compliance burden for both business and tax authorities.