IFF Forum für Steuerrecht – Produkt

Inhalt

1 Introduction and Methodology

2 The concept of insurance and reinsurance

2.1 Insurance

2.2 Reinsurance

2.3 Functions, assets and risks employed in an insurance or reinsurance business

3 Captive insurance

3.1 Concept and commercial rationale

3.2 Types of captives

3.3 The jurisdictions for setting up captives

4 Deduction of insurance premiums paid to the captive – The US perspective

4.1 Preliminary remarks

4.2 The presence of an insurable risk

4.3 The need for risk shifting

4.4 The need for risk distribution

4.5 The presence of insurance in a commonly accepted sense

4.6 Summary – The importance of risk shifting and risk distribution

5 Transfer pricing aspects of captive insurance arrangements

5.1 Preliminary remarks

5.2 Pre-BEPS: Judicial precedents on the arm’s length nature of captive arrangements

5.2.1 The US UPS case

5.2.2 The Norwegian Norsk Agip case

5.2.3 The UK DSG case

5.2.4 The Dutch holiday resort case

5.2.5 The Dutch re-insurance case

5.3 Transfer Pricing analysis in light of international case law, current guidance and the BEPS-Action Plan

5.3.1 Delineating the controlled transaction

5.3.1.1 Article 9 and re-characterization of arrangements

5.3.1.2 Captives’ form and economic substance

5.3.1.3 Commercial rationale of the captive’s insurance policy

5.3.2 Setting arm’s length prices

5.3.2.1 Introductory comments

5.3.2.2 Comparable Uncontrolled Price Method

5.3.2.3 Transactional Net Margin Method

5.3.2.4 Profit Split Method

5.3.3 Captive reinsurers that offer insurance as a by-product – The business restructuring issue

5.3.4 Transfer pricing documentation

6 Recommendations to the OECD in light of the foregoing analysis

7 The future of captives: Are they dead or still alive?

OECD publications

UN publications

Academic Literature

International Case law

Administrative practice and rulings

Legislation

Reports