IPTM4440 - Purchased life annuities: non UK insurers: nomination of a tax representative: approval procedure: approval or rejection by HMRC
Response from HMRC within 30 days
HMRC must respond within 30 days of receiving a nomination of a tax representative from a non-UK insurer. HMRC will
- approve the nomination, or
- ask the insurer or the person nominated as the tax representative to supply further information that may reasonably be required to satisfy HMRC that the person nominated is a fit and proper person to be a tax representative, or
- reject the nomination, giving reasons.
If HMRC does not respond within 30 days, then the person nominated will automatically become the tax representative of the overseas insurer.
Where further information is required by HMRC
Where further information is requested by HMRC from the insurer or the nominated tax representative, this must be supplied within 30 days. If it is not supplied within that period then HMRC can reject the nomination. If the information is supplied but it is still not sufficient for HMRC to approve the nomination then it may ask for further information, which must be supplied within 30 days of the request.
Rejections of nominations and right to review and appeal
A non-UK insurer may appeal in writing within 30 days against a decision by HMRC to reject the nomination of a tax representative. They may also ask HMRC to review the decision. The First-tier Tribunal would hear any appeal. If the review or appeal is successful, then the person nominated by the insurer would become the tax representative and be responsible for supplying relevant material to HMRC. The date of appointment of the person nominated is the first date on which there is no further possibility of a further appeal against the decision.
If an insurer does not ask for a review of the decision or is not successful in an appeal against a rejection of a nomination, then it must nominate another person to be its tax representative within three months of the date on which there is no possibility of a further appeal. If it does not, HMRC has the right to appoint a tax representative – see IPTM4450.