IPTM4480 - Purchased life annuities: non-Uk insurers: release from requirement to appoint a tax representative: procedure for agreeing release with HMRC
Application for release from requirement to appoint a tax representative
A non-UK insurer may apply to HMRC to be released from the requirement to appoint a tax representative by making a declaration that it will conduct life annuity business in accordance with the law applicable in the UK including in The Income Tax (Purchased Life Annuities) Regulations 2008 (SI 2008/562).
If HMRC agree to the request to be released from the obligation, the insurer will need to ensure that they comply with the procedures relating to the partial exemption scheme as set out in IPTM4350 onwards.
If the declaration given does not specify that the insurer will conduct life annuity business as set out in the first paragraph above, then HMRC will not agree to the release of the insurer from appointing a tax representative.
Applications for release should be sent to HMRC at the contact address given in IPTM4430.
Form of words of the declaration
There is no specific form of words that the insurer must use when making the declaration. The simplest way for a non-UK insurer to make the declaration is to use the form of words at IPTM4500.
Otherwise the application must declare that the insurer will conduct life annuity business in accordance with the law applicable in the UK including in The Income Tax (Purchased Life Annuities) Regulations 2008 (SI 2008/562) as amended by SI 2008/1481 and SI 2012/2902.
In either situation, the declaration should be signed by the company secretary, or other officer authorised to act on behalf of the company.