VATINS1510 - General introduction and law: Issues arising from the VAT Legislation: The status of the supplier of the insurance service
Until
the House of Lords (HoL) judgment, (see VATINS1210 and VATINS7010) a supply of insurance had
to be made by a permitted insurer if it was to qualify for exemption. The HoL
ruled, however, that any person supplying insurance qualified for the
exemption, as did supplies of insurance transactions effected by block policy
holders (see VATINS2300).
This means that you could come across businesses that are (or claim they are)
making supplies of exempt insurance even though they are not authorised to do
so. You may also come across companies that are in effect supplying exempt
insurance but treating it as a standard rated supply.
This is particularly likely to occur in the warranty market where there has
been a significant increase in the marketing of guarantees and warranties that
are not backed by insurance companies. See VATINS3700 for more information
on this.
You should consult VATINS2530 if you have identified
an insurer who is not permitted or if a non-permitted business claims to be
supplying exempt insurance.
VATINS2110 to VATINS2520 provide detailed
guidance on the determination and regulation of insurance.