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Insurance taxation

The Eversheds Sutherland Insurance Taxation group addresses the most challenging tax issues facing the insurance industry, particularly those confronting multinational insurance companies. We assist clients on taxes that affect day-to-day operations, the tax aspects of proposed acquisitions, dispositions, and reorganizations, the tax treatment of reinsurance transactions and surplus enhancement programs, product tax design, and the tax treatment of policyholders and shareholders.

We provide counsel on the full range of tax matters involving insurance products, from the design of tax-compliant life insurance and annuity products for the retail, private placement, and corporate markets to the remediation of products that fail to be tax compliant. We advise on policyholder tax matters and excise tax concerns. We also work with corporate clients other than insurance companies to assess their insurance programs, including COLI/BOLI arrangements, and with major investment banks in developing investment strategies that support variable products. Our lawyers are leading advisers on property casualty, captive insurance, and other risk funding plans, and we are at the cutting edge of tax and related business issues associated with new insurance products and their marketing.

Financial service taxation offerings include:

  • assisting insurance companies with tax planning and transactional work
  • Foreign Account Tax Compliance Act (FATCA) compliance
  • handling company tax controversies at all stages
  • cross-border reinsurance, transfer pricing, and planning work

Recent experience includes:

  • advising a large international insurer on the tax implications of the sale of its U.S. insurance operations
  • representing two international insurers on the restructuring of their U.S. operations
  • representing an international insurance company in tax litigation regarding a $306 million tax refund
  • auditing Bermuda insurer operations for compliance with tax guidelines

Our financial products tax insurance team provides experience and knowledge with respect to all types of insurance issues. We help insurance and other financial service companies manage risk while maximizing shareholder and policyholder value.

Contact our insurance taxation team

If you would like any further information or need advice on insurance taxation matters, please contact our legal team.

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