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Tax Liability Insurance

Brokers & Advisors

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We understand that helping your clients get comfortable is paramount.

Tax is complex and can give rise to uncertainty or the need to make judgment calls on multimillion pound risk, which can derail transactions. Brockwell’s tax offering provides advisers with a solution for tax risk and gives clients the certainty that they need. We understand that helping your clients get comfortable is paramount.

Our Team are experienced international tax professionals, with the breadth of expertise to assist with risks ranging from M&A-related risk to Personal Tax concerns to complex Institutions & Funds structures.

No two tax problems are the same and we will provide a bespoke policy dealing with the concern. We always engage a sector specialist which allows us to make helpful suggestions and be as commercial as possible. We are supported internationally by a network of top-tier tax counsel, which means that there are few jurisdictions or taxes that we can’t cover. Some W&I insurers also offer tax insurance, but a Brockwell client can be confident that they are dealing with a tax specialist supported by advisers who are tax experts for both the risk and sector.

Each adviser recommending Brockwell to their clients can expect a premium service, with clear communication (in simple language), proactive problem-solving, a straightforward process, and rapid response times. Our team is led by Richard Taylor-Whiteway who is ‘Top Recommended’ in the Spear’s 500 index for insurance.

And afterwards our Claims process is capable of dealing with complex matters as efficiently as possible and supported by robust Risk Capital provided by major insurers.

For more information about Brockwell and our appetite see About Us and Risk Appetite.

Get a quote here.

How can tax liability insurance help me?

Whether it is a thorny point on an M&A transaction, a technical concern that is preventing an investment into a fund, or ‘sleep easy’ cover, Brockwell Tax can assist.

For example, a tax policy can be used:

  • as a solution for an identified risk
  • instead of seeking a ruling from a tax authority
  • to prevent the need for (or to provide cover behind) an indemnity
  • as an alternative to a price adjustment
  • to release funds from an escrow
  • to protect a financial model against unforeseen liabilities
  • as a way of giving comfort beyond an adviser’s opinion

Unlike other insurance providers, we can provide cover for any financial exposure where the trigger for loss is tax-related and will provide insurance to individuals (see Personal Tax).

Brockwell Tax regularly works alongside advisers in order to provide an insurance solution and we are happy to make suggestions (if required) to assist a client achieve their commercial goals.

For practical examples, please see our Case Studies or e-mail Richard (our Head of Tax).

FAQs

Obtaining a quote costs nothing and is very quick. Please visit Quotes.

You can also get a quote for tax insurance by contacting your insurance broker and providing our contact details. We can recommend a specialist tax insurance broker if you don’t have one.

We typically provide indicative terms of insurance within 48 hours from receipt of the request for terms, but we can provide a quote within 24 hours in exceptional circumstances.

Please see Process for more information.

When seeking a quote for tax insurance the following information should be provided: (i) an outline/description of the tax risk, (ii) details and analysis of any facts relevant to the risk (both positive and negative), (iii) a calculation of the financial cover required, (iv) details of what insurance is required (e.g. who is the insured, policy period, limit of liability, etc), and (v) copies of any tax advice in relation to the risk.

No, but a note from a third party tax adviser (even by-email) will significantly improve the pricing and certainty of a quote. We will have a better understanding and so can price the risk more accurately and will need to assume less about the factual background. An external note also ensures that anything potentially problematic is highlighted (e.g. an ongoing audit or unhelpful factual aspect). If we make a material finding during underwriting then we may need to change our terms.

Once appointed to underwrite, we can issue a finalised policy within five business days although on average it takes two weeks. In exceptional circumstances and depending on the nature of the risk it may be possible to truncate this process.

Please see Process for more information.

There is no minimum amount that we will offer insurance for and we charge a percentage of the limit of liability covered (typically between 2% and 8%).

Our minimum premium is typically £85,000 (or equivalent) excluding our external costs and any applicable taxes (e.g. insurance premium tax), which can make very low financial cover uneconomical.

It is very easy for us to give indicative pricing and so if you are unsure please visit [Quotes] to seek terms of insurance.

To the extent that sufficient evidence is not available, we require that relevant facts are represented to us in the policy.

We can underwrite how tax law will apply to a fact pattern, but we cannot assume that relevant facts are correct.

Generally, we are not able to offer insurance where a matter is under audit by a tax authority.

We will only be able to offer terms in extremely rare circumstances and where the defence position is very robust. If we do offer terms then we would not cover costs associated with defending the position or payment of advanced tax.

We do not offer insurance for transactions/arrangements that are reportable under the UK’s disclosure of tax avoidance schemes (DOTAS) regime or its equivalents in other jurisdictions.

We will consider transactions/arrangements which are reportable pursuant to domestic legislation (e.g. as implemented following the EU Council Directive 2011/16 (DAC6)) provided that the relevant transaction/arrangement (i) does not constitute aggressive tax avoidance, (ii) has a commercial purpose, and (iii) is in the spirit of the relevant law (i.e. is not exploiting an unintended legal loophole).

Need an answer now?

Contact The Team get a quote