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Document Type: ER - Executive Rules & Instructions
Law: KIT (Law No. 2 of 2008 amending Decree No. 3 of 1955)
Decision Number: 43
Year: 2013
Country: 🇰đŸ‡ŧ Kuwait
Official Name: Executive Rule No. 43 Concerning the inspection of Incorporated Bodies performing insurance activities

Ministry of Finance - Tax Department - 2013 [Executive Rules & Instructions]

Executive Rules and Instructions of Kuwait Income Tax Decree No. 3 of 1955 as amended by law No. 2 of 2008

Executive Rule No. 43 Concerning the inspection of Incorporated Bodies performing insurance activities

Articles No. 2 & 3 & 5 & 6 of the Executive Regulations:

First: Reserves at Incorporated Bodies performing insurance activities

There are three types of reserve in Incorporated Bodies performing insurance activities:

  1. Reserve for unexpired risks

    It is an expense at the end of the previous year, which is carried forward as revenue at the beginning of the current year. This item is acceptable as a specific percentage of net premiums as follows:

    Marine insurance25%
    Fire insurance40%
    Motor and other insurance40%
  2. Outstanding claims reserve

    Genuinely, it is not accepted whether it is an expense at the end of the current year or revenue at the beginning of the current year. However, if the Incorporated Body has reported outstanding claims reserve as part of paid claims, only paid claims are acceptable to the extent of the supporting documents as per each type of policies after the excluding outstanding claims of the Incorporated Body at the beginning and end of the year.

  3. Additional reserve

    It is not accepted whether it is an expense at the end of the current year or revenue at the beginning of the current year.

Second: Reinsurance from abroad

To accept reinsurance from abroad, the amount paid for reinsurance shall be compared to the amount of the claims recovered plus the commission received from reinsurance. In case the amount of the claims recovered together with the commission received is more than the amount paid for reinsurance, it is accepted. If not, the following shall be done:

  1. Disallow an appropriate percentage of reinsurance premiums abroad after verifying the correctness of the documents thereof.

  2. In case the Incorporated Body does not present an appropriate value of the recovered, these shall be estimated as follows:

    1. In case the Incorporated Body does not maintain the required books and registers, the value of the claims recovered are estimated from paid claims compared to percentage of reinsurance premiums together with direct premiums. (facultative reinsurance).

    2. In case of treaty reinsurance, excess loss reinsurance, surplus reinsurance, the claims recovered shall be estimated after the study of the documents thereof.

Third: Reinsurance commission

In case the Incorporated Body does not report a commission collected from reinsurance abroad at an appropriate percentage, the following shall done:

  1. Estimation of a deemed percentage range from 20% to 30% of reinsurance amount.

  2. Estimation of a commission percentage equivalent to the paid agent's commission.

Note: In case of treaty reinsurance, excess loss reinsurance, surplus reinsurance, the commission received shall be estimated after the study of the documents thereof.

Fourth: Agent's commission

With regard to the agent's commission, the nature of the agent's work with the incorporated body should be firstly ensured. The commission shall be treated as follows:

  1. In case the agent is a producer agent and incurs administrative expenses of the Incorporated Body, the agent's contract with the Incorporated Body as well as the settlement thereto shall be verified. The allowable percentage of the commission should not exceed 35% of the total premiums.

  2. In case, the agent works as an agent or sponsor or both of them, the allowable percentage shall be 2% of total premiums.

Fifth: Fees received

These are fees received from clients against the issuance of insurance polices by Incorporated Bodies. If these fees are collected by the agent or sponsor, the contract between the Incorporated Body and agent should be verified. However, if this is not stipulated in the contract, these fees shall be included in the Incorporated Body's revenues and not the agent's.

Sixth: Revenues not related to the main activity:

  1. Deposits' interests

    In accordance with the Ministerial Resolution No (3) of 1966 as amended by Ministerial Resolution No (30) of 1975 issued by the Ministry of Commerce & Industry which obliges Incorporated Bodies practicing insurance activities to keep certain amount as annual deposit in a Kuwaiti bank. Therefore Incorporated Bodies practicing insurance activities shall include the interests on that deposit within their revenues.

  2. Other revenues

    These revenues are represented in the profits from the sale of assets, profits from financial investments or any other revenues. An Incorporated Body shall include these various revenues in its tax declaration.

Seventh: Head Office Expenses

Direct premiums after calculation of reserve for unexpired risks

Less: Outward reinsurance share

Add: Inward reinsurance share

Net premiums after calculation of reserve for unexpired risks

Add: Commission received from outward reinsurance

Less: Commission paid on inward reinsurance

Net revenues for calculation of head office expenses

1.5% head office expenses from net revenues

KD

×××××

(×××××)

×××××

×××××

×××××

(×××××)

×××××

×××××

Eighth: The deemed inspection of the Incorporated Body practicing insurance activity:

The deemed profit shall be calculated in case there are no regular accounts for the Incorporated Bodies practicing insurance activities as follows:

Direct premiums

Add: Inward reinsurance share

Less: Outward reinsurance share

Net premiums

Add: Reserve for unexpired risks (the beginning of the period)

Less: Reserve for unexpired risks (the end of the period)

Net premiums and reserve balance

Add: Commission received from outward reinsurance

Less: Commission paid on inward reinsurance

Add: Issuance fees

Revenues

Net estimated profit %

Add: other revenues (not related to the activity)

Taxable profit

Tax @ 15%

xxx

xx

(xx)

xx

xx

(xx)

xxx

xx

(xx)

xx

xxx

xx

xx

xx

xx

Ninth: Special and exceptional cases relating to the inspection of Incorporated Bodies practicing insurance activities are treated separately after consulting the Tax Department in this regard.