In Minister Finansów v Aspiro SA (Case C-40/15), the CJEU found that the provision of claim settlement services to insurers did not fall within the insurance exemption. The case is a continuation of earlier judgments and raises significant challenges for all of us. The authors concerns in this area are that interpretation is too narrow, (re)insurance transactions are confused with contracts of (re)insurance, fiscal neutrality is denied as a result, actual combined distribution and production supply chains in important insurance markets like the UK (where terms like agents and brokers are less relevant) are not considered, and operations of agents with power to bind are not given the unqualified exemption, as in Aspiro. Is EU VAT insurance law to remain fossilised in time resulting in a significant cascade distortion if applied to UK insurance supply chains?
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