Issues concerning Income Taxation of Corporations associated with Risk Shifting-Focus on Reinsurance Transactions

2014 Fiscal Year Final Research Report

• Project/Area Number: 24530038
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Public law
• Research Institution: Kansai University
• Principal Investigator: TSUJI Mie 関西大学, 商学部, 准教授 (00440917)
• Project Period (FY): 2012-04-01 – 2015-03-31
• Keywords: 再保険 / キャプティブ保険 / 国際課税 / 移転価格

Outline of Final Research Achievements

In my research, I have been focusing on the issues which arise between reinsurance transactions and income taxation of corporations with the aim of finding the appropriate tax system for reinsurance transactions. I focus on (1) reinsurance by insurance companies and (2) captive insurance by non-insurance companies.
Concerning (1), I researched the excise tax on reinsurance premiums for foreign insurance companies in the United States. Concerning (2), I analyzed the possibility of deductions for insurance premiums (i.e. economic substance of transactions) and the validity of the amount of the premium (i.e. transfer pricing). For the former, I analyzed the latest tax case in the United States. For the latter, I analyzed tax cases in the Netherlands and the United Kingdom and then compared the Dutch transfer pricing regime with the new Japanese regime.

Free Research Field

租税法、国際租税法