Special Tax Insurance

Overview

Special tax insurance is a bespoke insurance product which cover tax risks already identified in M&A transactions. Especially when neither the seller nor the buyer is willing, or able, to retain the risk, a specific tax insurance policy can be used to avoid the need for a seller to place funds in escrow.

Benefits

The optimum solution

In addition, a special tax insurance can also be used to cover standalone tax risks identified outside of a transactional situation. Given that tax law sometimes leaves room for interpretation, taking outa special tax insurance can be the optimum solution especially when authority clearance is not possible to obtain in time.

In any event, the insured tax risk has to be around the legal conclusion on a tax position, i.e. a matter of the interpretation of law, rather than the factual uncertainty of underlying circumstances.

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