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India Insurance Report - Series II                                                          41


            undersubscribed surplus, capacity may be accepted from offshore reinsurers. There should be Contract
        certainty for the conclusion of the R/I agreement. OR




        B) Removed

            The offshore reinsurers could be transacted simultaneously with collaterals to restore parity with
        foreign reinsurance branches in India.




        3.2.4. Branch Offices of Foreign Reinsurers

            The Branch offices of foreign reinsurers should have a simple regulatory regime drawn up, which
        does not burden them with (illustrative but not exhaustive): a) Retrocession limits, b) Local solvency
        rules if they have already complied with economic risk-based capital and solvency norms under EU
        wide Solvency II regime or equivalent of  that;  c) Quarterly  actuarial filings;  d) Public Disclosures;
        Mandatory investments in the local markets; e) General caveat that such Branches would be subjected to
        the entire Insurance Act provisions. The Branch offices of foreign reinsurers should be allowed to seek
        comfort around the entire balance sheet of the parent, its rating, solvency and its global market conduct.




        3.3.Reinsurance Taxation


            Taxation rates and concessions for the Reinsurance sector in the Asia region are provided in the
        table below. Once the entities are granted with the tax incentive status (normally for a period of 10
        years), they will be concessionary taxed.

         Location     Corporate Tax Rate Tax Incentive Rate for Reinsurance
         Australia    30.0%                NIL

         China        25.0%                NIL
         Hong Kong 16.5%                   8.25%
         Japan        23.2%                NIL
         Korea        11.0%/ 22%/ 24.2%    NIL

         Malaysia     24.0%                8.00%
         Singapore    17.0%                10.00%
         India        22%                  40% for Foreign Reinsurance Branches
                                           (having an underwriting branch office in India)

            To make India a Reinsurance hub and to give incentives to Foreign Reinsurance branches (FRBs) for
        the Reinsurance Underwriting Activities from offshore business (Non-Indian/Global) from FRBs India
        office, it is recommended that a new lower taxation rate “Reinsurance Export Services (RES)” tax rate of
        10% should be introduced which will be lower than the current taxation rate of 40% for FRBs and Lloyd’s.
        This rate will be competitive with Taxation rates present for Reinsurance activities in Asian countries like
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