In accordance with the Insurance (Levy) Regulation and the Insurance (Levy) Order under the Insurance Ordinance (Cap 41), the Insurance Authority will begin to collect a levy from policyholders through premium payments to insurers from January 1 2018.
The levy will be incremental and divided into four phases:
- It will start at 0.04% during the first phase between January 1 2018 and March 31 2019.
- It will gradually increase to 0.06% between April 1 2019 and March 31 2020.
- There will be further increments to 0.085% between April 1 2020 and March 31 2021.
- It will reach a rate of 0.1% from April 1 2021 onwards.
The amount of the levy imposed on each policy (ie, life insurance or general insurance) will be subject to a cap.
For example, in phase 1 for a life insurance policy with premiums of or above HK$100,000, the policyholder will pay a maximum of HK$40 for that policy year. Employers which offer group life insurance policies with medical protection will be subject to the general insurance levy.
Phase 1 January 1 2018–March 31 2019 |
Phase 2 April 1 2019–March 31 2020 |
Phase 3 April 1 2020–March 31 2021 |
Phase 4 April 1 2021 onwards |
|
Levy rate |
0.04% |
0.06% |
0.085% |
0.1% |
Levy cap |
||||
Life insurance |
HK$40 |
HK$60 |
HK$85 |
HK$100 |
General insurance |
HK$2,000 |
HK$3,000 |
HK$4,250 |
HK$5,000 |
If a policyholder does not pay the required levy, the Insurance Authority may impose a penalty of up to HK$5,000 on the policyholder and may recover the outstanding levy as a civil debt due to the Insurance Authority. If an insurer collects an excessive levy from a policyholder, the Insurance Authority may impose a penalty of up to HK$10,000 on the insurer.
Holders of life insurance policies and general insurance policies (eg, travel, motor, property and household) will be required to pay the levy; however, reinsurers, policies underwritten by captive insurers and marine, aviation and goods-in-transit businesses are exempt.
The insurance industry and policyholders should be prepared to adopt the new levy from January 1 2018.
This article was first published by the International Law Office, a premium online legal update service for major companies and law firms worldwide. Register for a free subscription.
For further information on this topic please contact Kevin Bowers or Michael Withington at Howse Williams Bowers by telephone (+852 2803 3688) or email ([email protected] or [email protected]). The Howse Williams Bowers website can be accessed at www.hwbhk.com.