Question ID: 2405
Regulation Reference: (EU) 2023/894 - ITS with regard to the templates for the submission of information necessary for supervision
Topic: Reporting Templates
Article: Article 35 of SII Directive
Template: S.05.01
Status: Revised
Date of submission: 17 Mar 2022
Question
Please clarify in which line of the form S05.01 of an insurance company, should the reinsurance profit commission be presented?
EIOPA answer
Revised answer published on 02/10/2023:
S.05.01 should be filled in according to the accounting principles used in the financial statements. However, it should be noted that under the principle of substance over form (see Article 6(1)(h) form the Directive 2013/34/EEC), “items in the profit and loss account and balance sheet shall be accounted for and presented having regard to the substance of the transaction or arrangement concerned". Therefore, reinsurance contracts where large amounts are transferred back to the insurer as reinsurance commissions or profit participation should be reported according to their economic nature, e.g. as claims corrections.
Old answer published until 02/10/2023
Reinsurance profit commissions depends on claims experience and therefore should be reported in row R0340 – Claims incurred – Reinsurer's share of template S.05.01.