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Comparison of Compulsory Liability Insurance of Tax Advisors in Poland to the Czech Counterpart Cover

Comparison of Compulsory Liability Insurance of Tax Advisors in Poland to the Czech Counterpart

Open Access
|Jul 2023

Figures & Tables

Tariff of insurance rates in CZK

Sum assured (deductible)Maximum revenue of security seeker for the most recent accounting period (in case of commencement, the estimated revenue for current year is used)
500,0001,000,0003,000,0005,000,00010,000,000
Insurance premium
1,000,000 (none)2,9002,9002,9002,9002,900
2,000,000 (none)8,47010,43015,26019,39026,140
3,000,000 (none)9,81012,08017,68023,30028,610
5,000,000 (none)14,60017,97024,13030,60037,460
10,000,000 (none)21,05025,96032,24040,56048,890
20,000,000 (10%, but min. 10,000 CZK, max. 100,000 CZK)33,25039,67044,05554,35062,280
20,000,000 (10%, but min. 5,000 CZK, max. 50,000 CZK)39,90047,61052,86065,43074,700
30,000,000 (10%, but min. 10,000 CZK, max. 100,000 CZK)51,89057,70063,65071,32079,950
30,000,000 (10%, but min. 5,000 CZK, max. 50,000 CZK)60,68065,20070,23077,10085,620
40,000,000 (10%, but min. 15,000 CZK, max. 150,000 CZK)None70,63073,10081,78091,555
40,000,000 (10%, but min. 5,000 CZK, max. 50,000 CZK)None77,65080,99089,23098,560
50,000,000 (10%, but min. 15,000 CZK, max. 50,000 CZK)None93,15098,760106,140117,560
5,000,0000 (10%, but min. 5,000 CZK, max. 50,000 CZK)None102,660112,000119,650128,020
70,000,000 (10%, but min. 15 000 CZK, max. 150,000 CZK)None117,690122,710132,020146,980
70,000,000 (10%, but min. 5 000 CZK, max. 50,000 CZK)None128,470134,850145,350159,990
100,000,000 (10%, but min. 15,000 CZK, max. 150,000 CZK)None145,960150,540160,210174,050
100,000,000 (10%, but min. 5,000 CZK, max. 50,000 CZK)None156,620161,250173,290188,880

Insurance contracts taken out by tax advisors

Insurance2014201520162017
Compulsory insurance4,1573,9764,0183,618
Additional insurance8799521,0891,341
Surplus insurance269301243211
Subsidiary insurance8659091,0081,079
Criminal-fiscal insurance1,2431,2061,2561,396
Total of voluntary insurance3,2563,3683,5964,027
Share of voluntary insurance in total43.92%45.86%47.23%52.67%

Sums guaranteed from 11 March 1997 to 2 July 2002

Sum assuredRevenues
5,000 PLN0–50,000 PLN
10,000 PLN50,001–100,000 PLN
15,000 PLN100,001–150,000 PLN
20,000 PLN150,001–200,000 PLN
25,000 PLN200,001–250,000 PLN
30,000 PLN250,001–300,000 PLN
35,000 PLN> 300,000 PLN

Comparison of subject-matter

Basic protection from Kooperativa T&C - “occurrence of damage by...”Is such damage covered by insurance in Poland?
performance by the insured employeeYes
tax advice or representation of the clientYes
service of social and health insuranceYes
accounting activities, which are provided together with tax advisory servicesYes
advising on company transformation and liquidationYes
issuing of opinionsYes
conducting foreign litigationYes
representations before courtsYes
checks on the client’s legal status as regards accountsYes
imposing sanctions on the customerYes
further damage caused by the initial damageYes
incorrect application of the rulesYes
miscalculationsYes
failure to comply with the time limits set by law, court or authoritiesYes
carrying out free trade in services of an administrative and organisational nature that are performed jointly with tax consultancy servicesNot
violation of personal, legal and professional secrecy with an additional limit of up to 1,000,000 CZKYes (limit as for others up to 10,000 EUR)
a defect in the services provided, relating to non-compliance with international accounting standards (IAS, IFRS, SKIIFRIC, IASB, and ISA).Yes
the tax advisor’s activities as an employee towards his employerNot
fraud perpetrated by an employee, unless the insured was acting in concert with the employee, up to a limit of 100,000 CZK for basic insurance and up to a maximum of 5,000,000 CZK for extended packages.Yes
causing injury to a person (compensation, reimbursement of funeral expenses, payment for lost potential benefits, etc.)Yes
destruction, loss of or damage to propertyYes
causing the death of an animal or maiming it (payment for the lost potential benefit that the animal could have brought, reimbursement of medical expenses)Yes
causing damage to health - incurring paid medical expenses for the injured personYes
destruction of the property in which the tax advisory services are provided, insofar as there is an obligation to repair it (e.g. a lease agreement); this does not apply to property which belongs to the insured personOnly if it is the client’s property
a defect in the service providedYes
Legal expenses insuranceIs such damage covered by insurance in Poland?
the occurrence of the costs of the indemnity proceedings (if they were necessary to establish the insured’s obligation to pay the indemnity or the amount thereof), defence in criminal proceedings, and legal representation.Yes
Possible extension of protection from the T&C KooperativaIs such damage covered by insurance in Poland?
carrying out financial audits, financial auditsYes
accounting activities that are provided without tax adviceYes
preparation of financial expertise and business adviceYes
destruction or loss of items entrusted by the customer, e.g. theft (the limits for the loss of cash are 10,000 CZK and for the loss and destruction of other items 1,000,000 CZK)Yes
Improper performance of expert activitiesYes

Guarantee sum of compulsory liability insurance for tax advisors

YearValue in euro (EUR)Euro (EUR) – zloty (PLN) exchange rateValue in zloty (PLN)
200210,0003.549635,496
200310,0004.009540,095
200410,0004.708947,089
200510,0004.077840,778
200610,0003.861038,610
200710,0003.827938,279
200810,0003.597535,975
200910,0004.172141,721
201010,0004.092440,924
201110,0003.962239,622
201210,0004.464044,640
201310,0004.067140,671
201410,0004.163141,631
201510,0004.307843,078
201610,0004.293542,935
201710,0004.415744,157
201810,0004.170141,701
201910,0004.301643,016
202010,0004.257142,571
202110,0004.548545,485
202210,0004.588945,889
202310,0004.678446,784

Subject-matter coverage of compulsory liability insurance based on Kooperativa T&C, Kooperativa Professional Services T&C and ZPP P-600/14

Designation of the provisionDescription - “the creation of an injury by...”
Basic protection from the Kooperativa T&C
Article II(1.5)(a)performance by the insured employee
Article II(1.5)(b)tax advice or representation of the client
Article II(1.5)(c)service of social and health insurance
Article II(1.5)(d)accounting activities, which are provided together with tax advisory services
Article II(1.5)(e)advising on company transformation and liquidation
Article II(1.5)(f)issuing of opinions
Article II(1.5)(g)conducting foreign litigation
Article II(1.5)(h)representations before courts
Article II(1.5)(i)checks on the client’s legal status as regards accounts
Article II(1.5)(j)imposing sanctions on the customer
Article II(1.5)(k)further damage caused by the initial damage
Article II(1.5)(l)incorrect application of the rules
Article II(1.5)(m)miscalculations
Article II(1.5)(n)failure to comply with the time limits set by law, court or authorities
Article II(1.5)(o)carrying out free trade in services of an administrative and organisational nature that are performed with tax consultancy services
Article II(1.6)violation of personal, legal and professional secrecy with an additional limit of up to 1,000,000 CZK
Article II(1.7)a defect in the services provided, relating to non-compliance with international accounting standards
Article II(1.9)the tax advisor’s activities as an employee towards his employer
Article II(1.11)fraud perpetrated by an employee, unless the insured was acting in concert with the employee, up to a limit of 100,000 CZK for basic insurance and up to a maximum of 5,000,000 CZK for extended packages.
Primary protection with ZPP P-600/14
Article 1(2) a–ccausing injury to a person (compensation, reimbursement of funeral expenses, payment for lost potential benefits, etc.)
Article 1(3)(a–b)destruction, loss of or damage to property
Article 1(4)(a–b)causing the death of an animal or maiming it (payment for the lost potential benefit that the animal could have brought, reimbursement of medical expenses)
Article 1(5)(a–b)causing damage to health - incurring paid medical expenses for the injured person
Article 1(6)destruction of the property in which tax advice is provided, insofar as there is an obligation to repair it (e.g. a lease agreement); this does not apply to property which belongs to the insured person
Article 1(8)a defect in the service provided
Legal expenses insurance
Article II(7) of the Kooperativa T&C, Article 1(7) and 7 ZPP-600/14, Article 6 ZPP P-610/14the occurrence of the costs of the indemnity proceedings (if they were necessary to establish the insured’s obligation to pay the indemnity or the amount thereof), defence in criminal proceedings, and legal representation
Possible extension of protection from the Kooperativa T&C
Article II(2.1–2.2)carrying out financial audits, financial audits in accordance
Article II(2.3)accounting activities that are provided without tax advice
Article II(2.4)preparation of financial expertise and business advice
Article II(2.5)destruction or loss of items entrusted by the customer, e.g. theft (the limits for loss of cash are 10,000 CZK and for loss and destruction of other items 1,000,000 CZK)
Article II(2.6)Improper performance of expert activities, a limit of between 1,000,000 CZK and 10,000,000 CZK can be selected in this category
Exclusions from the subject matter from Kooperativa T&C
Article II(1.6)(a–b)damage caused by insult, defamation or sexual harassment and abuse
Article II(5)damage to the insured (however, this only applies to the tax advisor’s liability insurance, because this insurance is purchased in a package (group of insurance), which includes the repair of damage to the insured in its scope, as will be discussed below)
Article II(5)(b–c)incorrectly operating bank accounts and mistakes in bank transfers
Article II(5)(d–e)fraud done by the insured

Comparison of entities obliged to conclude an insurance contract

EntityIs there insurance obligation in Poland?Is there insurance obligation in the Czech Republic?
Tax Advisor providing services on his own name and for his own accountYesYes
Tax Advisor in partnershipYesYes
Professional organisations, cooperatives, associations and chambers of commerce whose statutory activity is tax adviceYesNo
Audit firmsYesNo
Limited liability companies, with the majority of board members being tax advisorsYesYes (tax advisory company)
Lawyers, legal advisors, and chartered accountants if they employ tax advisors and have not taken out professional indemnity insurance for their professionYesNo
Employee of a company that provides tax consultancy servicesNoYes
DOI: https://doi.org/10.2478/ceej-2023-0010 | Journal eISSN: 2543-6821 | Journal ISSN: 2544-9001
Language: English
Page range: 163 - 179
Published on: Jul 4, 2023
Published by: Faculty of Economic Sciences, University of Warsaw
In partnership with: Paradigm Publishing Services
Publication frequency: 1 issue per year

© 2023 Marcel Myśliński, published by Faculty of Economic Sciences, University of Warsaw
This work is licensed under the Creative Commons Attribution 4.0 License.