Taxation (Implementation) (Convention on Mutual Administrative Assistance in Tax Matters) (Jersey) Regulations 2014


Published: 2015-01-01

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Taxation (Implementation) (Convention on Mutual Administrative Assistance in Tax Matters) (Jersey) Regulations 2014

Revised Edition

17.850.13

Showing the law as at 1 January 2015

This is a revised edition of the law

Taxation (Implementation) (Convention on Mutual Administrative Assistance in Tax Matters) (Jersey) Regulations 2014

Arrangement

Regulation

1            Interpretation

2            Exchange of information on request

3            Parties to the Convention

4            Citation

SCHEDULE

list of parties to the convention

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Taxation (Implementation) (Convention on Mutual Administrative Assistance in Tax Matters) (Jersey) Regulations 2014

THE STATES, in pursuance of Article 2 of the Taxation (Implementation) (Jersey) Law 2004[1] and following the decision of the States, taken on the day these Regulations are made, to adopt P.154 of 2013, have made the following Regulations –

Commencement [see endnotes]

1      Interpretation

(1)    In these Regulations, unless the context otherwise requires –

“Convention” means the Convention on Mutual Administrative Assistance in Tax Matters done in Strasbourg on 25th January 1988 as amended by the Protocol done in Paris on 27th May 2010, signed on behalf of the United Kingdom and as extended to Jersey;

“Jersey competent authority” means the Minister for Treasury and Resources or his or her authorized representative;

“requesting Party” means a Party to the Convention who requests the Jersey competent authority for tax information concerning particular persons or transactions and “request” shall be construed accordingly;

“tax information” means information that is foreseeably relevant to the administration or enforcement of the domestic laws of the requesting Party concerning any tax described in Article 2(1)(a) of the Convention and listed in Annex A to the Convention as being a tax of the requesting Party, including information that is foreseeably relevant to –

(a)     the determination, assessment and collection of such a tax;

(b)     the recovery and enforcement of such a tax;

(c)     the recovery and enforcement of tax claims; or

(d)     the investigation or prosecution of tax matters.

(2)    Tax information may be –

(a)     information within an individual’s knowledge or belief; or

(b)     information recorded in a document or any other record in any format, that a person has in his or her possession, custody or control.

2      Exchange of information on request

Where the Jersey competent authority has received a request from a requesting party, Regulations 2 to 16 and Regulation 16B of the Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008[2] shall, to the extent applicable and with any necessary modifications, apply in respect of the request as if references to –

(a)     “request” were to a request by a requesting Party;

(b)     “tax”, were to a tax described in Article 2(1) (a) of the Convention and listed in Annex A of the Convention in respect of the requesting Party and “tax information” were construed accordingly;

(c)     “taxpayer”, where applicable, were to a transaction;

(d)     “tax information exchange agreement” were to the Convention;

(e)     “third country” were to a requesting Party.

3      Parties to the Convention

(1)    The Schedule specifies –

(a)     the Parties to the Convention in respect of whom the Convention is in force; and

(b)     the date of entry into force of the Convention in respect of each such Party.

(2)    The Minister shall, by Order, amend the Schedule so as to add further Parties in respect of whom the Convention enters into force and the dates of such entering into force.

4      Citation

These Regulations may be cited as the Taxation (Implementation) (Convention on Mutual Administrative Assistance in Tax Matters) (Jersey) Regulations 2014.



SCHEDULE[3]

(Regulation 3)

list of parties to the convention



PARTY TO THE CONVENTION



DATE OF ENTRY INTO FORCE OF CONVENTION IN RESPECT OF CONVENTION PARTY



Albania



1st December 2013



Anguilla



1st March 2014



Argentina



1st January 2013



Aruba



1st September 2013



Australia



1st December 2012



Austria



1st December 2014



Belize



1st September 2013



Bermuda



1st March 2014



British Virgin Islands



1st March 2014



Canada



1st March 2014



Cayman Islands



1st January 2014



Columbia



1st July 2014



Costa Rica



1st August 2013



Croatia



1st June 2014



Curaçao



1st September 2013



Czech Republic



1st February 2014



Denmark



1st June 2011



Estonia



1st November 2014



Faroe Islands



1st June 2011



Finland



1st June 2011



France



1st April 2012



Georgia



1st June 2011



Ghana



1st September 2013



Gibraltar



1st March 2014



Greece



1st September 2013



Greenland



1st June 2011



Guernsey



1st August 2008



Iceland



1st February 2012



India



1st June 2012



Ireland



1st September 2013



Isle of Man



1st March 2014



Italy



1st May 2012



Japan



1st October 2013



Jersey



1st June 2014



Korea



1st July 2012



Latvia



1st November 2014



Lithuania



1st June 2014



Luxembourg



1st November 2014



Malta



1st September 2013



Mexico



1st September 2012



Moldova



1st March 2012



Montserrat



1st October 2013



Netherlands



1st September 2013



New Zealand



1st March 2014



Norway



1st June 2011



Poland



1st October 2011



Romania



1st November 2014



Sint Maarten



1st September 2013



Slovak Republic



1st March 2014



Slovenia



1st June 2011



South Africa



1st March 2014



Spain



1st January 2013



Sweden



1st September 2011



Tunisia



1st February 2014



Turks and Caicos



1st December 2013



Ukraine



1st September 2013



United Kingdom



1st October 2011



Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Taxation (Implementation) (Convention on Mutual Administrative Assistance in Tax Matters) (Jersey) Regulations 2014



R&O.7/2014



1 June 2014



Taxation (Implementation) (Convention on Mutual Administrative Assistance in Tax Matters) (Amendment of Regulations No. 1) (Jersey) Order 2014



R&O.66/2014



17 June 2014



Taxation (Implementation) (Miscellaneous Provisions) (Jersey) Order 2014



R&O.210/2014



18 December 2014



Table of Renumbered Provisions



Original



Current



None



 



Table of Endnote References



[1]



chapter 17.850



[2]



chapter 17.850.30



[3] Schedule



amended by R&O.66/2014, R&O.210/2014

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