Taxation (Implementation)
(Convention on Mutual Administrative Assistance in Tax Matters) (Jersey)
Regulations 2014
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”
has the meaning given in Regulation 1A.[1]
(2) [2]
1A Tax
information[3]
(1) For
the purposes of these Regulations “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 or assessment of the liability of person to such taxes;
(b) the
determination, assessment and collection of such taxes;
(c) the
recovery and enforcement of such taxes;
(d) the
recovery and enforcement of tax claims; or
(e) the
investigation or prosecution of tax matters.
(2) Information
is foreseeably relevant to the administration or enforcement of the domestic
laws of a requesting Party –
(a) if
there are reasonable grounds to believe that there is sufficient connection
between the person who is the subject of the request and the domestic laws of the
requesting Party and that there is a reasonable possibility those laws may
apply to the person; and
(b) regardless
of whether there are matters that are still to be determined by the requesting
Party in respect of the person’s liability to tax.
(3) When
determining whether information is foreseeably relevant regard must be had to
the Model Tax Convention on Income and on Capital: Condensed Version (including
the commentary), as updated from time to time, published by the Organisation
for Economic Cooperation and Development.
(4) 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 their
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 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.