Taxation (Implementation) (Jersey) Law 2004


Taxation (Implementation) (Jersey) Law 2004

A LAW enabling the States to make Regulations implementing agreements with, and obligations owed to, the governments of other countries and territories regarding or relating to taxation, and for connected purposes.

Adopted by the States                                                      7th July 2004

Sanctioned by Order of Her Majesty in Council    13th October 2004

Registered by the Royal Court                                29th October 2004

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Interpretation

In this Law –

approved agreement” means an agreement regarding or relating to taxation which the States have authorized to be signed on their behalf with the government of another country or territory;

“approved obligation” means an obligation regarding or relating to taxation which the States have authorized to be signed or assented to on their behalf;

tax officer” means the Comptroller of Income Tax or any officer appointed under Article 8 of the Income Tax (Jersey) Law 1961;[1]

taxation” means taxation in Jersey and –

(a)     in relation to an approved agreement, taxation in the country or territory with whose government the agreement is signed;

(b)     in relation to an approved obligation, taxation in a country or territory to which the obligation is owed.

2        Power to implement

(1)     The States may by Regulations make such provision as appears to them to be necessary or expedient for the purposes of –

(a)     implementing an approved agreement or approved obligation; and

(b)     dealing with matters arising out of or related to such an agreement or obligation.

(2)     Regulations made under paragraph (1) may –

(a)     amend any other enactment; and

(b)     make any other provision, of any extent, as might be made by a Law passed by the States.

(3)     Without prejudice to the generality of paragraphs (1) and (2), Regulations made under paragraph (1) may contain such incidental, supplemental, transitional and saving provisions as the States consider expedient.

3        Limitation on repayments

Save as expressly provided in Regulations made under Article 2, no claim for repayment of any monies remitted to the Comptroller of Income Tax pursuant to such Regulations shall be allowed.

4        Information

(1)     No specific or general restriction on the disclosure of information imposed by any enactment or contract or otherwise shall prevent the disclosure of information to the competent authority of another country or territory pursuant to an approved agreement or approved obligation, or Regulations made under Article 2.

(2)     The reference in paragraph (1) to the competent authority of another country or territory is a reference to the authority designated in or for the purposes of an approved agreement or approved obligation as the competent authority of that country or territory.

5        Liability of tax officer

A tax officer shall not be liable in damages for anything done or omitted in the discharge of any functions under any approved agreement or approved obligation, or Regulations made under Article 2, unless it is shown that the act or omission was in bad faith.

6        Citation and commencement

This Law may be cited as the Taxation (Implementation) (Jersey) Law 2004 and shall come into force on the seventh day following its registration.

A.H. HARRIS

Deputy Greffier of the States.

 


 



[1] Volume 1961-1962, page 201.


Page Last Updated: 04 Jun 2015