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

Regulation

1                 Interpretation. 3

2                 Exchange of information on request 4

3                 Parties to the Convention. 4

4                 Citation and commencement 4

list of parties to the convention   5

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

Made                                                                     23rd January 2014

Coming into force                              in accordance with Regulation 4

1        Interpretation

(1)     In this Law, 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 and commencement

These Regulations may be cited as the Taxation (Implementation) (Convention on Mutual Administrative Assistance in Tax Matters) (Jersey) Regulations 2014 and shall come into force on the date that the Convention enters into force in respect of Jersey.

l.-m. hart

Assistant Greffier of the States

SCHEDULE

(Regulation 3)

list of parties to the convention