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Ratification of the Agreement between the Government of Jersey and the States of Guernsey for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income.

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STATES OF JERSEY

RATIFICATION OF THE AGREEMENT BETWEEN THE GOVERNMENT OF JERSEY AND THE STATES OF GUERNSEY FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME

Lodged au Greffe on 3rd April 2013 by the Chief Minister

STATES GREFFE

2013   Price code: C  P.47

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to ratify the Agreement between the Government of Jersey and the States of Guernsey for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, as set out in Appendix 1 to the report of the Chief Minister dated 15th March 2013.

CHIEF MINISTER

REPORT

  1. In February 2002, Jersey entered into a political commitment to support the OECD tax initiative on transparency and information exchange through the negotiation of tax information exchange agreements to an agreed international standard.
  2. In  September  2009,  the  Global  Forum  on  Transparency  and  Information Exchange for Tax Purposes, a body of which some 120 jurisdictions are now members,  agreed  a  peer  review  process  to  assess  compliance  with  the international standard. To oversee this process, a peer review group was set up chaired  by  France  with  4 Vice-Chairs  from  India,  Japan,  Jersey  and Singapore.
  3. Successive G20 summits have encouraged jurisdictions to make progress in agreeing, implementing and abiding by the necessary international agreements for  information  exchange.  In  response,  Jersey  has  maintained  an  active programme  of  negotiating  agreements  with  EU,  OECD  and  G20 member jurisdictions. This has served to enhance the Island's international personality, and generally has helped to engender a more favourable view of the Island amongst the international community.
  4. There  are  occasions  when  an  approach  is  made  to or  received  from  a jurisdiction that is not an EU, OECD or G20 member, expressing a wish to enter  into  the  negotiation  of  a  tax  information  exchange  agreement.  In accordance with the terms of reference of the peer review process set by the Global  Forum,  jurisdictions  are  required  to enter  into  a  tax  information exchange agreement with any jurisdiction that considers itself to be a relevant partner.  The views  of  the  finance  industry  on  the  extent  to which  a  tax agreement with the jurisdiction concerned would be supportive of business development  are  also  taken  into  account  when  deciding  what  degree  of priority to attach to the negotiations.
  5. The international tax information exchange standard can be met through either a Tax Information Exchange Agreement (TIEA) or a Double Tax Agreement (DTA). The advantage of a DTA is that it offers benefits to individuals and the business community through the avoidance of double taxation or reduced rates of withholding tax, in addition to providing for exchange of information to the international standard. However, the majority of jurisdictions with whom the Island  has  sought  to  negotiate  an  agreement  have  not  been  prepared  to consider a DTA on the grounds that they would derive little, if any, benefit from such an agreement because Jersey is a zero tax jurisdiction.
  6. The latest position in respect of the programme of negotiating tax agreements in attached as Appendix 2 to this report. A total of 31 TIEAs and 7 DTAs have now  been  signed,  of  which  24 TIEAs  and  3 DTAs  are  in force.  Almost without exception, the delay in bringing agreements into force is due to the length of time taken by the other parties to the agreements to complete their domestic procedures for the ratification of the agreements.
  7. As a Vice-Chair of the Global Forum Peer Review Group, Jersey has been determined to lead by example, and has attached particular importance to entering into agreements with the EU, OECD and G20 member jurisdictions.

Agreements have been signed, or negotiations have been completed or are well  advanced,  with  25  of  the  27 EU member states,  33  of  the  34 ECD members, and 17 of the 19 G20 countries (the 20th member of the G20 is the European Union).

  1. Jersey is party to the peer review process of assessment of compliance with the  international  standards,  and  a  report  of  the  assessment  of Jersey  was published at the end of October 2011. The review concluded that Jersey's domestic laws provide a satisfactory framework for the exchange of relevant information. The assessors said: "overall, this review of Jersey identifies a legal  and  regulatory  framework  for  the  exchange  of  information  which generally functions effectively to ensure that the required information will be available  and  accessible...  Jersey  practices  to date  have  demonstrated  a responsive and co-operative approach".

The Agreement with the States of Guernsey

  1. The Agreement entered into with the States of Guernsey ("the Agreement") is a continuation of the ongoing programme of entering into tax agreements to the international standard. Jersey and Guernsey have had an Arrangement for Double Taxation Relief since 1956. However, this is not to the international standard, and the report on the Global Forum assessment of Jersey included the  following  recommendation:  "Jersey  should  work  with  Guernsey  and ensure  that  it  has  in place  an  agreement  which  includes  exchange  of information provisions in line with the international standard".
  2. The Agreement is attached as Appendix 1 to this report. The Agreement isin line with the OECD Model Tax Convention, and provides for the avoidance of double taxation to facilitate exchange of goods and services and movement of capital,  technology  and  people.  The Agreement  also  makes  provision  for information exchange to the agreed international standard.
  3. The finance industry was consulted, and the signing of the Agreement is seen as a significant step in further strengthening the close political and business relationship with Guernsey.

Procedure for signing and ratifying the Agreement

  1. The Agreement was signed on 24th January 2013 by the Assistant Chief Minister with responsibility for External Relations in accordance with the provisions  of  Article 18(2)  of  the  States  of  Jersey  Law  2005  and paragraph 1.8.5 of the Strategic Plan 2006 – 2011 adopted by the States on 28th June 2006. The Council of Ministers authorised the Chief Minister to delegate the Assistant Chief Minister to sign on behalf of the Government of Jersey.
  2. The Agreement is now being presented to the States for ratification, following which it will be published and entered into the official record. The Agreement will enter into force when the domestic procedures of both parties have been completed.
  1. The States,  on  15th  June  2010,  adopted  the  Taxation  (Double  Taxation) (Jersey)  Regulations  2010.  The  Schedule  to  these  Regulations  lists  the countries with whom Double Tax Agreements have been entered into. The necessary  Regulations  to provide  for  the  inclusion  of  Guernsey  in the Schedule will be presented to the States for adoption immediately following the adoption of the ratification proposition.

Financial and manpower implications

  1. There are no implications expected for the financial and manpower resources of  the  States  arising  from  the  ratification  and  implementation  of  the Agreement.

15th March 2013

APPENDIX 1

APPENDIX 2

STATES OF JERSEY

  1. TAX INFORMATION EXCHANGE AGREEMENTS (TIEAs)
  1. TIEAs signed

 

Countries

Date Signed

Ratified by

Ratified by

Entry into Force

 

 

Jersey

other Party

 

U.S.A.

Nov. 2002

May 2006

Nov. 2002

23rd May 2006

Netherlands

June 2007

Feb. 2008

Dec. 2007

1st March 2008

Germany

July 2008

Jan. 2009

July 2009

28th Aug. 2009

Sweden

Oct. 2008

March 2009

Nov. 2009

23rd Dec. 2009

Norway

Oct. 2008

March 2009

Sep. 2009

7th Oct. 2009

Iceland

Oct. 2008

March 2009

Oct. 2009

3rd Dec. 2009

Finland

Oct. 2008

March 2009

Dec. 2008

3rd Aug. 2009

Denmark

Oct. 2008

March 2009

March 2009

6th June 2009

Greenland

Oct. 2008

March 2009

March 2009

6th June 2009

Faroes

Oct. 2008

March 2009

June 2009

21st Aug. 2009

U.K.

March 2009

July 2009

Nov. 2009

27th Nov. 2009

France

March 2009

July 2009

July 2010

11th Oct. 2010

Ireland

March 2009

July 2009

April 2010

5th May 2010

Australia

June 2009

Nov. 2009

January 2010

5th Jan. 2010

New Zealand

July 2009

Nov. 2009

Sep. 2010

27th Oct. 2010

Portugal

July 2010

Sep. 2010

March 2011

9th Nov. 2011

People's Republic of China

Oct. 2010

Jan. 2011

Oct. 2011

10th Nov. 2011

Turkey

Nov. 2010

Feb. 2011

(1st half 2013)

(1st half 2013)

Mexico

Nov. 2010

Feb. 2011

Feb. 2012

22nd March 2012

Canada

Jan. 2011

March 2011

Dec. 2011

19th Dec. 2011

Indonesia

April 2011

July 2011

(1st half 2013)

(1st half 2013)

Czech Republic

July 2011

Nov. 2011

March 2012

14th March 2012

South Africa

July 2011

Nov. 2011

Jan. 2012

29th Feb. 2012

Argentina

July 2011

Sep. 2011

July 2011

9th Dec. 2011

India

Nov. 2011

April 2012

Jan. 2012

8th May 2012

Japan

Dec. 2011

April 2012

(1st half 2013)

(1st half 2013)

Poland

Dec. 2011

April 2012

August 2012

1st Nov. 2012

Italy

March 2012

May 2012

(1st half 2013)

(1st half 2013)

Austria

Sep. 2012

Nov. 2012

March 2013

1st June 2013

Latvia

Jan. 2013

March 2013

(2nd half 2013)

(2nd half 2013)

Brazil

Jan. 2013

March 2013

(2nd half 2013)

(2nd half 2013)

Note: dates in brackets are the expected dates based on latest information from the country concerned.

  1. TIEAs initialled or agreed ready for signing:
  • Greece
  • Republic of Korea
  • Spain
  1. TIEAs  where  negotiations  are  well  advanced  with  a  draft  agreement exchanged:
  • Belgium
  • Chile
  • Hungary
  • Kenya
  • Lithuania
  • Romania
  • Slovakia
  • Slovenia
  • Switzerland
  1. Jurisdictions contacted from which there has been a positive response and/or initial action has been taken:
  • Bulgaria
  • Cyprus
  • Saudi Arabia
  1. Jurisdictions approached but from whom a formal response is awaited:
  • G20 Member States:

– Russia

  1. DOUBLE TAXATION AGREEMENTS (DTAs)
  1. DTAs signed:
  • Malta –

signed January 2010

ratified by Malta February 2010 ratified by Jersey June 2010

in force – 19th July 2010

  • Estonia –

signed December 2010

ratified by Jersey March 2011 ratified by Estonia December 2011 in force – 30th December 2011

  • Hong Kong China –

signed February 2012

ratified by Jersey May 2012

  • Qatar –

signed March 2012

ratified by Jersey May 2012 ratified by Qatar November 2012 in force – 22nd November 2012

  • Singapore –

signed October 2012

ratified by Jersey January 2013

  • Guernsey – signed January 2013
  • Isle of Man – signed January 2013
  1. DTAs initialled or agreed ready for signing:
  • Luxembourg
  1. DTAs where negotiations have been initiated/draft agreements have been exchanged:
  • Bahrain
  • Belgium
  • Seychelles

Enquiries concerning the above should be directed in the first instance to the Adviser –  International  Affairs,  in  the  Chief  Minister's  Department; tel. 44(0)1534 440414; e-mail: c.powell@gov.je  

Adviser – International Affairs 20th March 2013

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