On 3rd July 2018, Jersey's Minister for External Relations, Senator Ian Gorst, finalised a new double taxation agreement with the UK government.
Double taxation treaties are agreements between two countries that are designed to:
- help determine the tax residency status of a person or a company
- protect against the risk of double taxation where the same income is taxable in two countries; and
- provide certainty of treatment for cross-border trade and investment
DTAs protect Jersey’s taxing rights and guard against attempts to avoid or evade tax. They also allow Jersey to exchange information with the tax authorities of other countries. Jersey has around 10 full DTAs with other countries, and 12 partial double taxation agreements. There are currently negotiations with a number of other countries so the number is expected to grow.
The formal process, known as an exchange of letters, took place in London in a meeting with the Financial Secretary to HM Treasury.
This new Double Taxation Agreement (DTA) replaces an existing agreement from 1952. While the old agreement worked satisfactorily for both parties, it is not aligned with the current OECD Model DTA Convention standard. Jersey is committed to adopting and complying with the leading OECD standards.
Senator Gorst commented:
“There are two very important reasons why a new DTA is required. First, the avoidance of double taxation is of great importance given the close corporate and individual relationships that exists between Jersey and the UK. I expect this relationship will be further enhanced when the UK withdraws from the EU.
“Second, by entering this agreement, we emphasise that we are fully committed to compliance with the international tax standards set by the OECD.
“On both counts the Government of Jersey are pleased with the outcome of the negotiation of the new DTA, and I would like to express our appreciation to UK tax officials for the constructive, positive and helpful working relationship we have enjoyed.”
The exchange of letters, the DTA and an accompanying Protocol will be presented to the States Assembly for ratification. It is expected that the new DTA will come into force at the beginning of 2019.
For more information and a list of countries with whom Jersey has full or partial DTAs please go to https://www.gov.je/taxesmoney/internationaltaxagreements/doubletaxation/Pages/index.aspx