Tax information exchange agreements in Jersey

A tax information exchange agreement (TIEA) is an agreement between two jurisdictions that sets the basis for co-operation between those jurisdictions by way of mutual exchange of information to assist both civil and criminal tax investigations. Jersey has approximately 30 currently in force, with more in various stages of negotiation and agreement.

In Jersey, there has been two reported challenges to the Royal Court to date against notices issued pursuant to TIEAs, namely the cases of Volaw Trust & Corporate Services Ltd and Mr B Larsen v The Office of the Comptroller of Taxes [2013] JRC 095 (Larsen) and APEF Management Company 5 Ltd v The Comptroller of Taxes [2013] JRC 262 (APEF). The current tally is a dead heat, with the Larsen challenge being unsuccessful (although subject to appeal) and the APEF appeal being a success, with the relevant notice being set aside.

The TIEAs entered into by Jersey are based on a model agreement produced by the Organisation for Economic Co-operation and Development (OECD) and came about as a result of a commitment by the states of Jersey to meet a series of commitments put forward by the OECD as part of its initiative on ‘harmful tax competition’…

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