ARTICLE
1 August 2013

Tax Information Exchange Agreements Put To The Test

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Appleby

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Appleby is one of the world’s leading offshore law firms, operating in 10 highly regarded and well-regulated locations. We provide comprehensive, expert advice and services across a number of key practice areas. We work with our clients to achieve practical solutions whether from a single location or across multiple jurisdictions.
The recent case of Volaw Trust & Corporate Services Limited and Larsen v Comptroller of Taxes [2013] JRC 095 is the first case to decide on an appeal against a notice issued by the Comptroller of Income Tax under the Taxation Regulations 2008.
Jersey Tax

The recent case of Volaw Trust & Corporate Services Limited and Larsen v Comptroller of Taxes [2013] JRC 095 is the first case to decide on an appeal against a notice issued by the Comptroller of Income Tax under the Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008 (the "Regulations").

The notice was served against the backdrop of the Tax Information Exchange Agreement ("TIEA") between Jersey and Norway which had come into force on 7 October 2009.  The notice sought the production of specified documents in relation to the Norwegian tax affairs of Mr Larsen as held by a third party, Volaw Trust & Corporate Services Limited.

The Regulations give the Comptroller power to require production of tax information from third parties when he has "reasonable grounds for believing ... (a) that a tax payer may have failed to comply ... with a domestic law of a third country concerning tax; and (b) that any such failure has led, or is likely to lead to serious prejudice to the proper assessment or collection of tax."  "Tax information" has to be "foreseeably relevant to the administration and enforcement of the domestic laws of a third country."  The Comptroller must give the tax payer affected a written summary of the reasons behind his decision to issue a notice. Read more>

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