Double Taxation Relief (Taxes on Income) (Jersey) Order 2024

S.I. No. 484/2024 - Double Taxation Relief (Taxes on Income) (Jersey) Order 2024 Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 20 th September, 2024. WHEREAS it is enacted by section 826 (1B) of the Taxes Consolidation Act 1997 (No. 39 of 1997) that where the Government by order declare that the arrangements specified in the order have been made with the government of any territory outside the State in relation to – (i) exchanging information for the purposes of the prevention and detection of tax evasion in the case of taxes of any kind or description imposed by the laws of the State or by the laws of that territory, (ii) such other matters relating to affording relief from double taxation as the Government consider appropriate, and that it is expedient that those arrangements should have the force of law, and the order so made is referred to in Part 3 of Schedule 24A of the Taxes Consolidation Act 1997 , then subject to section 826 of that Act, the arrangements shall, notwithstanding anything in any enactment, have the force of law as if such order were an Act of the Oireachtas on and from the date of the insertion of a reference to the order into Part 3 of Schedule 24A; AND WHEREAS it is further enacted by section 826 (6) of the Taxes Consolidation Act 1997 that where such an order is proposed to be made, a draft of the order shall be laid before Dáil Éireann and the order shall not be made until a resolution approving of the draft has been passed by Dáil Éireann: AND WHEREAS a draft of the following Order has been laid before Dáil Éireann and a resolution approving of the draft has been passed by Dáil Éireann: NOW, the Government, in exercise of the powers conferred on them by section 826 (1B) of the Taxes Consolidation Act 1997 , hereby order as follows: 1. This Order may be cited as the Double Taxation Relief (Taxes on Income) (Jersey) Order 2024. 2. It is declared – (a) that the arrangements specified in the Protocol, the text of which is set out in the Schedule, have been made with the Government of Jersey in relation to matters relating to affording relief from double taxation considered appropriate by the Government, and (b) that it is expedient that those arrangements should have the force of law. PROTOCOL BETWEEN IRELAND AND JERSEY AMENDING THE AGREEMENT OF 26 MARCH 2009 FOR AFFORDING RELIEF FROM DOUBLE TAXATION WITH RESPECT TO CERTAIN INCOME OF INDIVIDUALS AND ESTABLISHING A MUTUAL AGREEMENT PROCEDURE IN CONNECTION WITH THE ADJUSTMENT OF PROFITS OF ASSOCIATED ENTERPRISES The Government of Ireland and the Government of Jersey; Desiring to conclude a Protocol to amend the Agreement between Ireland and Jersey for Affording Relief from Double Taxation with respect to Certain Income of Individuals and Establishing a Mutual Agreement procedure in Connection with the Adjustment of Profits of Associated Enterprises signed on 26 March 2009; Have agreed as follows: ARTICLE 1 The Preamble to the Agreement shall be deleted and replaced by the following Preamble: “The Government of Ireland and the Government of Jersey, recognising that the two Governments have concluded an Agreement for the Exchange of Information Relating to Tax Matters; Desiring to conclude an Agreement for affording relief from double taxation with respect to certain income of individuals and establishing a mutual agreement procedure in connection with the adjustment of profits of associated enterprises; Intending to eliminate double taxation with respect to the taxes covered by this agreement without creating opportunities for non-taxation or reduced taxation through tax evasion or avoidance (including through treaty-shopping arrangements aimed at obtaining reliefs provided in this agreement for the indirect benefit of residents of third jurisdictions), Have agreed as follows:”. ARTICLE 2 Sub-paragraphs (a) and (b) of paragraph 1 of Article 3 (DEFINITIONS) shall be deleted and replaced by the following: “(a) “Jersey” means the Bailiwick of Jersey, and includes the territorial sea adjacent to the islands of Jersey, to which the laws of Jersey extend; (b) “Ireland” includes any area outside the territorial seas of Ireland which has been or may hereafter be designated, under the laws of Ireland concerning the Exclusive Economic Zone and the Continental Shelf, as an area within which Ireland may exercise such sovereign rights and jurisdiction as are in conformity with international law;”. ARTICLE 3 Paragraphs 1 and 2 of Article 9 (MUTUAL AGREEMENT PROCEDURE) of the Agreement shall be deleted and replaced by the following: “1. Where a person considers that the actions of one or both of the Parties result or will result for him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies provided by the domestic law of those Parties, present his case to the competent authority of either Party. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Agreement. 2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Party, with a view to the avoidance of taxation which is not in accordance with the Agreement. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Parties.”. ARTICLE 4 The following new Article 9A (ENTITLEMENT TO BENEFITS) shall be inserted after Article 9 (MUTUTAL AGREEMENT PROCEDURE) of the Agreement as follows: “ARTICLE 9A ENTITLEMENT TO BENEFITS ARTICLE 5 1. Each of the Parties shall notify to the other in writing the completion of the procedures required by its law for the bringing into force of this Protocol. 2. This Protocol shall enter into force on the date of the later of these notifications, and its provisions shall have effect for tax years beginning on or after the first day of January in the calendar year following the year of the entry into force of this Protocol. In witness whereof the undersigned, duly authorised thereto, have signed this Protocol. Done in duplicate at Dublin on this 23 day of November 2023. For the Government of Ireland: Michael McGrath TD Minister for Finance For the Government of Jersey: Deputy Ian Gorst Minister for Treasury and Resources and Assistant Minister for External Relations GIVEN under the Official Seal of the Government, 18 September, 2024. SIMON HARRIS,