Taxation
(Agreements with European Union Member States) (Suspension of Regulations)
(Jersey) Order 2016
THE MINISTER FOR
EXTERNAL RELATIONS, in pursuance of Regulation 3(2) of the Taxation (Agreements with
European Union Member States) (Jersey) Regulations 2005[1], and having received notice of
termination or suspension of the agreements to which those Regulations apply by
way of the publication of Council Directive (EU) 2015/2060 of 10 November 2015
repealing Directive 2003/48/EC, orders as follows –
Commencement
[see endnotes]
1 Interpretation
In this Order, “Regulations” means the Taxation
(Agreements with European Union Member States) (Jersey) Regulations 2005[2], and reference to a Regulation
by number and without more is to the Regulation of that number in the
Regulations.
2 Regulations
suspended
(1) The
operation of the Regulations is suspended from 18th January 2016 –
(a) in
relation to the implementation of agreements between Jersey and all contracting
parties other than Austria;
(b) subject
to paragraphs (2) to (4), and Article 3.
(2) The
suspension of the Regulations by paragraph (1) shall not
prevent –
(a) Regulation 3
from continuing in effect for the purpose of making Orders under that
Regulation;
(b) Regulation 14
from continuing in effect for the purpose of enabling the Comptroller of Taxes
to allow tax withheld –
(i) in a contracting
party pursuant to an agreement implemented by the Regulations under
Regulation 2(1) and Schedule 1,
(ii) before
1st January 2017,
as a credit against income tax payable by the beneficial owner as
provided by Regulation 14(2); nor
(c) Regulations 15
and 16 from continuing in effect for the purpose of prosecuting offences
under the Regulations.
(3) The
obligations imposed –
(a) on
an economic operator established in Jersey, by Regulation 6(4); and
(b) on
the Comptroller of Taxes, by Regulation 6(5),
shall continue to apply until 5th October 2016 or (if
later) until those obligations have been fulfilled, and the provisions of
Regulation 6 apart from those mentioned in sub-paragraphs (a)
and (b) shall continue in effect for the purpose of fulfilment of those
obligations, for the same period.
(4) The
obligations imposed –
(a) on
a Jersey paying agent by Regulations 7, 8, 9(1), (3) and (4), 11(2), and
12A; and
(b) on
the Comptroller of Taxes, by Regulation 13(1) to (6),
shall continue to apply until 5th October 2016 or (if
later) until those obligations have been fulfilled, and the remaining
provisions of the Regulations mentioned in sub-paragraphs (a) and (b) and
Regulations 10, 12 and 12B shall continue in effect for the purpose of
fulfilment of those obligations, for the same period.
3 Special provision in relation to the agreement with Austria
The Regulations shall
continue in effect until 31st December 2016 for the purpose of
implementation of the agreement with Austria.
4 Citation
This Order may be cited as the Taxation (Agreements with European
Member States) (Suspension of Regulations) (Jersey) Order 2016.