Company winding up and migration

Completing the winding up / migration form

In advance of a company winding up, merging, or migrating out of Jersey, a company may wish to seek confirmation from the Comptroller of Revenue ("the Comptroller") that their tax obligations in Jersey have been met. In order to deal with such requests efficiently, companies are asked to complete a winding up / migration form.

The winding up / migration form can be accessed from the Taxes Office Online Services ("TOOS") and is available to companies with a tax agent as part of the tax agent's normal user services.

If the company does not have a tax agent, Revenue Jersey can add the winding up / migration form to TOOS, email us to arrange this.

Once you have logged into TOOS you can select the winding up / migration form from the list of forms that are available in the drop down option.

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On receipt of the winding up / migration form Revenue Jersey will review the company's tax records to ensure that it has met its tax obligations.

If this is the case then the Comptroller will issue a letter to the company to confirm that, based on the information provided in the form, the tax affairs are substantially in order and that he has no objections to the winding up / migration of the company.

Winding up / migration form guidance

Entity details
Entity name Tax reference Tax Identification Number (TIN) Agent / Email Registered office	This information will be pre-populated from the records held by Revenue Jersey. If you believe any information is incorrect you should amend as appropriate and make a note of the change(s) made in the box at the bottom of the form for further information. If the registered office is blank please enter details as appropriate (the registered office may be blank in the case of foreign incorporated companies).
Jersey address (if different)	Entities with registered offices outside the Island should provide the address of the entity in Jersey.
Agent / Liquidator	Enter details of the name of the agent/liquidator who is submitting the report.
Intended date	Enter the intended date on which the entity will be wound up or migrated out of Jersey. If the intended date of liquidation is more than 2 months from the date the form is submitted please add further details of why the form is being submitted at this time in the box at the bottom of the form for further information.
Is a consent letter required?	Select 'Yes' and Revenue Jersey will review the company's tax records to ensure that it has met its tax obligations. If this is the case the Comptroller will issue a consent / no objection letter to confirm Revenue Jersey has no objection to the winding up / migration of the company. Select 'No' and Revenue Jersey will review the company's tax records however a consent / no objection letter will not be issued.
Reason for completing this form?	Select the appropriate response from the drop down options. Entity is winding up Jersey incorporated entity is migrating out of Jersey Foreign incorporated entity is moving management and control out of Jersey Entity is merging with one or more other entities

Are all returns and accounts up to date?
Income Tax	Select the appropriate response from the drop down options. Select 'Yes' if the tax returns for all years of assessment have been filed with Revenue Jersey (this includes the tax return for the year of assessment immediately preceding the current year of assessment). Select 'No' if all the tax returns have not been filed with Revenue Jersey or you are uncertain as to whether or not all the tax returns have been filed.
GST	Select the appropriate response from the drop down options. Select 'Yes' if the entity is registered for GST and all the returns have been filed with Revenue Jersey (up to and including the quarter which has ended immediately preceding the date on which the form is completed). Select 'No' if the entity is registered for GST and all the returns have not been filed with Revenue Jersey or you are uncertain as to whether or not all the returns have been filed. Select 'ISE' if the entity is registered as an international service entity for the current year of assessment. Select 'N/A' if the entity is not registered for GST or registered as an international service entity.
Employer returns	Select the appropriate response from the drop down options. Select 'Yes' if the entity has been required to register as an employer or building contractor under Article 19A of the Income Tax (Jersey) Law 1961 (“the ITL”) and has filed all the returns in accordance with Article 20 or Article 20A of the ITL. Select 'No' if the entity has been required to register as an employer or building contractor but has not filed all the returns in accordance with Article 20 or Article 20A of the ITL or you are uncertain as to whether or not these returns have been filed. Select 'N/A' if the entity has not been required to register as an employer or building contractor.
Are management accounts for the period up to the present provided?	Select the appropriate response from the drop down options. Select 'Yes' if the management accounts for the period from the date on which the last financial statements were prepared up to the present date are being provided. Also select 'Yes' if there are any complete accounts for a financial period which ended in the current year of assessment which are being provided. A PDF copy of the complete financial statements and/or management accounts should be attached to the form. Select 'No' if the management accounts are not being provided. You can provide further information as to why the management accounts are not being provided in the box at the bottom of the form for further information.

Distributions
Have distributions been, or intended to be, made in this period?	Select the appropriate response from the drop down options. Select 'Yes' if the entity has made distributions in the widest sense including in specie dividends for the period from the end of the last complete financial period of the entity to the present date. Or if it intends to make any distributions before winding up/migration. (The distribution section will also need to be completed.) Select 'No' if the entity has not made any distributions in this period and does not intend to make any distributions before winding up/migration.
Total distributions	Enter the financial value (or estimate) of all distributions to any person in the period up to the winding up/migration of the entity.
Jersey residents receiving distributions (including shareholder loans written off). If no Jersey residents receives distributions then enter 'None'.	Where a Jersey resident receives a distribution enter the following in the appropriate box: the name of the person the TIN (if known) the distribution value (or estimate) of the distribution taxable under Case III exempt, Case III or Case IX If more than one person receives a distribution click on 'Add Distribution'. Where no Jersey resident receives a distribution then enter 'None' in the box under the heading 'Name or None'.

Economic substance
Does the company conduct a relevant activity for economic substance?	The entity needs to consider if it conducts a relevant activity as defined in the Taxation (Companies – Economic Substance) (Jersey) Law 2019 ("the Economic Substance Law"). Select 'Yes' if the company has conducted relevant activity. (The Economic Substance section will need to be completed). Select 'No' if the company has not conducted any relevant activities.
Relevant activity	Select the appropriate relevant activity that the company conducts from the drop down option. If the company conducts more than one relevant activity enter the activity which represents the most important area for the company.
Gross income	Enter the amount of income received by the company in respect of the relevant activity.
Was Directed and Managed test met in the period?	Select 'Yes' if on analysis of the facts it is believed the company has met the directed and managed test under the Economic Substance Law. Select 'No' if on analysis of the facts it is believed that the company has not met the directed and managed test under the Economic Substance Law.
Were all the CIGA performed in Jersey?	Select 'Yes' if on an analysis of the facts it is determined that all the CIGA was performed in Jersey. Select 'No' if on an analysis of the facts it is determined that all the CIGA was not performed in Jersey.
Gross Expenditure in period	Enter the amount of expenditure incurred (including an estimate of any expenditure) on the relevant activity.
Did the company meet the economic substance test?	Select 'Yes' if on analysis of the facts it is believed that the company has met the economic substance test. Select 'No' if on analysis of the facts it is believed that the company has not met the economic substance test.

CRS
Is the entity required to report under the CRS?	Select 'Yes' if the entity is required to report under the Common Reporting Standards ("CRS") and accordingly need to contract for another entity to make reports on their behalf. (The name of the contracted entity is required). Select 'No' if the entity is not required to report under CRS.
Who has responsibility to make CRS report?	Enter the name of the contracted entity which has been appointed to make the CRS report on behalf of the entity.

Any further information
Enter any further information you wish to provide in this box.	Enter any additional information which will assist the Comptroller in determining that the company has met its tax obligation.