Tax Information Exchange Agreement with Poland

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A decision made 6 February 2012:

Decision Reference: MD-C-2012-0019
Decision Summary Title :	Tax Information Exchange Agreement Between the States of Jersey and the Republic of Poland		Date of Decision Summary:	31st January 2012
Decision Summary Author:	Project and Research Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Agreement to be entered into with the Government of the Republic of Poland for the exchange of information relating to tax matters, and associated agreements		Date of Written Report:	23rd January 2012
Written Report Author:	Adviser – International Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Ratification of the Tax Information Exchange Agreement between the States of Jersey and the Government of Poland
Decision(s): The Chief Minister agreed to lodge ‘au Greffe’ the Report and Proposition inviting the States to ratify the Agreement for the exchange of information relating to tax matters, and associated agreements, between the States of Jersey and the Republic of Poland.
Reason(s) for Decision: The Tax Information Exchange Agreement entered into with the Government of the Republic of Poland is a continuation of the ongoing programme of signing TIEAs or DTAs with EU Member countries. The TIEA, and associated agreements, with the Government of the Republic of Poland were signed by the Chief Minister, on the 2nd December 2011. The Agreements are now being presented to the States for ratification, following which they will be published, and entered into the official record.
Resource Implications: There are no resource implications.
Action required: The Greffier of the States is requested to arrange for the lodging ‘au Greffe’ of the Tax Information Exchange Agreement between the States of Jersey and the Republic of Poland for States debate at the earliest opportunity.
Signature:		Position: Senator I.J. Gorst Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Tax Information Exchange Agreement with Poland

DRAFT REPORT AND PROPOSITION

RATIFICATION OF A TAXATION AGREEMENT BETWEEN THE STATES OF JERSEY AND THE REPUBLIC OF POLAND

Proposition

The States are asked to decide whether they are of opinion –

To ratify the Agreement for the exchange of information relating to tax matters, and associated agreements, between the States of Jersey and the Republic of Poland as set out in the Appendices to the Report of the Chief Minister dated 2nd December 2011.

Report

The States are asked to ratify the signed Agreement to be entered into with the Government of the Republic of Poland for the exchange of information relating to tax matters, and associated Agreements, attached as an appendix to this report.

Background:

2. In February, 2002 Jersey entered into a political commitment to support the OECD’s tax initiative on transparency and information exchange through the negotiation of tax information exchange agreements to an agreed international standard.

3. In September 2009, the Global Forum on Transparency and Information Exchange for Tax Purposes, a body of which more than one hundred jurisdictions are members, agreed a peer review process to assess compliance with the international standard. To oversee this process, a Peer Review Group was set up chaired by France, with four vice-chairs from India, Japan, Singapore and Jersey.

4. Successive G20 Summits have encouraged jurisdictions to make progress in agreeing, implementing and abiding by the necessary international agreements for information exchange. In response Jersey has maintained an active programme of negotiating agreements with EU, OECD and G20 member jurisdictions. This has served to enhance the Island’s international personality, and generally has helped to engender a more favourable view of the Island amongst the international community.

5. The latest position in respect of the programme of negotiating tax information exchange agreements is attached as an appendix to this report. A total of 27 tax information exchange agreements (TIEAs) and two double taxation agreements (DTAs) have now been signed, of which nineteen TIEAs and two DTAs are in force. The delay in bringing agreements into force is due to the length of time taken by the other parties to the agreements to complete their domestic procedures for the ratification of the agreements.

6. As a Vice-Chair of the Global Forum Peer Review Group, Jersey has been determined to lead by example, and has attached particular importance to entering into agreements on tax information exchange with EU and G20 members. Jersey has signed, initialled or is in the process of negotiation agreements with twenty-three EU Member States. The remaining four jurisdictions have been invited to commence negotiations. Jersey has also now signed, initialled or completed negotiations with seventeen of the nineteen G20 countries (the other member of the G20 is the European Union).

7. Jersey has been party to the peer review process to assess compliance with international standards, and a report on the assessment of Jersey was published at the end of October, 2011. The review concluded that Jersey’s domestic laws provide a satisfactory framework for the exchange of relevant information. The Island fully met the Peer Review Group’s standard in six of the nine areas under review. Three areas related to legal implementation were assessed as being in place but with room for improvement. However, the assessors noted that the apparent gaps they identified had not prevented Jersey from engaging in effective information exchange. Nevertheless, changes are being made to the legislation to ensure that Jersey is fully compliant. The assessors said “overall, this review of Jersey identifies a legal and regulatory framework for the exchange of information which generally functions effectively to ensure that the required information will be available and accessible. Jersey’s practices to-date have demonstrated a responsive and cooperative approach.”

8. The policy of negotiating TIEAs or DTAs is supported by the finance industry. The preference of government and the industry is for a DTA but the majority of jurisdictions with whom negotiations have been undertaken have not been prepared to consider a DTA on the grounds that they believe they would derive little if any benefit from such an agreement.

The Agreements with the Republic of Poland

9. The Tax Information Exchange Agreement entered into with the Government of the Republic of Poland is a continuation of the ongoing programme of signing TIEAs or DTAs with EU Member countries.

10. Attached as an appendix to this report is –

(a) the Tax Information Exchange Agreement, which is consistent with agreements signed previously with other countries and which the States have ratified. The Agreement provides for the exchange of information on tax matters on request. The Agreement will come into force once both parties to the Agreement have ratified it, and any necessary legislative steps have been taken;

(b) an associated agreement for the avoidance of double taxation on individuals in respect of income from employment, directors’ fees, the income of artists and sportsmen, pensions and similar remunerations, government service and students, which is consistent with some other jurisdictions (e.g. the Nordic countries);

(c) an associated agreement for the avoidance of double taxation with respect to enterprises operating ships or aircraft in international traffic, which is consistent with similar agreements signed previously with some other jurisdictions (e.g. the Nordic countries).

Procedure for Signing and Ratifying the TIEA and Associated Agreements

11. The TIEA, and associated agreements, with the Government of the Republic of Poland were signed by the Chief Minister, on the 2nd December, 2011 in accordance with the provisions of Article 18(2) of the States of Jersey Law, 2005 and paragraph 1.8.5 of the Strategic Plan 2006-2011 adopted by the States on the 28th June, 2006.

12. The Agreements are now being presented to the States for ratification, following which they will be published, and entered into the official record. The Agreements will enter into force when the domestic procedures of both parties have been completed.

13. The States, on the 29th January 2008, adopted The Taxation (Exchange of Information with Third Countries (Jersey) Regulations 2008. The schedule to these Regulations lists the Third Countries, and includes the taxes covered by the agreements being entered into. As further agreements are entered into, the Regulations are amended to include in the schedule the jurisdiction and the taxes concerned. The necessary regulations to provide for the inclusion in the schedule of the Republic of Poland and the relevant taxes will be presented to the States for adoption in due course.

Financial and Manpower Implications

14. There are no implications for the financial or manpower resources of the States arising from the ratification and implementation of the Agreements with the Republic of Poland.