Jersey’s First Challenge Against Disclosure Under A Tax Information Exchange Agreement

[Volaw Trust v Comptroller of Taxes [2013]JRC095]

The Royal Court of Jersey has dismissed the first appeal against a decision of the Jersey Comptroller of Taxes ("Comptroller") to serve notice pursuant to a Tax Information Exchange Agreement ("TIEA") requiring the production of certain information relevant to the tax affairs of a foreign resident.

Facts:

In 2010, the Comptroller, having received a request from foreign authorities, issued a formal notice to Volaw Trust requiring it, pursuant to regulation 3 of the Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008 ("Regulations"), to furnish "all information, documents, correspondence, financial statements, files and details of any other information concerned with or connected to the named subjects" (being an individual and four companies).