A company incorporated in Jersey is resident in the Island for tax purposes unless:
- the company is centrally managed and controlled in another jurisdiction where the highest rate of tax which may be applied to any part of its income is at least 10%
- the company is accepted as being resident in that other jurisdiction by its tax authorities
A tax return will be treated as incorrect if a company claims that it is resident in a jurisdiction in which it cannot be resident under Jersey's law.
For example, it's impossible:
- for a company incorporated in Jersey to be resident in a jurisdiction which does not have a corporate tax regime (such as the Cayman Islands)
- for a company whose domestic laws do not allow a company formed in another jurisdiction to be considered tax resident there (such as the USA or Sweden)
Companies may be taxed on income earned overseas, such as rental income or income from a permanent establishment, but this does not mean that the company is no longer resident in Jersey.
A company which mistakenly identifies itself as being resident in another jurisdiction may not only complete its Jersey tax return incorrectly but may also fail to complete its economic substance return.
This can leave it open to enquiries from Revenue Jersey and incur penalties.
Proof of residence: Jersey-incorporated companies claiming residence outside of Jersey
To meet those income tax and economic substance obligations and help ensure accurate filing, Jersey-incorporated companies that are claiming residence outside Jersey should, subject to below, submit a certificate of residence with the corporate tax return for the year of assessment 2024.
If the company has already submitted a certificate of residence with a prior year's corporate tax return, and the company has remained resident in that same jurisdiction for the year of assessment 2024, there is no need to re-submit a certificate.
Revenue Jersey will not ask companies to refresh their certificates of residence in future years unless:
- the company becomes resident in a different territory, in which case a new certificate will be required from the tax authority of the new territory
- the company becomes Jersey resident, in which case the company should advise Revenue Jersey appropriately
If a certificate of residence is more than 1-year old, Revenue Jersey may ask a company to confirm its non-residence status as part of its regular compliance activities.
Revenue Jersey recognises that obtaining a certificate of residence can be difficult and time-consuming in some cases. Therefore, similar documents that prove residence (such as a letter of confirmation of residence in the case of the UK) will be accepted.
In exceptional circumstances, other forms of proof, such as directors' meeting notes, will be accepted.
Companies are encouraged to contact Revenue Jersey if it they are having difficulty in obtaining the appropriate proof.