General notice for delivery of returns
Delivery of returns in pursuance of notices - Article 16 of the Income Tax (Jersey) Law 1961
The Comptroller of Revenue ("the Comptroller") gives notice that every person chargeable under the Income Tax (Jersey) Law 1961 ("the Income Tax Law") who has not already delivered a return for the year of assessment 2021 is required to prepare and deliver a true, complete and correct return. The return is required to contain the amount of the profits or gains arising to that person from each and every source chargeable according to the respective Schedules and calculated for the year of assessment 2021 in accordance with the provisions of the Income Tax Law.
The Comptroller also gives notice that every company incorporated in Jersey is required to deliver a return for the year of assessment 2021 containing such information as the Comptroller requires.
A person delivering a paper return for the year of assessment 2021, is required to deliver the return to the Comptroller by midnight on Tuesday 31 May 2022.
A person (other than a company) delivering a return electronically for the year of assessment 2021, is required to deliver the return to the Comptroller by midnight on Sunday 31 July 2022.
By concession, the paper return for the year of assessment 2021 delivered by a person in respect of a trust, an estate or a general partnership or an individual who is non-resident, may be delivered to the Comptroller by midnight on Sunday 31 July 2022.
Furthermore, by concession, an individual who has a tax agent, approved by the Comptroller, who is unable to file online may deliver a paper return for the year of assessment 2021 to the Comptroller by midnight on Sunday 31 July 2022.
A company is required to deliver a return for the year of assessment 2021 to the Comptroller by midnight on Saturday 31 December 2022.
Delivery of returns by persons acting for others - Article 17 of the Income Tax (Jersey) Law 1961
The Comptroller also gives notice that any person(s) acting in any character on behalf of any incapacitated person or persons absent from or not resident in Jersey who, by reason of such incapacity, absence or non-residence, cannot be personally charged under the Income Tax Law is required to deliver to the Comptroller a return for the year of assessment 2021. The return is required to contain particulars of the amount of the profits or gains chargeable to tax for the year of assessment 2021 on the person(s) acting on behalf of the other person.
Where two or more persons are liable to be charged for the same person, only one statement is required to be delivered, which may be made by them jointly or by any one or more of them.
A person delivering a paper return is required to deliver the return to the Comptroller by midnight on Tuesday 31 May 2022.
A person delivering a return electronically is required to deliver the return to the Comptroller by midnight on Sunday 31 July 2022.
Delivery of partnership statements – Article 74 of the Income Tax (Jersey) Law 1961
The Comptroller also gives notice in respect of a general partnership that the precedent partner or, where there is no partner resident in Jersey, the agent, manager or representative is required to prepare and deliver a statement of the profits or gains of the partnerships trade for the year of assessment 2021 to the Comptroller.
For the avoidance of doubt this notice does not apply to partnerships within Articles 76A, 76B, 76C and 76D of the Income Tax Law.
Returns of information by companies - Article 20B of the Income Tax (Jersey) Law 1961
Notice is given by the Comptroller that every company regarded as resident in Jersey is required to return their financial statements of the company, which have been approved by the directors.
Furthermore, notice is also given that any non-resident company which has a permanent establishment in Jersey is required to return their approved financial statements of the permanent establishment.
A company is required to deliver the return under Article 20B of the Income Tax Law to the Comptroller by midnight on Saturday 31 December 2022.
Returns of information by foundations - Article 20D of the Income Tax (Jersey) Law 1961
The Comptroller gives notice that a foundation is required to deliver a true, complete and correct return to the Comptroller for the year of assessment 2021 containing such information as the Comptroller requires.
The Comptroller requires a foundation to return its financial statements showing the profits or gains of the foundation.
A foundation delivering a return electronically is required to deliver the return to the Comptroller by midnight on Sunday 31 July 2022.
Requirement to file a return electronically online - Article 21(3) of the Income Tax (Jersey) Law 1961
The following entities which are required to deliver a return either following a notice served on them or by the general notice under Article 16 of the Income Tax Law (above) for the year of assessment 2021 must do so by using the corporate electronic online return:
Other notification requirements for corporate bodies
Duty of body corporate to notify Comptroller of certain matters - Article 123AA Income Tax (Jersey) Law 1961
It is a requirement of Article 123AA of the Income Tax Law for a body corporate to notify the Comptroller if:
The body corporate becomes resident in Jersey; or
The body corporate is a company becomes regarded as resident under Article 123(1)(b) of the Income Tax Law; or
The body corporate acquires a source of income which could give rise to the body corporate being liable to tax in Jersey.
Within 6 months of a body corporate meeting any of the conditions 1 to 3 above, the body corporate is required to give notice in writing to the Comptroller of certain information.
Where a body corporate is required to notify the Comptroller, the notification must include all the information as required by paragraphs (2) to (5) of Article 123AA of the Income Tax Law.
Failure by a body corporate to comply with the requirement to notify the Comptroller may result in a penalty of up to £3,000.
General information on penalties
Penalties for late delivery of an Article 16 return - Articles 17A and 20B of the Income Tax (Jersey) Law 1961
Where a return, required to be delivered under Article 16 of the Income Tax Law by a person (other than a body corporate), is not delivered by the specified time (indicated above), the Comptroller may impose a penalty of up to £300. If the return is not delivered within a further 3 months of the specified time, the Comptroller may impose additional penalties of up to £50 for each month the return remains undelivered, for a maximum of 9 months.
Where a return, required to be delivered under Article 16 of the Income Tax Law by a body corporate, is not delivered by the specified time (indicated above), the Comptroller may impose a penalty of £300. If the return is not delivered within a further 3 months of the specified time, the Comptroller may impose additional penalties of £100 for each month the return remains undelivered, for a maximum of 9 months.
Where a company does not deliver to the Comptroller a return for the year of assessment 2021 as required under the provisions of Article 16 and Article 20B of the Income Tax Law by midnight on Saturday 31 December 2022 the company is liable to a penalty of £300. If the return is not delivered within a further 3 months of that date, then the company may also be subject to an additional penalty of £100 for each month the return remains undelivered to the Comptroller up to a maximum of 9 months.
Penalty for late delivery of an Article 20D return - Article 17A of the Income Tax (Jersey) Law 1961
Where a foundation does not deliver to the Comptroller a return for the year of assessment 2022 as required under the provisions of Article 20D of the Income Tax Law by midnight on Sunday 31 July 2022 the foundation is liable to a penalty of £300. Furthermore, if the return is not delivered within 3 months of that date, then the foundation may also be subject to an additional penalty of £100 for each month the return remains undelivered to the Comptroller up to a maximum of 9 months.
Additional penalty for failure to deliver returns, etc.
A person or entity, when required by notice to deliver a return or statement, may also be liable to a fine imposed by the Court if the required return or statement is not delivered by the specified time.
Penalty for late delivery of an Article 20C return - Article 17A of the Income Tax (Jersey) Law 1961
Where a return, required to be delivered under Article 20C of the Income Tax Law (benefits-in-kind), is not delivered by midnight on Monday 31 January 2022, the employer is liable to a penalty of £300. If the return is not delivered within a further 3 months of that date, then the employer may also be subject to an additional penalty of £100 for each month that the return remains undelivered to the Comptroller up to a maximum of 9 months.
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