What is the JDF?
At the start of 2013, HM Revenue & Customs (HMRC) negotiated a number of disclosure facilities with the Crown Dependencies of Jersey, Guernsey and the Isle of Man.
The JDF is a a means for any taxpayer to resolve a UK tax liability arising from an asset held in Jersey. The JDF is available to individuals, trusts or companies and was originally available from 6 April 2013 until 30 September 2016. The JDF will now be closed to any new registrations on 31 December 2015
To qualify for the JDF a taxpayer cannot be linked to another HMRC disclosure facility, and must not have previously been the subject of a criminal investigation.
As Jersey is a Category 2 country, so far as penalties are concerned, failure to remedy any tax compliance failure can result in penalties of 150% of the tax (again) as part of any Settlement, plus interest .
The key terms of the JDF
Under the JDF, a taxpayer must:
- make a Disclosure within 6 months of being registered under the JDF
- disclose irregularities from commencement or back to 6 April 1999, whichever is shorter
- pay all taxes at the prevailing actual rates
- pay interest on all tax paid late
- pay a penalty capped at 10% of the tax due for the 10 year period ending 5 April 2009, thereafter 20%
- pay higher penalties of 30% for 2010/2011 onwards as the inaccuracy relates to a Category 2 country
- make a payment within 30 days of the application date
- disclose all their assets and liabilities as at 5 April prior to the date of disclosure
- be told whether their disclosure is accepted within 9 months
What taxes are covered?
Under the JDF, the following taxes are covered:
- Value Added Tax
- Corporation Tax
- Employment taxes (PAYE, Employees NIC and Employers NIC)
- Inheritance Tax
- Capital Gains Tax
How can Haines Watts help?
- Register those who wish to make a disclosure to HMRC under the terms of the JDF
- Manage the process throughout for you
- Discuss matters with HMRC initially on a no name basis
- Agree with HMRC in advance how matters are to be treated
- Calculate the potential tax liability
- Determine how matters may be treated and taxed with HMRC
- Discuss with you how to proceed with the disclosure
- Submit a Report with all the relevant forms completed
- Negotiate a full and final Settlement with HMRC as necessary
If you wish to discuss this or any other matter with a member of the team, please contact us.
If you cannot find the information you need on our website, please contact Andy Maxfield using our contact form or email directly to amaxfield@hwca.com