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.