Jersey, Channel Islands

A company is regarded as tax resident in Jersey if it is incorporated in Jersey or if it has its place of central management and control in Jersey. However, a Jersey incorporated company that is managed and controlled elsewhere will not be regarded as a Jersey resident, provided certain conditions are satisfied.

Permanent establishment (PE)

Under domestic legislation, a PE, in relation to a company, includes a branch of the company, a factory, shop, workshop, quarry, or a building site, and a place of management of the company; however, the fact that the directors of a company regularly meet in Jersey shall not, of itself, make their meeting place a PE.

For a definition of PE contained in Jersey’s double tax agreements (DTAs), the relevant clause and agreement should be reviewed. In general, it may include a branch, management, or other fixed place of business, but not an agency, unless the agent has, and habitually exercises, a general authority to negotiate and conclude contracts or has a stock of merchandise from which the agent regularly fills orders.