Jonathan Hughes
Partner | Legal
Jersey
Partner
Jersey
Big things are happening at Ogier. Change is embedded in everything we do. It is redefining our talent, our ways of working, our platforms of delivery, our culture.
Services
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Sectors
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Legal
Corporate and Fiduciary
Consulting
Banking and Finance
Corporate
Dispute Resolution
Employment law
Intellectual Property
Investment Funds
Listing services
Local Legal Services
Accounting and Financial Reporting Services - Ogier Global
Cayman Islands AML/CFT training - Ogier Global
Regulatory and Compliance Services - Ogier Global
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through our global network of offices across the Asian, Caribbean and European timezones. Ogier is the only firm to advise on this unique combination of laws.
Keep up to date with industry insights, analysis and reviews. Find out about the work of our expert teams and subscribe to receive our newsletters straight to your inbox.
Fresh thinking, sharper opinion.
We get straight to the point, managing complexity to get to the essentials. Our global network of offices covers every time zone.
About us
Corporate social responsibility (CSR)
Diversity, equity and inclusion
Information security
Innovation
Sustainability
No Content Set
Exception:
Website.Models.ViewModels.Components.General.Banners.BannerComponentVm
News
05 April 2022
Jersey
ON THIS PAGE
Historically, the purchase of immovable property located in Jersey through the acquisition of the share capital of a property owning company (wherever domiciled) was exempt from stamp duty. However, the States of Jersey recently implemented legislation to impose a tax equivalent to stamp duty on such a sale, effectively closing the "loophole".
Other jurisdictions had previously taken similar steps. The UK first introduced its Annual Tax on Enveloped Dwellings (ATED) on 1 April 2013 for properties worth over £2 million. Since then, the threshold has been steadily reduced and the tax now applies to all property worth over £500,000. Guernsey introduced such a measure back in November 2017, in a law which reflects much of the same language as that now in force in Jersey.
On 8 February 2022, Jersey adopted the Taxation (Enveloped Property Transactions) (Jersey) 2022 (the Law) which came into effect on 4 April 2022.
The Law can be viewed here.
While a number of limited exemptions are included, virtually all sales of property holding companies are now subject to tax. The issue, transfer or redemption of units in a collective investment fund as defined in Article 3 of the Income Tax (Jersey) Law 1961 are excluded transactions under the Law, as is the transfer of shares from a nominee to the beneficial owner of the company or to another nominee holding for their beneficial owner.
All non-excluded "relevant" transactions involving Jersey property (whether commercial or residential) which is owned by, or let under a contract lease (a lease for a term of over nine years registered before the Royal Court of Jersey) are subject to the Law.
The Law defines a "relevant transaction" as a transfer to a person of a significant interest (more than 50%) in an entity (generally, this will be the acquisition of shares in a company or of a beneficial interest in any other body or company) which owns Enveloped Property in Jersey.
The Law will only apply where the market value of the Enveloped Property exceeds:
The Law provides that the Minister for Treasury and Resources may make an order to change these thresholds as required.
The market value of a contract lease will be determined by multiplying the annual rental (or market rent where a nominal rent is paid) payable under the lease by the number of years remaining in the term of the lease at the time of the transaction (capped at 21 years).
There are three different rates, one for domestic properties, one for non-domestic properties, and one for leasehold properties. The rates are calculated on a sliding scale depending on the market value for the Enveloped Property. In all cases, there will be an additional £80 registration fee payable on top of the calculated rate.
Where the Law applies, the person who acquires the significant interest as a result of the "relevant transaction" has 28 days to deliver a statement containing details of the transaction and attesting to the accuracy of the statement. This is similar to current law relating to Land Transaction Tax.
The owner of the Enveloped Property subject to the "relevant transaction", if it is registered or established or has a place of business in Jersey, must deliver a similar statement to the Comptroller within 28 days of the transaction unless the acquiring entity has already delivered such a statement.
Late payments incur a surcharge of 10%. Failure to deliver a statement as required can incur a penalty of up to £3,000.
If a person delivers a statement and/or supporting documents that it knows to be false or misleading, then they can be liable for imprisonment for 12 months and to a fine of level three on the standard scale.
For more information about the proposed new law or its implications, please contact any member of the Ogier Commercial property team.
Jonathan Hughes
Partner | Legal
Jersey
Partner
Jersey
Contact Jonathan
Back
Katharine Marshall
Partner | Legal
Jersey
Partner
Jersey
Contact Katharine
Back
Chris Renouf
Consultant | Legal
Jersey
Consultant
Jersey
Contact Chris
Back
Sarah Parish
Managing Associate | Legal
Jersey
Managing Associate
Jersey
Contact Sarah
Back
Laura Shirreffs
Senior Associate | Legal
Jersey
Senior Associate
Jersey
Contact Laura
Back
Nathalie Roberts (nee Le Cuirot)
Associate, Estate Planning, Wills and Probate | Legal
Jersey
Associate, Estate Planning, Wills and Probate
Jersey
Contact Nathalie
Back
Sign up to receive updates and newsletters from us.
Sign up
No Content Set
Exception:
Website.Models.ViewModels.Blocks.SiteBlocks.CookiePolicySiteBlockVm