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2015-08-19

Mutual Legal Assistance (Tax Matters) (Amendment of Schedule 1) Order, 2015

The British Virgin Islands Minister of Finance issued this Order to amend Schedule 1 of the 2013 Mutual Legal Assistance (Tax Matters) Order. The amendment inserts Articles 5A and 5B into the bilateral tax information exchange agreement with Guernsey, establishing formal frameworks for automatic and spontaneous data transmission between competent authorities. These provisions empower the parties to define exchangeable information items and procedures, while permitting mutual agreement on additional mechanisms for tax-related disclosures.

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VIRGIN ISLANDS MUTUAL LEGAL ASSISTANCE (TAX MATTERS) (AMENDMENT OF SCHEDULE 1) ORDER, 2015 ARRANGEMENT OF SECTIONS Section

  1. Citation.

  2. Schedule 1 amended.

VIRGIN ISLANDS STATUTORY INSTRUMENT 2015 No. 63 MUTUAL LEGAL ASSISTANCE (TAX MATTERS) ACT, 2003 (No. 18 of 2003) Mutual Legal Assistance (Tax Matters) (Amendment of Schedule 1) Order, 2015 [Gazetted 20th August, 2015] The Minister, in exercise of the power conferred by section 3 (2) of the Mutual Legal Assistance (Tax Matters) Act, 2003 (No. 18 of 2003) makes this Order.

  1. This Order may be cited as the Mutual Legal Assistance (Tax Matters) (Amendment of Schedule 1) Order, 2015.
  2. Schedule 1 to the Mutual Legal Assistance (Tax Matters) Order, 2013 is amended in the Agreement made between the Government of the British Virgin Islands and the States of Guernsey for the Exchange of Information Relating to Tax Matters, by inserting immediately after Article 5 the following new Articles: "ARTICLE 5A Automatic Exchange of Information
  3. The competent authorities of the Parties may automatically transmit information to each other for the purposes referred to in Paragraph 1 (Scope of Agreement). The Parties shall determine the items of information to be exchanged pursuant to this Article and the procedures to be used to exchange such items of information.
  4. The competent authorities of the Parties may mutually agree on additional procedures to be used for the purposes of this Article. ARTICLE 5B Spontaneous Exchange of Information
  5. The competent authority of a Party may spontaneously transmit to the competent authority of the other Party information that has come to the attention of the first-mentioned competent authority and that the first-mentioned competent authority supposes to be foreseeably relevant to the accomplishment of the purposes referred to in Paragraph 1 (Scope of Agreement). The competent authorities shall determine the procedures to be used to exchange such information..”. Made by the Minister this 11th day of August, 2015. (Sgd.) Dr. D. Orlando Smith, OBE, Minister of Finance. Citation Schedule 1 amended S.I. No. 39 of 2013
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