the Royal Court of Jersey has allowed an appeal by the Comptroller of Revenue against a determination by the Commissioners of Appeal for Tax that a New Zealand scheme was an "equivalent scheme" for the purposes of the Income Tax Act (Jersey) 1961 so that a Jersey personal pension scheme could make a transfer of a member's benefits to it. The Comptroller had been justified in taking into account the New Zealand statutory regime (in particular, the tax regime) and the Commissioners had been wrong to disagree. There was a real prospect that the effect on the individual concerned would be materially different bewteen the scheme as operated under the Jersey tax regime and the New Zealand Regime. To read the judgment, click here.
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