Agreement between the Government of Jersey and the Government of the Kingdom of Bahrain: Elimination of double taxation (taxes on income) and prevention of tax evasion/avoidance (P.17/2026) – comments
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STATES OF JERSEY
AGREEMENT BETWEEN
THE GOVERNMENT OF JERSEY AND THE GOVERNMENT OF THE KINGDOM OF BAHRAIN: ELIMINATION OF DOUBLE TAXATION (TAXES ON INCOME) AND PREVENTION OF TAX EVASION/AVOIDANCE (P.17/2026) – COMMENTS
Presented to the States on 5th March 2026
by the Economic and International Affairs Scrutiny Panel
STATES GREFFE
2026 P.17 Com.
COMMENTS
Background
The Agreement between the Government of Jersey and the Government of the Kingdom of Bahrain: Elimination of double taxation (taxes on income) and prevention of tax evasion/avoidance [P.17/2026] ("the Agreement") was lodged au Greffe on 27th January 2026 by the Minister for External Relations ("the Minister"). The proposition is due to be debated on 10th March 2026.
Purpose and rationale of the Double Taxation Agreement with Bahrain
The Panel questioned the Minister to understand the purpose and rationale of the Double Taxation Agreement (DTA). The Panel was informed that, once in force, the DTA would become a binding treaty under international law and provide certainty to taxpayers, including both individuals and businesses, against the double taxation of income arising in both Jersey and Bahrain.
The Panel questioned the Minister in written correspondence on the rationale for a DTA with Bahrain specifically. The Minister stated that:
"Engagement with Jersey's FRPS (Financial and Related Professional Services) industry has demonstrated support for Jersey pursuing a wider network of DTAs, especially with jurisdictions such as Bahrain where business flows are well established and where there is a regular exchange of personnel. Without a DTA in place, Jersey firms and individuals operating in Bahrain could be subject to punitive double taxation and, whilst the personal and corporate tax regimes in Bahrain relatively low, the DTA provides additional long-term certainty on this point."1
Alignment of External Relations Strategy
The Panel heard from the Minister during a Quarterly Hearing that the Agreement forms part of Jersey's ongoing programme to expand its network of DTAs, consistent with the objectives set out in the Common Policy for External Relations 2022-2026.
Minimum standards
The Minister confirmed that the Agreement conforms to the Organisation for Economic Cooperation and Development (OECD) minimum standards. These standards ensure that tax agreements are not used for abusive purposes. The Minister further informed the Panel that the Agreement would not introduce any new obligations around exchanging information as, since September 2018, Jersey and Bahrain have had the ability to exchange information under the OECD's Multilateral Convention on Mutual Administrative Assistance in Tax Matters (MAAC).
The Panel asked the Minister about the practicalities of determining tax residency and received clarification of the tie-breaker conditions included in the Agreement and how this would work in practice.
The Minister explained to the Panel that the Agreement incorporates clear and internationally recognised rules for determining tax residency, aligned with Article 4 of the OECD Model Tax Convention on Income and Capital. The criteria provide a structured approach for resolving cases where an individual or entity may otherwise be treated as resident in both Jersey and Bahrain.
For individuals, the Agreement applies a series of tiebreaker tests that assess the location of a permanent home, the strength of personal and economic ties, habitual abode, and, ultimately, nationality. These tests are informed by OECD commentary, which outlines relevant indicators such as family connections, professional activities, and the place from which personal property is administered. Where necessary, unresolved questions of residency must be settled through the mutual agreement procedure, ensuring that determinations are reached cooperatively by competent authorities from both jurisdictions.
For companies and other entities, the Agreement provides certainty by specifying that dual residency is resolved based on the location of effective management. By focusing on where strategic decisionmaking takes place, the Agreement ensures that businesses have clarity on their tax position and reduces the risk of conflicting interpretations between jurisdictions.
Economic benefits
The Panel questioned how the economic benefits of the Agreement would be measured. The Minister advised:
"Whilst these benefits can be challenging to monitor and measure directly, the DTA will act as an important enabling factor for increased business flows. We have engaged with the FRPS industry who have advised that DTAs are important in their commercial activity and we will continue to monitor the impact of the DTA through industry consultation via Jersey Finance". [2]
The Panel understands from the Minister that DTAs have remained a consistent element of Jersey's Common Policy for External Relations over several iterations. The primary function of these DTAs is to remove double taxation on cross-border business activity between the signatory jurisdictions, and this agreement with Bahrain is expected to deliver that benefit for both Bahrain and Jersey.
The Minister informed the Panel that there is already an established level of commercial engagement between the two jurisdictions, including Jersey trust and company service providers operating in Bahrain. The DTA is anticipated to enhance this existing relationship by providing increased certainty in respect of withholding taxes on dividends, interest, and royalties. This clarity supports business confidence and enables more effective long-term planning for entities operating across both jurisdictions.
The Panel questioned the Minister as to whether this Agreement would prevent tax evasion and avoidance. The Minister informed the Panel that the Agreement incorporates a range of measures designed to prevent tax evasion, tax avoidance, and the inappropriate use of treaty benefits. These provisions are grounded in the OECD Base Erosion and Profit Shifting (BEPS) minimum standards and reflect Jersey's ongoing commitment to international tax transparency and responsible treaty practice.
Timeline for commencement
The Panel questioned the Minister on the timeline for commencement of this Agreement and was informed that Bahrain had not yet completed its domestic approval procedures, and that the Agreement will only come into force after both jurisdictions provide formal notification. The Panel noted that, subject to these processes, the treaty was expected to enter into force in 2026, with its provisions applying from 1st January 2027.
Human Rights considerations
The Panel expressed concern regarding the state of human rights in Bahrain and sought clarification from the Minister on how this had been considered. The Minister advised that, in the Government's view, progress in this area is most effectively advanced through constructive engagement at both political and commercial levels.
The Minister confirmed that whilst in Bahrain he had reaffirmed Jersey's commitment to upholding the rights and freedoms of individuals around the world with senior UK counterparts and Bahraini Ministers. The Minister further confirmed that "further progress is always possible" and that he remains "committed to engaging in constructive dialogue with partners including Bahrain on strengthening human rights standards."3
Whilst the Panel acknowledges the Minister's response to its questions on this matter, it remains concerned about the state of human rights in Bahrain and believes that this should be monitored closely.
Conclusion
Having reviewed the Agreement and the information provided by the Minister and the Department, the Panel is satisfied that the Agreement is consistent with international best practice, supported by appropriate transparency provisions, and aligned with Jersey's economic interests. The Panel is therefore broadly supportive of the Agreement, while noting its ongoing concerns relating to human rights in Bahrain.
Statement under Standing Order 37A [Presentation of comment relating to a proposition]
These comments were submitted to the States Greffe after the noon deadline as set out in Standing Order 37A due to the States sitting being brought forward from Tuesday 10th March to Monday 9th March, which in turn advanced the deadline by one day.