Public Access To Information

Introduction

The Bermuda Corporate Income Tax Agency (the “Agency”), established under the Corporate Income Tax Agency Act 2024 (the “Agency Act”), is the agency responsible for administering, managing and enforcing tax-related matters in Bermuda, designated by statutory instrument, including but not limited to, corporate income tax, tax credits, economic substance and exchange of information pursuant to the following:

1. the Corporate Income Tax Act 2023 (as amended);
2. the Tax Credits Act 2025;
3. the Economic Substance Act 2018 (as amended);
4. the U.S.-Bermuda Tax Convention Act 1986 (Designation of Competent Authority) Notice 2026; and
5. the International Cooperation (Tax Information Exchange Agreements) Act 2005 (Designation of Competent Authority) Notice 2026.

The purpose of this Information Statement is to assist Bermudians and residents of Bermuda in exercising their right to access records held by the Agency pursuant to the Public Access To Information Act 2010 (“PATI”).

Structure and Organisation - s.5(1)(a)

The Agency’s Board of Directors is the governing body of the Agency with general oversight of the property, income and funds of the Agency and its affairs.

The Board consists of a Chair and seven Directors, appointed by the Minister of Finance from the various sectors of industry. To enhance independence, Board members are appointed for three-year terms.

Board conflicts are strictly managed in accordance with the Agency Act.

The Directors of the Agency are:

To see a list of the Board committees please click on the link. LINK 

The Agency is managed by the senior management team, including:

Legislation - s.5(1)(a)

The Agency is governed by, the following primary legislation and regulations:

• Corporate Income Tax Act 2023 (the “Act”)
• Corporate Income Tax Agency Act 2024 (the “Agency Act”)
• Corporate Income Tax (Administrative) Regulations 2025
• Corporate Income Tax (Tax Refund Reserve Fund) Regulations 2025• Tax Credits Act 2025;
• Economic Substance Act 2018 (as amended);
• Economic Substance Regulations 2028 (as amended);
• International Cooperation (Tax Information Exchange Agreements) Act 2005;
• International Cooperation (Tax Information Exchange Agreements) Common Reporting
  Standard Regulations 2017;
• International Cooperation (Tax Information Exchange Agreements) Country-by-Country
  Reporting Regulations 2017;
• International Cooperation (Tax Information Exchange Agreements) Act 2005 (Designation of
  Competent Authority) Notice 2026;
• U.S.A.-Bermuda Tax Convention Act 1986;
• U.S.A.-Bermuda Tax Convention (Section 10) Regulations 1995;
• U.S.A.-Bermuda (Country-by-Country Reporting) Regulations 2017;
• U.S.-Bermuda Tax Convention Act 1986 (Designation of Competent Authority) Notice 2026;
  and
• the International Cooperation (Tax Information Exchange Agreements) Act 2005 (Designation
  of Competent Authority) Notice 2026.

The following was also taken into consideration:

The Global Anti-Base Erosion Rules (GLoBE Rules)

The OECD/G20 BEPS Project is addressing the tax challenges arising from the digitalisation of the economy. In October 2021, over 135 jurisdictions joined a ground- breaking plan to update key elements of the international tax system which is no longer fit for purpose in a globalised and digitalised economy. The GLoBE Rules are a key component of this plan and ensure large multinational enterprise pay a minimum level of tax on the income arising in each of the jurisdictions where they operate.

Functions, Powers and Duties (obligations)-  s.5(1)(b)

The Agency is responsible for administering and enforcing specific tax-related matters in Bermuda. As part of Bermuda’s commitment to global tax transparency and regulatory compliance, the Agency oversees the implementation of matters related to corporate income tax, tax credits, econimic substance and the exchange of relevant information. Our goal is to create a trusted corporate tax framework that supports Bermuda’s economic growth.

The Agency’s functions and powers are set out in the Agency Act and include (but are not limited to):

• Administration of the Act - Ensuring compliance with Bermuda’s tax laws & regulations;
• Enabling online capabilities – Offering a seamless tax filing experience through modern, secure online platforms such as CITA Online;
• Oversight of income and funds of the Agency;
• Ensuring global compliance - Aligning with OECD’s Global Minimum Tax (GMT) framework and other international tax standards;
• Supporting businesses – Providing guidance, resources and expert support to help companies navigate Bermuda’s corporate income tax system; and
• Safeguarding Bermuda’s economic future - Strengthening financial resilience through strategic tax collection and oversight.

Services and Programs - s.5(1)(c)

The Agency provides the following services to qualifying businesses:

• Implementation and management of CITA Online (the Agency’s tax filing portal);
• Collection and administration of tax returns, tax payments, economic substance declarations and other economic substance information;
• Collection and management of requests for exchange of information;
• Enforcement of tax-related requirements in Bermuda;
• Progressing appropriate exchanges of information to meet international tax related requirements;
• Enforcement of relevant tax-related requirements in Bermuda; and
• Issuing guidance and legal determinations on questions of  uncertainty with regards to relevant tax legislation.

Under PATI, the Agency has the following obligations:

• Prepare and publish of an Information Statement in accordance with PATI requirements;
• Provide information to the public, including,
  • what information it holds and how to access it
  • maintaining a PATI log
  • publish in the Government’s Official Gazette details of contracts with a total value of $50,000 or more;
• Respond to PATI requests and internal review requests;
• Provide a written report to the Information Commissioner on the number of PATI requests and internal review requests’
• Train staff and make arrangements to facilitate compliance with PATI; and
• Appoint an Information Officer (please see below for details).

Records Held by Agency (general description)  - s.5(1)(d)

The Agency holds a variety of internal records including, but not limited to, tax returns, tax credit returns, economic substance declarations, employment records, financial records, legal advice, draft legislation, policies, procedures, Board minutes and general communications. Tax files, exchange of information requests, economic substance files and any and all correspondence and/or investigations related to such files are exempt records. Other records may or may not be exempt from disclosure or subject to redaction, including but not limited to personal information (unless related to the requester), sensitive commercial information, information received in confidence, operations and deliberations of the Agency, Ministerial documents and legally privileged documents.

Manuals, Policies and Guidance - s.5(1)(e-f)

The Agency maintains internal policies and procedures as required by good governance standards; the laws of Bermuda and the Organisation for Economic Development and Cooperation (OECD), including policies on data protection, public access to information, internal controls, business continuity and disaster recovery, sexual harassment and bullying, records management, conflicts of interest, vendor management, cybersecurity and an employee handbook. The Agency may issue guidance and/or FAQs (frequently asked questions), as and when appropriate. Any guidance and FAQs issued by the Agency can be found on the Agency’s website.

PATI Requests – s.5(1)(g)

In accordance with s.12(1) of PATI, every person who is a Bermudian or a resident of Bermuda has the right to request a record from a public authority. The Agency may require proof, to its satisfaction, that a requester is either Bermudian or a Bermuda resident.

All PATI requests must be in writing. The Agency has posted a PATI Request Form on its website, which may assist requesters in providing the information the Agency may require to process a PATI Request. The Form may be found at www.cita.bm.

The Agency shall not review a PATI request until satisfied that the requester is a Bermudian or a Bermuda resident and any statutory timelines applicable to the Agency shall not commence until the Agency is satisfied that the requester has a right to make such a request.

All PATI Requests must be directed to:

The Corporate Income Tax Agency’s Information Officer
Information Officer: Megan Colley, Director of Legal and Policy
Head of the Agency for internal review requests: Cheryl-Ann Lister
Email:  PATI-PIPArequest@cita.bm
Address: Wellesley House South, 1st Floor, 90 Pitts Bay Road, Pembroke, HM08, Bermuda

Request Form

Availability of the Agency’s PATI Information Statement

As published in the Gazette, a copy of the Agency’s PATI Information Statement may be obtained from or inspected at the Agency’s office (at the address above); or can be accessed in the following locations:

• The Agency’s website at www.cita.bm
• The Bermuda National Library
• The Bermuda Archives
• The Office of the Information Commissioner

If you experience any difficulty accessing content or have accessibility concerns, please contact us:

Email: info@cita.bm

Phone: +1 (441) 543-8660

We will do our best to provide an accessible alternative or resolve any issues promptly.