Finance (Jersey)
Law 2004
A LAW to prescribe the standard rate of
income tax for the year 2004; to amend further the Customs and Excise (Jersey)
Law 1999 so as to increase excise duty on alcoholic beverages, tobacco,
hydrocarbon oils and vehicle registration and to make provision for the
charging of excise duty in connection with vehicle registration where relief
from or drawback of duty has previously been allowed; to amend further the
Stamp Duties and Fees (Jersey) Law 1998 so as to increase the stamp duty
payable on certain immovable property transactions; and for connected purposes.
Adopted by the
States 27th January 2004
Sanctioned by
Order of Her Majesty in Council 10th June 2004
Registered by the
Royal Court 9th
July 2004
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
Part 1
income tax
1 Standard rate of income tax
for 2004
There shall be levied and charged in Jersey for the year 2004, in
accordance with the Income Tax (Jersey) Law
1961,[1] income tax at the standard
rate of 20 pence in the pound.
part 2
excise duty
2 Interpretation
In this Part “1999 Law” means the Customs and Excise (Jersey) Law 1999.[2]
3 Article
38 amended
In Article 38 of the 1999 Law[3] –
(a) in
paragraph (3) after the words “the owner” there shall be inserted
the words “on the first occasion”; and
(b) after
paragraph (3) there shall be added the following paragraph –
“(4) Despite the foregoing
provisions of this Article, paragraph (5) applies where –
(a) the owner of a motor vehicle is required to
make –
(i) a
notification of a change of use of the vehicle in accordance with an Order made
under Article 7 of the Motor Vehicle Registration (Jersey) Law 1993;[4] or
(ii) an
application for the registration of the vehicle in accordance with that Law where
it has previously been so registered; and
(b) relief from or drawback of excise duty has
previously been allowed in respect of the vehicle.
(5) Subject to paragraph (6), excise duty
shall be payable by the owner of the vehicle (being, in the case of a change of
use following a change of ownership, the new owner) at the rate equivalent to
the amount of relief or drawback mentioned in paragraph (4)(b).
(6) No duty shall be payable under paragraph (5)
if –
(a) the vehicle still qualifies for relief from
excise duty; or
(b) the notification or application mentioned in
paragraph (4)(a) was required to be made more than 5 years after the
first occasion when the vehicle was required to be registered.”.
4 Part
II of First Schedule substituted
For Part II of the First Schedule to the 1999 Law[5] there shall be substituted
the Part set out in the Schedule.
5 Commencement
This Part shall be deemed to have come into force on 1st January
2004.
part 3
stamp duty
6 First
Schedule amended
In the First Schedule to the Stamp
Duties and Fees (Jersey) Law 1998,[6] in item 13 (CONTRACTS) –
(a) for
sub-paragraph (a) there shall be substituted the following sub-paragraph –
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Item
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Stamp Duty
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Chargeable Document
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Designated Officer
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“(a) Of sale of immovable property other than
“rentes anciennes” but including “rentes nouvelles”
and simple conventional hypothecs (except as provided by sub-paragraphs (b),
(k), (l) or (u) of this item), where the consideration for the transfer of
the property or, if the gross value of the property transferred exceeds such
consideration, the gross value of the property –
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(i) does not exceed £50,000
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50p each £100 or part of £100, with a minimum fee of
£10.00
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Contract
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Greffier
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(ii) exceeds £50,000 but does not exceed £300,000
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£250 in respect of the first £50,000, plus £1.50
for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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(iii) exceeds £300,000 but does not exceed £500,000
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£4,000 in respect of the first £300,000 plus
£2.00 for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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(iv) exceeds £500,000 but does not exceed £700,000
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£8,000 in respect of the first £500,000, plus
£2.50 for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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(v) exceeds £700,000
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£13,000 in respect of the first £700,000 plus
£3.00 for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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In the case of a contract
of exchange of immovable property the fees specified in this paragraph shall
be separately calculated in respect of the gross value of each property
transferred.”;
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(b) for
sub-paragraph (c) there shall be substituted the following
sub-paragraph –
Item
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Stamp Duty
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Chargeable Document
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Designated Officer
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“(c) Of gift, resignation or cession without
cash consideration of immovable property (except as provided by
sub-paragraphs (k), (l) or (u) of this item), where the net value of the
immovable property transferred –
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(i) does not exceed
£50,000
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50p for each £100 or part of £100, with a minimum fee
of £10.00
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Contract
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Greffier
|
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(ii) exceeds £50,000 but does
not exceed £300,000
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£250 in respect of the first £50,000, plus £1.50
for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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(iii) exceeds £300,000 but does not
exceed £500,000
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£4,000 in respect of the first £300,000 plus
£2.00 for each £100 or part of £100 in excess thereof
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Contract
|
Greffier
|
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(iv) exceeds £500,000 but does not
exceed £700,000
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£8,000 in respect of the first £500,000, plus
£2.50 for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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(v) exceeds £700,000
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£13,000 in respect of the first £700,000 plus
£3.00 for each £100 or part of £100 in excess thereof ”;
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Contract
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Greffier
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(c) for
sub-paragraph (k) there shall be substituted the following sub-paragraph –
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Item
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Stamp Duty
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Chargeable Document
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Designated Officer
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“(k) Of sale, gift, cession or other
transfer of immovable property by a sole owner into joint ownership with
another person, where the cash consideration for the transfer or, if one half
of the net value of the property exceeds such consideration, one half of the
net value of the property –
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|
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(i) does not exceed
£50,000
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50p for each £100 or part of £100, with a minimum fee
of £10.00
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Contract
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Greffier
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(ii) exceeds £50,000 but does
not exceed £300,000
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£250 in respect of the first £50,000, plus £1.50
for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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(iii) exceeds £300,000 but does not
exceed £500,000
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£4,000 in respect of the first £300,000 plus
£2.00 for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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(iv) exceeds £500,000 but does not
exceed £700,000
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£8,000 in respect of the first £500,000, plus
£2.50 for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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(v) exceeds £700,000
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£13,000 in respect of the first £700,000 plus
£3.00 for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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If the transfer is effected
by cession or sale of the property to a third party and resignation back to
the transferee, the fee specified in this paragraph shall be taken on the
first contract and the fee taken on the contract of resignation shall be
£5.00 for each page of the contract, with a minimum fee of £10.00.
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Where any transfer of
immovable property or of a share therein takes place by reason of an order
made by the Court under Article 28 of the Matrimonial Causes (Jersey) Law
1949, the fee specified in this paragraph shall be reduced to a fee of
£5.00 for each page of the contract with a minimum fee of £10.00.
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Where any transfer of immovable
property by a sole owner is into the joint ownership of himself and his
spouse and, at the time of the transfer, that property is their matrimonial
home, the fee specified in this paragraph shall be reduced to a fee of
£5.00 for each page of the contract with a minimum fee of
£10.00.”;
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(d) for
sub-paragraph (l) there shall be substituted the following sub-paragraph –
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Item
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Stamp Duty
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Chargeable Document
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Designated Officer
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“(l) Of sale, gift, cession or other
transfer of immovable property by a joint owner into sole ownership, where
the cash consideration for the transfer –
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(i) does not exceed
£50,000
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50p for each £100 or part of £100, with a minimum fee
of £10.00
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Contract
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Greffier
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(ii) exceeds £50,000 but does
not exceed £300,000
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£250 in respect of the first £50,000, plus £1.50
for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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(iii) exceeds £300,000 but does not
exceed £500,000
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£4,000 in respect of the first £300,000 plus
£2.00 for each £100 or part of £100 in excess thereof
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Contract
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Greffier
|
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(iv) exceeds £500,000 but does not
exceed £700,000
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£8,000 in respect of the first £500,000, plus
£2.50 for each £100 or part of £100 in excess thereof
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Contract
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Greffier
|
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(v) exceeds £700,000
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£13,000 in respect of the first £700,000 plus
£3.00 for each £100 or part of £100 in excess thereof
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Contract
|
Greffier
|
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If the transfer is effected by cession or sale of the property to
a third party and resignation back to the transferee, the fee specified in
this paragraph shall be taken on the first contract and the fee taken on the
contract of resignation shall be £5.00 for each page of the contract,
with a minimum fee of £10.00.
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Where any transfer of immovable property or of a share therein
takes place by reason of an order made by the Court under Article 28 of the
Matrimonial Causes (Jersey) Law 1949, the fee specified in this paragraph
shall be reduced to a fee of £5.00 for each page of the contract with a
minimum fee of £10.00.
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Where any transfer of immovable property in the joint ownership of
spouses is by one of them into the sole ownership of the other and, at the
time of the transfer, that property is their matrimonial home, the fee
specified in this paragraph shall be reduced to a fee of £5.00 for each
page of the contract with a minimum fee of £10.00.”; and
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(e) for
sub-paragraph (o) there shall be substituted the following
sub-paragraph –
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Item
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Stamp Duty
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Chargeable Document
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Designated Officer
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“(o) Not otherwise provided for under this item
–
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(A) where the consideration stipulated in the contract –
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(i) does not exceed £50,000
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50p for each £100 or part of £100, with a minimum fee
of £10.00
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Contract
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Greffier
|
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(ii) exceeds £50,000 but
does not exceed £300,000
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£250 in respect of the first £50,000, plus £1.50
for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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(iii) exceeds £300,000 but
does not exceed £500,000
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£4,000 in respect of the first £300,000 plus
£2.00 for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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(iv) exceeds £500,000 but does
not exceed £700,000
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£8,000 in respect of the first £500,000, plus
£2.50 for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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(v) exceeds £700,000
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£13,000 in respect of the first £700,000 plus
£3.00 for each £100 or part of £100 in excess thereof
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Contract
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Greffier
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(B) Where no consideration is stipulated in the contract
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£5.00 for each page of the contract, with a minimum fee of
£10.00
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Contract
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Greffier”.
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7 Commencement
This Part shall be deemed to have come into force on 1st January
2004.
part 4
closing provision
8 Citation
This Law may be cited as the Finance (Jersey) Law 2004.
D.C.G. FILIPPONI
Assistant Greffier of the States.
SCHEDULE
(Article 4)
increases in excise duty
“part ii
(Article 38)
1 Spirits
There shall be charged on all
spirits imported into or distilled or produced in Jersey excise duty at the
rate of £19.90 per litre of alcohol.
There shall be charged on all
wines imported into or produced or manufactured in Jersey excise duty at the
following rates –
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Strength of wines
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Rate per hectolitre
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Wines exceeding 1.2 per cent volume but not exceeding 5.5 per cent
volume
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£48.45
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Wines exceeding 5.5 per cent volume but not exceeding 15 per cent
volume
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£127.17
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Wines exceeding 15 per cent volume but not exceeding 22 per cent
volume
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£155.84
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Rate per litre of alcohol
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Wines exceeding 22 per cent volume
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£19.90.
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There shall be
charged –
(a) on all beer produced by a small independent
brewer which is imported into or manufactured in Jersey excise duty at the rate
of –
(i) £34.36 per hectolitre of beer
not exceeding 4.9 per cent volume, and
(ii) £52.96 per hectolitre of beer
exceeding 4.9 per cent volume; and
(b) on all other beer imported into or
manufactured in Jersey excise duty at the rate of –
(i) £39.13 per hectolitre of beer
not exceeding 4.9 per cent volume, and
(ii) £58.86 per hectolitre of beer
exceeding 4.9 per cent volume.
4 Other
alcoholic beverages
There shall be charged on the
following alcoholic beverages imported into or produced in Jersey excise duty
at the following rates –
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(a) on cider not exceeding 4.9 per
cent volume
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£39.13 per hectolitre
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(b) on any other cider
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£58.86 per hectolitre
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(c) on any alcoholic beverage other than
wines, beer or cider exceeding 1.2 per cent volume but not exceeding 5.5 per
cent volume
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£19.90 per litre of alcohol
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There shall be charged on all
tobacco imported into or grown, produced or manufactured in Jersey excise duty
at the following rates –
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(a) on unprocessed tobacco
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£123.85 per kilogramme
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(b) on cigars
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£134.00 per kilogramme
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(c) on cigarettes
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£167.58 per kilogramme
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(d) on hand-rolling tobacco
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£142.43 per kilogramme
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(e) on other types of processed tobacco
not included in paragraphs (b) to (d)
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£129.69 per kilogramme”.
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(1) There shall be charged on hydrocarbon oil
imported or delivered into or produced in Jersey excise duty at the following
rates –
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(a) on
higher octane ultra low sulphur petrol
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£38.20 per hectolitre
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(b) on
all other ultra low sulphur petrol
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£36.70 per hectolitre
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(c) on
ultra low sulphur diesel
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£36.70 per hectolitre
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(d) on
all other types of hydrocarbon oil
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£39.70 per
hectolitre.
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(2) For the purposes of this
paragraph –
(a) petrol is ‘higher octane’ if its
research octane number is not less than 96 and its motor octane number is not
less than 86;
(b) ‘ultra low sulphur petrol’ means
unleaded petrol the sulphur content of which does not exceed 0.005per cent by
weight;
(c) ‘ultra low sulphur diesel’ means
gas oil the sulphur content of which does not exceed 0.005per cent by weight.
7 Vehicle Registration Duty
There shall be charged on all
motor vehicles on the first occasion when they are required to be registered
under Article 4 of the Motor Vehicle
Registration (Jersey) Law 1993 excise duty at the following rates –
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Cylinder capacity of
engine of motor vehicle
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Rate of duty
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Less than 126 cubic centimetres
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£30
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126-500 cubic centimetres
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£60
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501-1000 cubic centimetres
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£125
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1001-1400 cubic centimetres
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£375
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1401-1800 cubic centimetres
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£625
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1801-2000 cubic centimetres
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£940
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2001-2500 cubic centimetres
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£1,250
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2501-3000 cubic centimetres
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£1,875
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3001-3500 cubic centimetres
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£2,500
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More than 3500 cubic centimetres
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£3,125”.
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[1] Volume 1961-1962, pages 197 and 443,
Volume 1963-1965, pages 97, 143, 178, 189, 423 and 454, Volume 1966-1967, page
523, Volume 1968-1969, pages 38 and 219, Volume 1970-1972, pages 209, 305 and
382, Volume 1973-1974, page 275, Volume 1975-1978, pages 47, 148 and 257,
Volume 1979-1981, pages 16, 157, 297 and 383, Volume 1982-1983, page 46,
Volume 1984-1985, page 76, Volume 1986-1987, pages 192 and 208, Volume
1988-1989, pages 222 and 380, Volume 1990-1991, pages 96, 432 and 1088, Volume
1992-1993, pages 36 and 121, Volume 1994-1995, pages 220 and 366, Volume
1996-1997, pages 264, 643 and 652, Volume 1998, pages 3 and 259, Volume 1999,
pages 209, 390, 403 and 418, Volume 2000, page 290, Volume 2001, pages 123 and
145 and Volume 2003, page 239.
[2] Volume 1999, page 537, Volume 2001, pages
11 and 146, Volume 2002, page 429 and Volume 2003, pages 228 and 355.
[3] Volume 1999, page 580 and Volume 2003,
page 228.
[4] Volume 1992-1993, page 416 and Volume
1994-1995, page 296.
[5] Volume 1999, page 610, Volume 2002, page
429 and Volume 2003, page 230.
[6] Volume 1998, page 113, Volume 2003, page 232 and R&Os 9469 and
9441.