Finance (2011 Budget) (Jersey) Law 2011


Finance (2011 Budget) (Jersey) Law 2011

A LAW to set the rate of income tax for 2011 and to amend the Income Tax (Jersey) Law 1961, the Goods and Services Tax (Jersey) Law 2007, the Customs and Excise (Jersey) Law 1999, the Stamp Duties and Fees (Jersey) Law 1998 and the Taxation (Land Transactions) (Jersey) Law 2009

Adopted by the States                                          10th December 2010

Sanctioned by Order of Her Majesty in Council    12th October 2011

Registered by the Royal Court                                 21st October 2011

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Standard rate of income tax for 2011

There shall be levied and charged in Jersey for the year 2011, in accordance with, and subject to the provisions of, the Income Tax (Jersey) Law 1961[1], income tax at the standard rate of 20 pence in the pound.

2        Income tax exemption thresholds

(1)     In Article 92A of the Income Tax (Jersey) Law 1961 –

(a)     for paragraphs (2) and (3) there shall be substituted the following paragraph –

“(2)    Subject to paragraphs (4), (5), (8) and (9) and Article 92B, where an individual proves, for the year of assessment –

(a)     that he has his wife living with him; or

(b)     that his wife is wholly maintained by him during the year of assessment and that he is not entitled, in computing the amount of his income for that year for the purposes of this Law, to make any deductions in respect of sums paid for the maintenance of his wife,

the threshold applicable in his case is –

(i)      if the individual also proves that, at the commencement of the year of assessment, either he or his wife was of the age of 63 years or more, £23,480;

(ii)      in any other case, £20,510.”;

(b)     for paragraphs (6) and (7) there shall be substituted the following paragraph –

“(6)    Subject to paragraphs (8) and (9) and Article 92B, the threshold applicable in the case of an individual to whom, for the year of assessment, paragraph (2) does not apply is –

(a)     where the individual proves that, at the commencement of the year of assessment, he or she was of the age of 63 years or more, £14,270;

(b)     in any other case, £12,790.”.

(2)     This Article shall have effect for the year of assessment 2011 and ensuing years.

3        Rate of goods and services tax

(1)     In Article 8(1) of the Goods and Services Tax (Jersey) Law 2007[2] for the rate “3%” there shall be substituted the rate “5%”.

(2)     This Article shall come into force on 1st June 2011.

4        Excise duty: alcohol

In Part 2 of Schedule 1 to Customs and Excise (Jersey) Law 1999[3] for the amount specified in column 2 of the table in respect of goods specified in column 1 there shall be substituted the amount specified in column 3 of the table –

 

1

Paragraph

2

Existing amount

3

Substituted amount

1        Spirits

 

 

(a)     small independent distiller

£11.72

£12.45

(b)     all other

£23.43

£24.88

2        Wines

 

 

Exceeding 1.2% volume but not exceeding 5.5% volume

£57.06

£60.60

Exceeding 5.5% volume but not exceeding 15% volume

£149.75

£159.03

Exceeding 15% volume but not exceeding 22% volume

£183.51

£194.89

Exceeding 22% volume

£23.43

£24.88

3        Beer

 

 

(a)     small independent brewer, beer –

 

 

          (i)  not exceeding 4.9% volume

£24.74

£26.27

          (ii) exceeding 4.9% volume

£37.22

£39.53

(b)     all other, beer –

 

 

          (i)  not exceeding 4.9% volume

£49.47

£52.54

          (ii) exceeding 4.9% volume

£74.44

£79.06

4        Cider

 

 

(a)     small independent cider-maker, cider –

 

 

          (i)  not exceeding 4.9% volume

£23.15

£24.59

          (ii) exceeding 4.9% volume

£34.83

£36.99

(b)     all other, cider –

 

 

          (i)  not exceeding 4.9% volume

£46.31

£49.18

          (ii) exceeding 4.9% volume

£69.65

£73.97

5        Other alcoholic beverages

£23.43

£24.88.

5        Excise duty: tobacco

In Part 2 of Schedule 1 to Customs and Excise (Jersey) Law 1999 for the amount specified in column 2 of the table in respect of goods specified in column 1 there shall be substituted the amount specified in column 3 of the table –

 

1

Paragraph

2

Existing amount

3

Substituted amount

6        Tobacco

 

 

(a)     unprocessed tobacco

£163.74

£181.92

(b)     cigars

£177.17

£196.84

(c)     cigarettes

£221.55

£246.14

(d)     hand-rolling tobacco

£188.31

£209.21

(e)     other types of processed tobacco

£171.48

£190.51.

6        Excise duty: hydrocarbon oil

In Part 2 of Schedule 1 to Customs and Excise (Jersey) Law 1999 for the amount specified in column 2 of the table in respect of goods specified in column 1 there shall be substituted the amount specified in column 3 of the table –

 

1

Paragraph

2

Existing amount

3

Substituted amount

7(1)   Hydrocarbon oil

 

 

(a)     higher octane ultra low sulphur petrol

£42.61

£44.70

(b)     all other low sulphur petrol

£40.92

£42.93

(c)     ultra low sulphur diesel

£40.92

£42.93

(d)     all other types of hydrocarbon oil

£44.27

£46.44.

7        Stamp duty and land transactions tax: land and buildings

(1)     In Part 1 of the Schedule to the Stamp Duties and Fees (Jersey) Law 1998[4], in items 13(a), 13(c), 13(h), 13(j), 13(k), 13(l)(2) and 13(n)(A) for clause (v) there shall be substituted the following clauses –

 

 

“(v)    exceeds £700,000 but does not exceed £1,000,000

£13,000 in respect of the first £700,000, plus £3 for each £100 or part of £100 in excess thereof

Contract

Greffier

 

(vi)     exceeds £1,000,000 but does not exceed £1,500,000

£22,000 in respect of the first £1,000,000 plus £3.50 for each £100 or part of £100 in excess thereof

Contract

Greffier

 

(vii)    exceeds £1,500,000 but does not exceed £2,000,000

£39,500 in respect of the first £1,500,000 plus £4 for each £100 or part of £100 in excess thereof

Contract

Greffier

 

(viii)   exceeds £2,000,000

£59,500 in respect of the first £2,000,000 plus £5 for each £100 or part of £100 in excess thereof

Contract

Greffier”.

 

(2)     In the Schedule to the Taxation (Land Transactions) (Jersey) Law 2009[5] –

(a)     for paragraph 2(1) there shall be substituted the following sub-paragraph –

“(1)    Except as otherwise provided in the following provisions of this Schedule, LTT shall be charged on the value of a transaction described in Article 3(1)(a) or (b) at the rate of £60 plus, where the value of the transaction –

(a)     does not exceed £50,000 –

50p for each £100 or part of £100 subject to a minimum of £10;

(b)     exceeds £50,000 but does not exceed £300,000 –

£250 in respect of the first £50,000, plus £1.50 for each £100 or part of £100 in excess thereof;

(c)     exceeds £300,000 but does not exceed £500,000 –

£4,000 in respect of the first £300,000, plus £2 for each £100 or part of £100 in excess thereof;

(d)     exceeds £500,000 but does not exceed £700,000 –

£8,000 in respect of the first £500,000, plus £2.50 for each £100 or part of £100 in excess thereof;

(e)     exceeds £700,000 but does not exceed £1,000,000 –

£13,000 in respect of the first £700,000, plus £3 for each £100 or part of £100 in excess thereof;

(f)      exceeds £1,000,000 but does not exceed £1,500,000 –

£22,000 in respect of the first £1,000,000 plus £3.50 for each £100 or part of £100 in excess thereof;

(g)     exceeds £1,500,000 but does not exceed £2,000,000 –

£39,500 in respect of the first £1,500,000 plus £4 for each £100 or part of £100 in excess thereof;

(h)     exceeds £2,000,000 –

£59,500 in respect of the first £2,000,000 plus £5 for each £100 or part of £100 in excess thereof.”.

(b)     in paragraphs 3, 3A(3)(a), 3A(3)(b)(i), 4(3), 5(2) and 9, for the amount “£50” there shall be substituted the amount “£60”;

(c)     in paragraphs 6(2) and 7(2) for the amount “£60” there shall be substituted the amount “£70”;

(d)     in paragraph 8 for the amount “£100” there shall be substituted the amount “£120”.

(3)     This Article shall come into force on 1st June 2011.

8        Stamp duty: wills devising immovable property

(1)     In Part 1 of the Schedule to the Stamp Duties and Fees (Jersey) Law 1998 in item 46(1) for sub-paragraph (e) there shall be substituted the following sub-paragraphs –

 

 

“(e)    exceeds £700,000 but does not exceed £1,000,000

£13,000 in respect of the first £700,000, plus £3 for each £100 or part of £100 in excess thereof

Application

Greffier

 

(f)      exceeds £1,000,000 but does not exceed £1,500,000

£22,000 in respect of the first £1,000,000 plus £3.50 for each £100 or part of £100 in excess thereof

Application

Greffier

 

(g)     exceeds £1,500,000 but does not exceed £2,000,000

£39,500 in respect of the first £1,500,000 plus £4 for each £100 or part of £100 in excess thereof

Application

Greffier

 

(h)     exceeds £2,000,000

£59,500 in respect of the first £2,000,000 plus £5 for each £100 or part of £100 in excess thereof

Application

Greffier”.

(2)     This Article shall come into force on 1st June 2011.

9        Stamp duty: court fees

(1)     In Part 1 of the Schedule to the Stamp Duties and Fees (Jersey) Law 1998, for the amount specified in column 2 of the following table in respect of an item specified in column 1 of the table there shall be substituted the amount specified in column 3 of the table –

 

1

Item

2

Existing amount

3

Substituted amount

1 Acknowledgement of debt on table or au Greffe

 

 

1(ba)(i)

£50

£60

1(ba)(ii)(I)

£50

£60

1(d)

£50

£60

Paragraph (A) of the proviso to 1

£50

£60

Paragraph (B) of the proviso to 1

£5

£6

2(1) Actions in the Petty Debts Court

 

 

2(1)(a)

£6

£7

2(1)(b)

£15

£18

2(1)(c)

£20

£24

2(1)(d)

£30

£36

2(1)(da)

£40

£48

2(1)(e)

£25

£30

2(1)(f)

£25

£30

2(1)(g)

£25

£30

2(1)(h)

£25

£30

2(2) Actions in the Royal Court

 

 

2(2)(a)

£50

£60

2(2)(b)

£50

£60

2(2)(c)

£50

£60

2(2)(d)

£50

£60

2(2)(e)(i)

£300

£309

2(2)(e)(ii)

£1,000

£1,030

2(2)(f)

£25

£30

3 Act of the Court registered in the register of obligations

£25

£30

4 Adoption

£50

£60

5 Application or declaration not otherwise provided for

£50

£60

6 Arbitration before Greffier

£200

£240

7 Arrest of debtor (saisie)

 

 

7(a)

£200

£240

7(b)

£50

£60

7(c)

£50

£60

7(d)

£200

£240

8 Authority to practise

£100

£120

9 Casier judiciaire

£50

£60

10 Caveat in relation to the passing of a contract transferring immovable property

 

 

10(a)

£50

£60

10(b)

£50

£60

11 Cession

£50

£60

13 Contracts

 

 

13(d1)

£50

£60

13(o)

£50

£60

13(p)

£50

£60

13(q)

£50

£60

13(r)

£50

£60

13(s)

£50

£60

13(t)

£50

£60

13(u)

£50

£60

14 Loi (1991) sur la copropriété des immeubles bâtis

 

 

14(a)

£150

£180

14(b)

£75

£90

15 Copy of act or other document

 

 

15(a)

£10

£12

15(c)

£25

£30

16 Deed poll

£50

£60

17 Dégrèvement

 

 

17(a)

£50

£60

17(b)

£200

£240

17(c)

£50

£60

18 Désastre

 

 

18(a)

£100

£120

18(b)(i)

£100

£120

18(b)(ii)

£50

£60

18(b)(iii)

£200

£240

18(b)(iv)

£50

£60

18(b)(v)

£100

£120

18(b)(vi)

£100

£120

19 Distraint (arrêt)

 

 

19(a)

£200

£240

19(b)(i)

£50

£60

19(b)(ii)

£50

£60

19(c)

£50

£60

19(d)

£100

£120

19(e)

£200

£240

20 Documents (including wills) lodged au Greffe

£50

£60

21 Enrolment of acts and other documents au Greffe

£25

£30

22 Evidence of witness taken in writing before Viscount or Greffier

 

 

22(a)

£200

£240

22(b)

£6

£7

23 Extracts or copies from Public Registry

 

 

23(a)(ii)

£25

£30

23(b)(i)

£250

£300

23(b)(ii)

£150

£180

23(b)(iii)

£150

£180

23(b)(iv)

£100

£120

23(b)(v)

£300

£360

24 Guardian ad litem

£25

£30

25 Judgment debts

£200

£240

26 Judgments, registration of

 

 

26(a)

£100

£120

26(b)

£25

£30

27 Legitimacy (Jersey) Law 1973

£100

£120

28 Licensing (Jersey) Law 1974

£50

£60

29 Jersey Gas Company (Jersey) Law 1989

 

 

29(a)

£120

£144

29(b)(i)

£3

£4

29(b)(ii)

£8

£10

29(c)(i)

25p

30p

29(c)(ii)

£10

£12

30 Mental Health (Jersey) Law 1969

 

 

30(a)

£50

£60

30(b)

£50

£60

30(c)

£50

£60

30(d)

£50

£60

31 Orders of justice and provisional orders

 

 

31(a)

£50

£60

31(b)(i)

£50

£60

31(b)(ii)

£25

£30

32 Patents and designs

 

 

32(a)

£85

£102

32(b)(i)

£25

£30

32(b)(ii)

£50

£60

32(c)(iii)

£25

£30

32A Political Parties (Registration) (Jersey) Law 2008

 

 

32A(a)

£50

£60

32A(b)

£50

£60

33 Power of attorney

 

 

33(a)

£25

£30

33(b)

£25

£30

34 Prisoner for debt (production before court)

£200

£240

35 Réalisation

 

 

35(a)

£50

£60

35(b)

£200

£240

36 Remonstrance, representation or doléance

 

 

36(a)

£50

£60

36(b)

£300

£360

37 Searches au Greffe

 

 

37(a)

£25

£30

37(b)

£10

£12

38 Hearing of summons

 

 

38(a)

£25

£30

38(b)

£300

£360

38(c)

£200

£240

39 Service or attempted service of summons by Viscount

 

 

39(a)

£50

£60

39(b)

£200

£240

39(c)

£25

£30

39(d)

£25

£30

39(e)

£200

£240

39(f)

£100

£120

40 Service of summons

£50

£60

41 Taxation of costs by Greffier

£37.50

£45

42 Expulsion of refractory tenants

 

 

42(a)(i)

£50

£60

42(a)(ii)

£50

£60

42(b)

£200

£240

42(c)

£200

£240

43 Trusts and corporations

£50

£60

44 Vue de justice

 

 

44(a)

£100

£120

44(b)

£50

£60

44(c)

£200

£240

44(d)

£50

£60

44(e)

£200

£240

44(e)

£500

£600

45 Vue de Vicomte

 

 

45(a)

£50

£60

45(b)

£50

£60

45(c)

£200

£240

45(d)

£50

£60

45(e)

£200

£240

45(e)

£500

£600

46 Wills devising immovable property

 

 

46(1)(a)

£10

£12

46(2)(a)

£50

£60

46(2)(b)

£150

£180

47 Children (Jersey) Law 2002

 

 

47(a)

£90

£125

47(b)

£90

£125

47(c)

£90

£125

47(d)

£90

£125

47(e)

£90

£125

47(f)

£90

£125.

(2)     In Part 1 of the Schedule to the Stamp Duties and Fees (Jersey) Law 1998 for item 47(g) and (h) there shall be substituted the following item –

 

“(g)

An application made on Form C2 in the Children Rules 2005

£125

Application

Greffier”.

(3)     For Part 2 of the Schedule to the Stamp Duties and Fees (Jersey) Law 1998 there shall be substituted the following Part –

“PART 2

FEES IN MATRIMONIAL CAUSES

 

Item

Stamp Duty

Chargeable Document

Designated Officer

1.

APPLICATION FOR LEAVE to file petition

£250

The application

Greffier

2.

INSTITUTING PROCEEDINGS

to include filing petition, including all documents for service, issuing and renewing Greffier’s certificate and hearing an undefended cause –

 

 

 

(a)

following grant of application for leave to file petition

£100

The petition

Greffier

(b)

in any other case

£250

The petition

Greffier

3.

FILING AMENDED OR SECOND OR SUBSEQUENT PETITION

£80

The petition

Greffier

4.

FILING ANSWER TO PETITION or cross-petition

£120

The answer

Greffier

5.

HEARING DEFENDED CAUSE - for each half day or part of a half day

£360

The Billet

Greffier

6.

APPLYING FOR DECREE ABSOLUTE (to include issue of one copy)

£40

The application

Greffier

7.

ORIGINATING APPLICATION, SUMMONS OR NOTICE OF INTENTION TO PROCEED WITH APPLICATION FOR ANCILLARY RELIEF –

 

 

 

(a)

Application for consent order

£40

The application

Greffier

(b)

application other than for consent order – filing summons or Form 16, fixing date, signing copy for service for preliminary directions hearing

£125

The summons or notice

Greffier

(c)

Any application, summons or notice of intention to proceed with application for ancillary relief not falling within (a) or (b)

£80

The summons or notice

Greffier

8.

CONTESTED HEARING BEFORE THE COURT for each half day or part of a half day

£360

The summons

Greffier

9.

FILING NOTICE OF APPEAL against Registrar’s decision

£125

The Notice of Appeal

Greffier

10.

APPEALS, hearing by the Court of any appeal from an order of the Greffier, for each half day or part of a half day

£360

The Billet

Greffier

11.

COMMISSION FOR EXAMINATION OF WITNESSES ABROAD, issue of

£60

The application

Greffier

12.

LETTERS OF REQUEST –

 

 

 

(a)

for service of process out of Jersey

£60

The undertaking

Greffier

(b)

for the examination of witnesses abroad

£60

The undertaking

Greffier

13.

EVIDENCE –

 

 

 

(a)

taking of in writing by Viscount, for each half day or part or a half day

£240

The deposition

Greffier

(b)

Copy of transcript of, for each page

£7

Transcript

Greffier

14.

SERVICE OR ATTEMPTED SERVICE BY VISCOUNT, each party served (or attempted to serve)

At discretion of Viscount subject to a maximum of £120

The record

Viscount

15.

TAXING BILL OF COSTS, for each half hour

£45

The bill

Greffier

16.

COPY Decree Nisi, Decree Absolute or other Act of Court, Memorandum of Agreement or other document, for each Act or document

£30

Copy

Greffier”.

 

(4)     In Part 3 of the Schedule to the Stamp Duties and Fees (Jersey) Law 1998, for the amount specified in column 2 of the following table in respect of an item specified in column 1 of the table there shall be substituted the amount specified in column 3 of the table –

 

1

Item

2

Existing amount

3

Substituted amount

1 Actions

 

 

1(a)

£50

£60

1(b)

£300

£360

2 Caveats

£50

£60

3 Copies

 

 

3(b)

£10

£12

3(c)

£25

£30

4 Document

£50

£60

5 Evidence

 

 

5(a)

£200

£240

5(b)

£6

£7

6 Order of justice

£50

£60

7 Applications

£300

£360

8 Interventions or oppositions

£50

£60

9 Probate or letters of administration

 

 

9(2)(a)

£50

£60

9(2)(b)

£150

£180

10 Representations to the Court

 

 

10(a)

£50

£60

10(b)

£300

£360

11 Searches

£25

£30

12 Summonses

 

 

12(a)

£50

£60

12(b)

£50

£60

13 Trust corporations

£500

£600

14 Viscount as administrator

 

 

14(a)

£200

£240

14(b)

£100

£120

14(d)

£200

£240.

10      Citation and commencement

(1)     This Law may be cited as the Finance (2011 Budget) (Jersey) Law 2011.

(2)     Save as provided in Articles 3, 7 and 8 this Law shall come into force on 1st January 2011.

m.n. de la haye

Greffier of the States

 


 



[1]                                    chapter 24.750

[2]                                    chapter 24.700

[3]                                    chapter 24.660

[4]                                    chapter 24.960

[5]                                    chapter 24.980


Page Last Updated: 27 Apr 2016