Finance (2009
Budget) (Jersey) Law 2009
A LAW to set the standard rate of
income tax for 2009, to amend further the Stamp Duties and Fees (Jersey) Law
1998 and to amend further the Customs and Excise (Jersey) Law 1999.
Adopted by the States 3rd December 2008
Sanctioned by
Order of Her Majesty in Council 13th May 2009
Registered by the
Royal Court 29th
May 2009
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 2009
There shall be levied and charged in Jersey for the year 2009, 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 Stamp
Duties and Fees (Jersey) Law 1998 amended
(1) After
Article 6 of the Stamp Duties and Fees (Jersey) Law 1998 the following
Article shall be inserted –
“6A Remission
of stamp duty on Jersey Homebuy contracts
(1) The designated officer shall remit any stamp
duty (other than the stamp duty excluded by paragraph (2)) that would, but
for this Article, be chargeable under Part 1 of the Schedule on any
document if the designated officer is satisfied that the document is –
(a) a contract of sale of immovable property
that is –
(i) a
single dwelling, and
(ii) for
occupation by the relevant purchaser,
where the sale takes place
exclusively under the scheme known as Jersey Homebuy referred to in the projet
lodged au Greffe as P.74 on 21st May 2008 by the Minister for Planning and
Environment;
(b) an acknowledgement of debt where the borrowing
relates exclusively to a sale under a contract referred to in
sub-paragraph (a); or
(c) a contract under which one or more simple conventionnel hypothecs, or other security, is or are
taken to secure a debt where the borrowing relates exclusively to a sale under
a contract referred to in sub-paragraph (a).
(2) The excluded stamp duty is the duty set out
in item 1(d) or item 13(u) of Part 1 of the Schedule.”.
(2) In
Part 1 of the Schedule to the Stamp Duties and Fees (Jersey) Law 1998[2] –
(a) for
item 1(a) there shall be substituted the following paragraph –
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“(a)
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Where –
(i) the borrowing relates to a contract
of purchase falling to be charged under item 13(b) or a contract of
lease, or transfer of lease, falling to be charged under item 13(m),
(ii) the borrowing and the contract
relate to the same property,
(iii) the acknowledgement
and the contract were registered in the Public Registry and passed before the
Royal Court on the same day, and
(iv) the borrowed amount to be acknowledged does
not exceed £400,000,
if that amount –
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(A) does not exceed
£300,000
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NIL
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Billet
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Greffier
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(B) exceeds
£300,000 but does not exceed £400,000
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NIL in respect of the first £300,000 plus 25p for each
£100 or part of £100 in excess thereof, subject to a minimum of
£25
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Billet
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Greffier”;
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(b) for
item 13(b)(i) to (iv) there shall be substituted the following sub-paragraphs –
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“(i) does not exceed
£300,000
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NIL
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Contract
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Greffier
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(ii) exceeds £300,000 but does not
exceed £400,000
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NIL in respect of the first £300,000 plus £1 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
item 13(d) there shall be substituted the following paragraphs –
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“(d)
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Of creation of rente nouvelle, or
of one or more simple conventionnel hypothecs,
in association with a contract of purchase falling to be charged under
paragraph (b) of this item or in association with a contract of lease,
or transfer of lease, falling to be charged under paragraph (m) of this
item, where –
(i) the contract of creation of the rente nouvelle, hypothec or hypothecs and the
contract of purchase, lease or transfer of lease relate to the same property,
(ii) both contracts were registered in
the Public Registry and passed before the Royal Court on the same day, and
(iii) the capital value of
the rente nouvelle or the capital sum
hypothecated does not exceed £400,000,
if that value or
sum –
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(A) does not exceed
£300,000
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NIL
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Contract
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Greffier
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(B) exceeds
£300,000 but does not exceed £400,000
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NIL in respect of the first £300,000 plus 25p for each
£100 or part of £100 in excess thereof, subject to a minimum of
£25
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Contract
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Greffier
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(d1)
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Of creation of rente nouvelle, or
of one or more simple conventionnel
hypothecs, where the borrower produces to the designated officer a letter
from the Comptroller of Income Tax confirming that the relevant contracts
qualify for exemption from income tax pursuant to Article 115(a), (aa)
or (ab) of the Income Tax (Jersey) Law 1961
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£50
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Contract
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Greffier
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(d2)
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Of creation of rente nouvelle, or
of one or more simple conventionnel
hypothecs, in any case to which neither paragraph (d) nor
paragraph (d1) of this item applies
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50p for each £100 or part of £100 of the capital value
of the rente nouvelle or the capital sum
hypothecated, subject to a minimum of £10
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Contract
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Greffier”;
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(d) for
item 13(m)(i) to (iv) there shall be substituted the following sub-paragraphs –
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“(i) does not exceed
£300,000
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NIL
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Contract
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Greffier
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(ii) exceeds £300,000 but does not
exceed £400,000
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NIL in respect of the first £300,000 plus £1 for each
£100 or part of £100 in excess thereof
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Contract
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Greffier”;
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3 Customs
and Excise (Jersey) Law 1999 amended
In the Customs and Excise (Jersey) Law 1999[3], in Part 2 of
Schedule 1, for paragraphs 1 to 6 there shall be substituted the
following paragraphs –
There shall be
charged –
(a) on all spirits, produced by a small
independent distiller of spirits, which are imported into or produced or
manufactured in Jersey, excise duty at the rate of £11.72 per litre of
alcohol; and
(b) on all other spirits imported into or
produced or manufactured in Jersey, excise duty at the rate of £23.43 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% volume but not exceeding 5.5% volume
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£57.06
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Wines exceeding 5.5% volume but not exceeding 15% volume
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£149.75
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Wines exceeding 15% volume but not exceeding 22% volume
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£183.51
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Rate per litre of alcohol
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Wines exceeding 22% volume
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£23.43.
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(a) on all beer, produced by a small independent
brewer, which is imported into or produced or manufactured in Jersey, excise
duty at the rate of –
(i) £24.74
per hectolitre of beer not exceeding 4.9% volume, and
(ii) £37.22
per hectolitre of beer exceeding 4.9% volume; and
(b) on all other beer imported into or produced
or manufactured in Jersey, excise duty at the rate of –
(i) £49.47
per hectolitre of beer not exceeding 4.9% volume, and
(ii) £74.44
per hectolitre of beer exceeding 4.9% volume.
(a) on all cider, produced by a small
independent cider-maker, which is imported into or produced or manufactured in
Jersey, excise duty at the rate of –
(i) £23.15
per hectolitre of cider not exceeding 4.9% volume, and
(ii) £34.83
per hectolitre of cider exceeding 4.9% volume; and
(b) on all other cider, imported into or
produced or manufactured in Jersey, excise duty at the rate of –
(i) £46.31
per hectolitre of cider not exceeding 4.9% volume, and
(ii) £69.65
per hectolitre of cider exceeding 4.9% volume.
5 Other alcoholic beverages
There shall be charged, on
all alcoholic beverages imported into or produced or manufactured in Jersey
(other than wines, beer or cider exceeding 1.2% volume but not exceeding 5.5%
volume), excise duty at the rate of £23.43 per litre of alcohol.
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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£163.74 per
kilogramme
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(b) on cigars
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£177.17 per
kilogramme
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(c) on cigarettes
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£221.55 per
kilogramme
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(d) on hand-rolling tobacco
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£188.31 per kilogramme
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(e) on
other types of processed tobacco not included in sub-paragraphs (b) to (d)
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£171.48 per
kilogramme.”.
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4 Citation
and commencement
(1) This
Law may be cited as the Finance (2009 Budget) (Jersey) Law 2009.
(2) Articles
2 and 3 shall be deemed to come into force on 1st January 2009.
m.n. de la haye
Greffier of the States