Income Tax
(Amendment No. 32) (Jersey) Law 2009
A LAW to amend further the Income Tax
(Jersey) Law 1961, the Goods and Services Tax (Jersey) Law 2007 and the
Bankruptcy (Désastre) (Jersey) Law 1990.
Adopted by the
States 14th July 2009
Sanctioned by
Order of Her Majesty in Council 17th November 2009
Registered by the
Royal Court 4th
December 2009
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
PART 1
INTEREST RATE ON INCOME TAX REPAYMENT
1 Income
Tax (Jersey) Law 1961 amended
In Article 28 of the Income Tax (Jersey) Law 1961[1] –
(a) in
paragraph (4), for the amount “0.3%” there shall be
substituted the amount “0.03%”;
(b) after
paragraph (4) there shall be added the following paragraph –
“(5) The Minister may by Order
amend the rate of interest expressed in paragraph (4).”.
PART 2
RECOVERY OF TAX DURING BANKRUPTCY
2 Bankruptcy
(Désastre) (Jersey) Law 1990 amended
In Article 32(1)(c) of the Bankruptcy (Désastre)
(Jersey) Law 1990[2] for clause (i) there
shall be substituted the following clauses –
“(i) all
sums payable to the Health Insurance Fund under Article 25 of the Health
Insurance (Jersey) Law 1967[3] and to the Social Security
Fund under Article 41 of the Social Security (Jersey) Law 1974[4],
(ia) all
amounts due as described in Article 45(3) of the Income Tax (Jersey) Law
1961[5] and all amounts due as
described in Article 47(8) of the Goods and Services Tax (Jersey) Law 2007[6],”.
3 Income
Tax (Jersey) Law 1961 amended
For paragraph (3) of Article 45 of the Income Tax (Jersey)
Law 1961 there shall be substituted the following paragraph –
“(3) In the event of any
composition with creditors, désastre, dégrèvement,
réalisation or other bankruptcy, the following amounts shall rank for
payment pari passu with other privileged debts and in priority to all other
debts –
(a) the income tax due from the debtor for the
year in which that event occurs and for the preceding year;
(b) any amount deducted by the debtor in
accordance with Article 41B(1) and due from the debtor, in the year in
which that event occurs or in the preceding year, in accordance with
Article 41B(5);
(c) any amount deducted by the debtor in
accordance with Article 41E(1) and due from the debtor, in the year in
which that event occurs or in the preceding year, in accordance with
Article 41E(5);
(d) any amount deducted by the debtor in
accordance with paragraph 3(1) of Schedule 3A, and due from the
debtor, in the year in which that event occurs or in the preceding year in
accordance with sub-paragraph (8) of that paragraph; and
(e) any amount deducted by the debtor in
accordance with paragraph 4(2) of Schedule 3A, and due from the
debtor, in the year in which that event occurs or in the preceding year in
accordance with sub-paragraph (8) of that paragraph.”.
4 Goods
and Services Tax (Jersey) Law 2007 amended
At the end of Article 47 of the Goods and Services Tax (Jersey)
Law 2007[7] there shall be added the
following paragraphs –
“(7) Where the Royal Court has
granted –
(a) an application made by any person to place
his or her property under the control of the Court (de remettre ses biens entre
les mains de la Justice); or
(b) an application for the holding of a
bénéfice d’inventaire on the estate of any deceased person,
the autorisés or the
Viscount, as the case may be, shall pay, out of the property of such person or
the estate of such deceased person, any GST or other amount due under this Law
or the Regulations by such person, or such deceased person or his or her
estate, at the time of the granting of the application and having become due
and payable within 12 months next before that time.
(8) In the event of any composition with
creditors, désastre, dégrèvement, réalisation or
other bankruptcy, any GST or other amount due from the debtor under this Law or
the Regulations in the year in which that event occurs or in the preceding year
shall rank for payment pari passu with other privileged debts and in priority
to all other debts.”.
PART 3
CLOSING PROVISION
5 Citation
This Law may be cited as the Income Tax (Amendment No. 32)
(Jersey) Law 2009.
a.h. harris
Deputy Greffier of the States