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Taxation (Companies - Economic Substance) (Jersey) Law 201-

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 19 October 2018:

MINISTERIAL DECISION REFERENCE:    MD-ER-2018-0037

DECISION SUMMARY TITLE:  The Taxation (Companies - Economic Substance) (Jersey) Law 201-

DECISION SUMMARY AUTHOR:

Deputy Comptroller of Taxes

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:  The Taxation (Companies - Economic Substance) (Jersey) Law 201-

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: 

Deputy Comptroller of Taxes

IS THE REPORT PUBLIC OR EXEMPT

Public

DECISION AND REASON FOR THE DECISION:

Following a screening process undertaken by the EU’s Code of Conduct Group (Business Taxation) (“COCG”), the COCG expressed concerns about Jersey’s possible compliance with the criteria regarding a “legal substance requirement for entities doing business in or through the jurisdiction”.  In response, Jersey made a political commitment to address these concerns by the end of December 2018.

 

The Government of Jersey has been working closely with the governments of the Isle of Man and Guernsey to collectively develop proposals to address the concerns raised by the COCG regarding economic substance. This work has included dialogue with the European Commission and the COCG both in plenary sessions and bilateral meetings.  Discussions have also taken place with individual EU Member States (this work being co-ordinated by the Channel Islands Brussels Office) and with the OECD Global Forum and the FHTP.

 

In August 2018 a consultation document was issued entitled “Consultation on the introduction of substance requirements for companies tax resident in Jersey”, which summarised Jersey’s outline proposal regarding the introduction of substance requirements and sought feedback from interested parties.

 

Following the conclusion of the consultation, draft legislation was prepared (the Taxation (Companies– Economic Substance) (Jersey) Law 201-) and provided to the COCG, in order for the content of that draft legislation to be considered at meeting of the COCG in September and October 2018.

 

Having considered the feedback from the COCG, the Minister has lodged the legislation so that it can be debated in the States sitting which commences on 4 December 2018.

 

RESOURCE IMPLICATIONS: 

Administration of the Economic Substance Law by the Taxes Office will require a sum of £50,000 in 2019 for systems upgrades.  Further resources in terms of staff costs will also be needed from 2020 onwards in order to build a team within the Taxes Office focussed on compliance activities around Economic Substance; this figure has yet to be finalised but will be determined and included within the expenditure plans shown in the Government Plan.

 

ACTION REQUIRED: 

The Greffier of the States to be requested to arrange for the Projet to be lodged ‘au Greffe’ with a request for debate in the States sitting which commences on 4 December 2018.

 

 

 

SIGNATURE:

 

 

SENATOR IAN GORST

POSITION:

 

 

MINISTER FOR EXTERNAL RELATIONS

 

 

DATE SIGNED     

EFFECTIVE DATE OF THE DECISION (if different)

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