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Taxes Office: Commissioners of Appeal: Two Re-Appointments

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 June 2013:

Decision Reference:  MD-TR-2013-0046

Decision Summary Title:

Re-appointment of two Commissioners of Appeal for the Taxes Office

Date of Decision Summary:

19 June 2013

Decision Summary Author:

Acting Deputy Comptroller of Taxes

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Re-appointment of two Commissioners of Appeal for the Taxes Office

Date of Written Report:

19 June 2013

Written Report Author:

Acting Deputy Comptroller of Taxes

Written Report :

Public or Exempt?

Public

Subject:

 Report and proposition on the re- appointment of two Commissioners of Appeal for the Taxes Office

Decision(s):

The Minister approved the report and proposition on the re-appointment of two Commissioners of Appeal for the Taxes Office and requested that it be lodged ‘au Greffe’ at the earliest opportunity.

Reason(s) for Decision: 

To enable the report and proposition on the re- appointment of two Commissioners of Appeal for the Taxes Office to be lodged ‘au Greffe.’

Resource Implications:

There are no financial and/or staffing implications.

Action required:  

Business Manager to forward the report and proposition to the Greffier of the States and request that it be lodged ‘au Greffe’ at the earliest opportunity.

Signature:

 

 

 

Position: Senator P F C Ozouf, Minister for Treasury and Resources

                 

 

Date Signed:

Date of Decision:

 

Taxes Office: Commissioners of Appeal: Two Re-Appointments

THE STATES are asked to decided whether they are of opinion

 

 In accordance with Article 10 of the Income Tax (Jersey) Law 1961, as amended, to approve the appointment of the following as Commissioners of Appeal for the Taxes Office for the periods stated -

 

 

   Mr Philip Barber (3 years)

 

  Ms Jacqueline Collins (4 years)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


REPORT

 

 

The Commissioners of Appeal were created when income tax was first introduced in Jersey by the Loi autorisant une Taxe sur le Revenu. This law was approved by the States of Jersey on 10th April in 1928 and sanctioned by the Privy Council on 15th June 1928.

 

The Commissioners are completely independent of the Taxes Office. They exist at the first point of appeal for a taxpayer who is in dispute with the Comptroller of Taxes. They hear appeals in private and their decisions are not published. Appeals against their decisions, whether on findings of fact or on points of law, can be heard before the Inferior Number of the Royal Court, sitting in camera. Commissioners do not receive any payment for their services, nor are they reimbursed for incidental expenses to enable them to carry out their duties.

 

Article 10 of the Income Tax (Jersey) Law 1961, as amended, requires that they ‘be chosen from residents in the Island experienced in financial matters, who are not actively interested in any trade, business or profession carried out in the Island’.

 

The Minister is pleased to recommend the following candidates for re-appointment to the role of Commissioner of Appeal.

 

Ms. Jacqueline Collins

Ms. Collins is a fellow of the Institute of Chartered Accountants and formerly a partner at Russell Limebeer and Director of Sierre Trust Company until retiring in 2002. Ms Collins is currently a Trustee of the Jersey Educational Trust and a Director of the trust’s property company and St George’s Preparatory School Limited. She had previously been a member of the Social Security Advisory Council. Ms Collins has currently been a Commissioner for 9 years.

Philip Barber

Mr. Barber retired as a Corporate Banking Manager of HSBC Bank in May 2003 after a career spanning more than 40 years with Midland Bank then HSBC, in a number of areas of expertise and senior positions both in Jersey and the U.K. Mr. Barber is the Honorary Treasurer of the local branch of the RNLI and has been Treasurer of the Royal Jersey Golf Club and the United Club amongst others. Mr Barber has currently been a Commissioner for 9 years.

Financial and manpower implications

There are no financial or manpower implications for the States arising from this proposition as Commissioners do not receive any payment for their services.

 

 

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