Finance (2020 Budget) Jersey Law 2020
No appeal if no return
Where a tax return has not been filed by a taxpayer an assessment will be raised by Revenue Jersey.
appeal can be made against this assessment, because no return has been filed. If a return is subsequently filed, the first assessment will then be set aside.
The rules around the taxation of money lenders have been clarified to provide greater certainty for those engaging in
Sharia financing transactions.
Shariah compliant funding
Personal income tax amendments
Income tax exemption thresholds
The standard exemption threshold increased from £15,400 to £15,900.
The married or civil partnership exemption threshold increased from £24,800 to £25,550.
Second earner's allowance
Second earner's allowance increased from £6,000 to £6,250.
2020 tax allowances and reliefs
Child care tax relief
The child care tax relief income disregard increased to £6,250 (the amount equal to second earner's allowance.
Child care tax relief now includes ISV income as qualifying income.
The long-term care rate has been increased to 1.5%.
ITIS maximum rates
Due to the increase in the long-term care rate the maximum amounts for the calculation of the ITIS rate are:
- no arrears 22%
- 1 year of arrears 27%
- 2 years of arrears 32%
- 3 of more years of arrears 37%
Removing the obligation to provide paperwork
Many of the existing obligations on taxpayers to provide evidence or papers supporting income tax returns has been removed, to support the move to online filing for personal taxpayers in 2020.
In future, Revenue Jersey will usually only seek additional evidence from taxpayers on a case by case basis.
Benefit in kind returns
Penalties for late returns have been extended to benefit in kind (BIK) returns, although penalties for BIK returns won't be issued in 2020.
A late-filing penalty has been introduced for those (few) employers who may choose to file ITIS returns annually.
The Comptroller is given discretion not to serve a penalty notice.
The default rate has been increased to 22%.
New requirement for a body corporate to notify Revenue Jersey
Bodies corporate that either:
become Jersey resident; or
gain a Jersey source of income
are now required to notify the Comptroller within 6 months of the date the entity becomes liable to Jersey income tax.
Requirement to provide financial statements
All Jersey resident companies and all companies with a Jersey permanent establishment now have an obligation to provide financial statements.
This obligation arises out of the recent work on economic substance.
Economic substance for companies
Following the removal of the requirement for a person to be chargeable to income tax when requiring a tax return to be delivered, from 2019 the following entities are now required to file a corporate income tax return:
Jersey-incorporated companies (whether or not tax-resident in Jersey)
- foreign incorporated companies that are tax-resident in Jersey
- foreign incorporated companies with a permanent establishment in Jersey
Filing deadlines and penalties will also apply.
Required to file a return
The Income Tax Law has been strengthened to ensure that:
Jersey incorporated entities that are not managed and controlled in Jersey
are required to file a tax return in Jersey.
This is important for ensuring compliance with the related Economic Substance legislation.
Payment on account for companies
The requirement to notify the Comptroller if the estimated payment on account amount is zero now only applies to ‘large’ companies (those with a tax liability exceeding £500,000 for each of the previous two years of assessment).
The existing practice for the commutation of certain pensions whereby the 30% commutation has to be in the form of a lump sum has been clarified.
The GST de-minimis is reduced from £240 to £135, effective from 1 July 2020.
Land transaction tax
The law has been amended to mandate electronic returns of Land Transaction Tax (LTT) from 1 January 2022, aligning with the existing requirements for property transactions subject to Stamp Duty.
This will enable legal professionals to return and pay both LTT and Stamp Duty in the same way.