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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Tax evasion prosecutions (FOI)

Tax evasion prosecutions (FOI)

Produced by the Freedom of Information office
Authored by States of Jersey and published on 06 May 2015.
Prepared internally, no external costs.

​Request

How many prosecutions have been made in respect of the tax evasion law each year since it was introduced?

Response

Part 22 of the Income Tax (Jersey) Law, 1961 contains within it Article 136 and Article 137 which relate to penalties for failing to deliver statements or for fraudulently or negligently making incorrect statements.

It has always been the Comptroller’s policy to recommend prosecution in cases of fraud and Article 137 of the Income Tax Law sets out the fines which can be imposed by the Court in such cases. In August 1989 a new focussed investigation scheme was put in place within the Taxes Office. There have been 10 prosecutions since that time.

Prior to that there were two prosecutions in 1979 and 1982. According to Taxes Office records no prosecutions were made between 1982 and 1992. The Treasury and Resources Department does not hold records of prosecutions prior to 1979 (see details below).

The Comptroller has the power within the legislation 1 to accept a pecuniary settlement instead of pursuing criminal proceedings.

As an indication of how this power is used the total number of settlements which includes tax lost, penalties and surcharge, for the years 2010 to 2014 is as follows:

Year

Number of cases

 

Income

 

Tax

 

Penalties/Interest

 

Settlement

2010

293

£15,075,888

£1,812,975

£337,746

£2,150,721

2011

331

£12,241,049

£1,573,114

£281,939

£1,855,053

2012

330

£9,468,347

£1,708,353

£365,386

£2,073,739

2013

287

£11,821,163

£2,059,302

£127,816

£2,187,118

2014

226

£10,171,057

£1,680,117

£118,976

£1,799,093

 

1Article 137(4) Income Tax (Jersey) Law, 1961

Justification for not providing information


Article 10 Obligation of scheduled public authority to confirm or deny holding information.


 

(1) Subject to paragraph (2), if:

(a) a person makes a request for information to a scheduled public authority; and

(b) the authority does not hold the information,

it must inform the applicant accordingly.

Freedom of Information (Jersey) Law 2011

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