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Taxation (Double Taxation) (Amendment No. 3) (Jersey) Regulations 201-: Lodged 'au Greffe'

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

Decision Reference: MD-C-2013-0074

Decision Summary Title :

Lodging of Taxation (Double Taxation) (Amendment No. 3) (Jersey) Regulations 201-

Date of Decision Summary:

19th July 2013

Decision Summary Author:

 

Project & Research Officer

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Taxation (Double Taxation) (Amendment No. 3) (Jersey) Regulations 201-

Date of Written Report:

19th July 2013

Written Report Author:

Adviser – International Affairs

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

N/A

Subject: Lodging of Taxation (Double Taxation) (Amendment No. 3) (Jersey) Regulations 201-.

Decision(s):  The Chief Minister agreed to lodge ‘au Greffe’ the Taxation (Double Taxation) (Amendment No. 3) (Jersey) Regulations 201- for debate by the States at the earliest opportunity.

Reason(s) for Decision: For a double taxation agreement that has been ratified by the States to have effect the entry into force date, agreed by the Parties concerned in accordance with the terms of the Agreement, must be inserted into the Schedule to the Taxation (Double Taxation) (Jersey) Regulations 2010.

Entry into force dates have been agreed by the Parties concerned for the double taxation agreements with Guernsey, the Hong Kong Special Administrative Region of the People’s Republic of China, and the Isle of Man.

The States therefore are being asked to make the Taxation (Double Taxation) (Amendment No. 3) (Jersey) Regulations 201- in order that the entry into force dates for the three jurisdictions can be included in the Schedule and thereby effect be given to the double taxation agreements

Resource Implications: There are no financial or manpower implications.

Action required: The Greffier of the States to be requested to lodge ‘au Greffe’ the Taxation (Double Taxation) (Amendment No. 3) (Jersey) Regulations 201 for debate by the States at the earliest opportunity.

Signature:

 

 

Position:

 

Chief Minister

Date Signed:

Date of Decision (If different from Date Signed):

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