Income Tax (Amendment No. 41) (Jersey) Law 201- (P.104/2012)

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 November 2012:

Decision Reference: MD-TR-2012-0101
Decision Summary Title:	Draft Income Tax (Amendment No. 41) (Jersey) Law 201- (P.104/2012): Amendment		Date of Decision Summary:	15 November 2012
Decision Summary Author:	Director of Tax Policy		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Draft Income Tax (Amendment No. 41) (Jersey) Law 201- (P.104/2012): Amendment		Date of Written Report:	15 November 2012
Written Report Author:	Director of Tax Policy		Written Report : Public or Exempt?	Public
Subject: Amendment to Draft Income Tax Amendment No. 41.
Decision(s): The Minister approved the Draft Income Tax (Amendment No. 41) (Jersey) Law 201- (P.104/2012): Amendment for lodging “au Greffe”
Reason(s) for Decision: Following representations received following the lodging ‘au Greffe’ of Draft Income Tax (Amendment No. 41) (Jersey) Law 201- the Minister approved the following proposed changes to the distribution rules contained in Part 2 of that Amendment: creation of a “simplified basis” of taxation of company distributions which can be accessed by taxpayers by way of an election; removal of the repayment of commercial loans to trading companies (or companies in a trading group) from the definition of “distribution”; and a number of small amendments to clarify the rules and ensure that they work as anticipated.
Resource Implications: There are no financial and manpower implications associated with the proposed changes.
Action required: The Greffier of the States is requested to lodge “au Greffe” the Draft Income Tax (Amendment No. 41) (Jersey) Law 201- (P.104/2012): Amendment on Tuesday 20 November 2012, together with the Report, with a request for debate on 4 December 2012.
Signature:		Position: Senator P F C Ozouf, Minister for Treasury and Resources
Date Signed:		Date of Decision: