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Taxation (Implementation) (International Tax Compliance) (United Kingdom) (Jersey) Regulations: Proposed amendment

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 27 April 2015:

Decision Reference:   MD-ER-2015-0026

Decision Summary Title :

Amendment to the Taxation (Implementation)(International Tax Compliance) (United Kingdom) (Jersey) Regulations 2014-

Date of Decision Summary:

27 April 2014

Decision Summary Author:

External Relations

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Amendment to the Taxation (Implementation)(International Tax Compliance) (United Kingdom) (Jersey) Regulations 2014-

Date of Written Report:

16 April 2014

Written Report Author:

Adviser – International Affairs

Written Report :

Public or Exempt?

Public

Subject: 

To request the Law Draftsman to prepare an Amendment to the Taxation (Implementation)(International Tax Compliance) (United Kingdom) (Jersey) Regulations 2014

Decision(s):

To request the Law Draftsman to prepare an Amendment to the Taxation (Implementation)(International Tax Compliance) (United Kingdom) (Jersey) Regulations 2014

Reason(s) for Decision:

The Minister for External Relations approved proposals for the Law Draftsman to prepare an Amendment to the Taxation (Implementation)(International Tax Compliance) (United Kingdom) (Jersey) Regulations 2014

Resource Implications:  

There are no financial or manpower implications arising from the law drafting instructions.

Action required:

The Minister for External Relations requested that the Adviser – International Affairs submit drafting instructions to the Law Draftsman’s Office.

Signature: 

 

 

 

Position: 

Minister for External Relations

Date Signed: 27 April 2015

 

 

 

Date of Decision (If different from Date Signed):

 

 

Taxation (Implementation) (International Tax Compliance) (United Kingdom) (Jersey) Regulations: Proposed amendment

Report to accompany the MD requesting an amendment to the Taxation (Implementation)(International Tax compliance) (united Kingdom) (Jersey) Regulations 2014 (“the Regulations”)

  1. As the information reporting requirements in respect of the Agreement between Jersey and the UK to improve international tax compliance, signed in London on the 22 October 2013, have become more imminent a mistake has been identified in “the Regulations” which place reporting obligations on Jersey financial institutions.

 

  1. An amendment is required to bring “the Regulations” into line with the Agreement and also the Guidance Notes that have been issued in support of the Agreement.

 

  1. Regulation 7(5) presently refers to reporting requirements when an election is made to offer an alternative reporting regime when it should have referred to reporting requirements when financial accounts information is to be sent to the Comptroller of Taxes. Regulation 7(5) therefore needs to be amended.

 

  1. A Ministerial Decision is required to request the Law Draftsman to prepare an amendment to “the Regulations”.

 

  1. There are no financial or manpower implications arising from the amendment.

 

Adviser – International Affairs

16th April 2015

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