Goods and Services Tax Regulations.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (29/06/2006) regarding Goods and Services Tax Regulations.

Subject:	Goods and Services Tax Regulations
Decision Reference:	MD-TR-2006-0084	Exempt clause(s):		n/a
Type of Report: (oral or written)	Written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		JM/01/29/06/06
Written Report – Title	JERSEY’S GOODS AND SERVICES TAX (GST) - An explanation and summary of the proposed GST Regulations for public consultation	Written report - author		Julian Morris – Fiscal Strategy Programme Manager
Decision(s): To agree to present to States Members, the business community and the general public a consultation document relating to an explanation and summary of the proposed Goods and Services Tax Regulations.
Reason(s) for decision: To progress the implementation of a Goods and Services Tax according to the Crown Agents project timetable.
Action required: Approve the release of the attached Report, consultation document and Draft Regulations.
Signature: (Minister/ Assistant Minister)			Date of Decision: 29th June 2006

Goods and Services Tax Regulations.

REPORT

JERSEY ’S GOODS AND SERVICES TAX (GST) – REGULATIONS

Background

In 2008 Jersey will introduce a broad-based Goods and Services Tax (GST) at a rate of 3%, fixed for at least 3 years as part of the Fiscal Strategy (P44/2005).

On 28 March 2006 the Minister for Treasury and Resources published a consultation document on the draft GST Primary Law. Proposals on how GST would apply to the Financial Services Industry were published on 19th May 2006.

GST Regulations

The three month consultation period on the Draft GST Primary Law (which provides the overall framework for the new tax) ends on 30th June 2006. The proposed Regulations (referred to in the Draft Law) are likely to be of most interest to businesses required to be GST registered, accountants and lawyers. However, since GST will affect, in some way, everyone living or doing business in Jersey they are being offered for full public consultation in the interest of transparency and to ensure the maximum possible involvement of individuals and organisations in the implementation of GST in the Island. The attached policy paper provides a summary and explanation of the proposed Regulations (which are also attached).

A summary of responses to the draft Primary Law and Regulations and to the FSI paper will be published in the early autumn. The full GST Law will then be concluded and presented to the Assembly for debate towards the end of the year.

It is important that the entire process of GST implementation is open and transparent, with the maximum possible involvement of the Jersey public and business community. The attached documents are intended to achieve that objective.

Comments and responses from States Members are most welcome.

Senator Terry Le Sueur

Minister for Treasury and Resources