Impact of the global corporate tax proposal (FOI)

Request

Further to President Biden's minimum Global Corporate Tax proposal proposed in April 2021, which has already been welcomed by the OECD in principle, though a minimum Corporate Tax Rate is yet to be properly agreed upon in the coming months. I would like to know the following –

A

What potential damage could this Minimum Global Corporate Tax rate do to Jersey's Finance Industry as far as revenue and jobs are concerned? .

B

What emergency contingency plans are place in the event of a major change in the Island's economic forecasts should the Finance Industry be majorly affected by taxation changes forced upon it?

C

Approximately how many registered companies currently use Jersey for Zero Corporation Taxation purposes and what revenues do they generate for the Treasury?  

Response

A

The above request does not pertain to any quantifiable information; as such, the information sought is not held by Revenue Jersey.

Article 10(1) of the Freedom of Information (Jersey) Law 2011 requires the disclosure of information held by a scheduled public authority. It does not require a public authority to produce estimates where that information is not held.

B

Any changes to domestic tax systems must first be fully agreed at international level, so that they can be implemented consistently. This provides certainty to taxpayers, and it also protects the level-playing field among tax jurisdictions.

Jersey’s tax system is well placed to continue to adapt to global standards, and we will continue to engage in a proactive way with the OECD, EU and global bodies to combat aggressive tax avoidance and profit shifting.

The release of information pertaining to any proposed policy changes in this area are exempt under Article 35 (Formulation and development of policies) of the Freedom of Information (Jersey) Law 2011.

C

This request does not pertain to any quantifiable data which is held by Revenue Jersey. There are a wide variety of reasons why a company may choose Jersey, but Revenue Jersey does not collect information on their rationale for locating in Jersey. As such it is impossible to answer this question. Therefore, Article 10(1) of the Freedom of Information (Jersey) Law 2011 has been applied.

Articles applied

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.

Article 35 - Formulation and development of policies

Information is qualified exempt information if it relates to the formulation or development of any proposed policy by a public authority.

Article 35 is a qualified exemption, which means that a public interest test has to be undertaken to examine the circumstances of the case and decide whether, on balance, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

The following considerations were taken into account:

Public interest considerations favouring disclosure

• disclosure of the information would support transparency and promote accountability to the general public, providing confirmation that the necessary discussions have taken place.

• disclosure to the public fulfils an educative role about the early stages in policy development and illustrates how the department engages with parties for this purpose.

Public interest considerations favouring withholding the information

• in order to best develop policy and provide advice to Ministers, officials need a safe space in which free and frank discussion can take place – discussion of how documentation is presented and provided is considered as integral to policy development as iterations of documents are demonstrative of the policy development process.

• the need for this safe space is considered at its greatest during the live stages of a policy.

• release of the information at this stage might generate misinformed debate. This would affect the ability of officials to consider and develop policy away from external pressures, and to advise Ministers appropriately.

• premature disclosure of this information may limit the willingness of parties to provide their honest views and feedback. This would hamper and harm the policy–making process not only in relation to this subject area but in respect of future policy development across wider Departmental business.

Although there is a need for transparency, accountability, financial and good decision making by public authorities, this information relates to an ongoing situation. It was therefore decided, as this time, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.