Finance (2009 Budget) (Jersey) Law 2009

Finance (2009 Budget) (Jersey) Law 2009 Arrangement Article 1 Standard rate of income tax for 2009 . 229 2 Stamp Duties and Fees (Jersey) Law 1998 amended . 229 3 Customs and Excise (Jersey) Law 1999 amended . 233 4 Citation and commencement 234 Finance (2009 Budget) (Jersey) Law 2009 A LAW to set the standard rate of income tax for 2009, to amend further the Stamp Duties and Fees (Jersey) Law 1998 and to amend further the Customs and Excise (Jersey) Law 1999. Adopted by the States 3rd December 2008 Sanctioned by Order of Her Majesty in Council 13th May 2009 Registered by the Royal Court 29th May 2009 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Standard rate of income tax for 200 9 There shall be levied and charged in Jersey for the year 2009, in accordance with, and subject to the provisions of, the Income Tax (Jersey) Law 1961 [1] , income tax at the standard rate of 20 pence in the pound. 2 Stamp Duties and Fees (Jersey) Law 1998 amended (1) After Article 6 of the Stamp Duties and Fees (Jersey) Law 1998 the following Article shall be inserted – “6A Remission of stamp duty on Jersey Homebuy contracts (1) The designated officer shall remit any stamp duty (other than the stamp duty excluded by paragraph (2)) that would, but for this Article, be chargeable under Part 1 of the Schedule on any document if the designated officer is satisfied that the document is – (a) a contract of sale of immovable property that is – (i) a single dwelling, and (ii) for occupation by the relevant purchaser, where the sale takes place exclusively under the scheme known as Jersey Homebuy referred to in the projet lodged au Greffe as P.74 on 21st May 2008 by the Minister for Planning and Environment; (b) an acknowledgement of debt where the borrowing relates exclusively to a sale under a contract referred to in sub-paragraph (a); or (c) a contract under which one or more simple conventionnel hypothecs, or other security, is or are taken to secure a debt where the borrowing relates exclusively to a sale under a contract referred to in sub-paragraph (a). (2) The excluded stamp duty is the duty set out in item 1(d) or item 13(u) of Part 1 of the Schedule.”. (2) In Part 1 of the Schedule to the Stamp Duties and Fees (Jersey) Law 1998 [2] – (a) for item 1(a) there shall be substituted the following paragraph – “(a) Where – (i) the borrowing relates to a contract of purchase falling to be charged under item 13(b) or a contract of lease, or transfer of lease, falling to be charged under item 13(m), (ii) the borrowing and the contract relate to the same property, (iii) the acknowledgement and the contract were registered in the Public Registry and passed before the Royal Court on the same day, and (iv) the borrowed amount to be acknowledged does not exceed £400,000, if that amount – (A) does not exceed £300,000 NIL Billet Greffier (B) exceeds £300,000 but does not exceed £400,000 NIL in respect of the first £300,000 plus 25p for each £100 or part of £100 in excess thereof, subject to a minimum of £25 Billet Greffier”; (b) for item 13(b)(i) to (iv) there shall be substituted the following sub-paragraphs – “(i) does not exceed £300,000 NIL Contract Greffier (ii) exceeds £300,000 but does not exceed £400,000 NIL in respect of the first £300,000 plus £1 for each £100 or part of £100 in excess thereof Contract Greffier”; (c) for item 13(d) there shall be substituted the following paragraphs – “(d) Of creation of rente nouvelle, or of one or more simple conventionnel hypothecs, in association with a contract of purchase falling to be charged under paragraph (b) of this item or in association with a contract of lease, or transfer of lease, falling to be charged under paragraph (m) of this item, where – (i) the contract of creation of the rente nouvelle , hypothec or hypothecs and the contract of purchase, lease or transfer of lease relate to the same property, (ii) both contracts were registered in the Public Registry and passed before the Royal Court on the same day, and (iii) the capital value of the rente nouvelle or the capital sum hypothecated does not exceed £400,000, if that value or sum – (A) does not exceed £300,000 NIL Contract Greffier (B) exceeds £300,000 but does not exceed £400,000 NIL in respect of the first £300,000 plus 25p for each £100 or part of £100 in excess thereof, subject to a minimum of £25 Contract Greffier (d1) Of creation of rente nouvelle, or of one or more simple conventionnel hypothecs, where the borrower produces to the designated officer a letter from the Comptroller of Income Tax confirming that the relevant contracts qualify for exemption from income tax pursuant to Article 115(a), (aa) or (ab) of the Income Tax (Jersey) Law 1961 £50 Contract Greffier (d2) Of creation of rente nouvelle, or of one or more simple conventionnel hypothecs, in any case to which neither paragraph (d) nor paragraph (d1) of this item applies 50p for each £100 or part of £100 of the capital value of the rente nouvelle or the capital sum hypothecated, subject to a minimum of £10 Contract Greffier”; (d) for item 13(m)(i) to (iv) there shall be substituted the following sub-paragraphs – “(i) does not exceed £300,000 NIL Contract Greffier (ii) exceeds £300,000 but does not exceed £400,000 NIL in respect of the first £300,000 plus £1 for each £100 or part of £100 in excess thereof Contract Greffier”; 3 Customs and Excise (Jersey) Law 1999 amended In the Customs and Excise (Jersey) Law 1999 [3] , in Part 2 of Schedule 1, for paragraphs 1 to 6 there shall be substituted the following paragraphs – “1 Spirits There shall be charged – (a) on all spirits, produced by a small independent distiller of spirits, which are imported into or produced or manufactured in Jersey, excise duty at the rate of £11.72 per litre of alcohol; and (b) on all other spirits imported into or produced or manufactured in Jersey, excise duty at the rate of £23.43 per litre of alcohol. 2 Wines There shall be charged, on all wines imported into or produced or manufactured in Jersey, excise duty at the following rates – Strength of wines Rate per hectolitre Wines exceeding 1.2% volume but not exceeding 5.5% volume £57.06 Wines exceeding 5.5% volume but not exceeding 15% volume £149.75 Wines exceeding 15% volume but not exceeding 22% volume £183.51 Rate per litre of alcohol Wines exceeding 22% volume £23.43. 3 Beer There shall be charged – (a) on all beer, produced by a small independent brewer, which is imported into or produced or manufactured in Jersey, excise duty at the rate of – (i) £24.74 per hectolitre of beer not exceeding 4.9% volume, and (ii) £37.22 per hectolitre of beer exceeding 4.9% volume; and (b) on all other beer imported into or produced or manufactured in Jersey, excise duty at the rate of – (i) £49.47 per hectolitre of beer not exceeding 4.9% volume, and (ii) £74.44 per hectolitre of beer exceeding 4.9% volume. 4 Cider There shall be charged – (a) on all cider, produced by a small independent cider-maker, which is imported into or produced or manufactured in Jersey, excise duty at the rate of – (i) £23.15 per hectolitre of cider not exceeding 4.9% volume, and (ii) £34.83 per hectolitre of cider exceeding 4.9% volume; and (b) on all other cider, imported into or produced or manufactured in Jersey, excise duty at the rate of – (i) £46.31 per hectolitre of cider not exceeding 4.9% volume, and (ii) £69.65 per hectolitre of cider exceeding 4.9% volume. 5 Other alcoholic beverages There shall be charged, on all alcoholic beverages imported into or produced or manufactured in Jersey (other than wines, beer or cider exceeding 1.2% volume but not exceeding 5.5% volume), excise duty at the rate of £23.43 per litre of alcohol. 6 Tobacco There shall be charged, on all tobacco imported into or grown, produced or manufactured in Jersey, excise duty at the following rates – (a) on unprocessed tobacco £163.74 per kilogramme (b) on cigars £177.17 per kilogramme (c) on cigarettes £221.55 per kilogramme (d) on hand-rolling tobacco £188.31 per kilogramme (e) on other types of processed tobacco not included in sub-paragraphs (b) to (d) £171.48 per kilogramme.”. 4 Citation and commencement (1) This Law may be cited as the Finance (2009 Budget) (Jersey) Law 2009. (2) Articles 2 and 3 shall be deemed to come into force on 1st January 2009. m.n. de la haye Greffier of the States [1] chapter 24.750 [2] chapter 24.960 [3] chapter 24.660