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Government Plan 2021–2024 (P.130/2020): fourth amendment (P.130/2020 Amd.(4)) – comments [P.130-2020 Amd.(4)Com.]

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STATES OF JERSEY

GOVERNMENT PLAN 2021-2024 (P.130/2020): FOURTH AMENDMENT (P.130/2020 AMD.(4)) - COMMENTS

Presented to the States on 11th December 2020 by the Council of Ministers

STATES GREFFE

2020  P.130 Amd.(4) Com.

COMMENTS

The Council of Ministers opposes this proposal and urges States members to reject the Amendment.

Conclusions

The headline  20% tax  rate  has been a  critical foundation of the  Island's successful economy for decades, Ministers are wary about making changes to this structure without fully understanding the impacts upon the competitive standing of our economy amongst similar jurisdictions, particularly in these highly uncertain times.

A 5 per-centage point increase in income tax for the top 10% of people who pay income  tax  (who  contribute  around  half  of  personal  income-tax  receipts) represents a 25% increase in their taxation. It is difficult to model the impact on the behaviours and choices of existing islanders or how this may affect the decisions of businesses considering a move to Jersey.

Work on the structural aspects of the personal tax review should be completed before any decisions on rates are made.

A specific proposal of this proposition – and a transitional step to Independent Taxation - was for married couples/couples in civil partnerships to be given joint access to personal tax information. This change is included in the current Finance Law.

Background

Around 5% of taxpayers contribute about a third of personal income  tax receipts; around 10% contribute about half of the receipts; and around 20% contribute about two thirds. The 20% of lower-income households who do pay tax contribute around 2% of receipts. It is estimated that around a third of adult islanders/taxpayer-households do not pay tax on account of the tax exemption thresholds.

The top 12% of taxpayers currently pay 50% of all personal income tax and this relative  reliance  on  a  small  group  of  individuals  is  likely  to  increase significantly under the terms of the amendment. Any behavioural change amongst even a proportion of this group could significantly reduce the States' revenues.   This  risk  requires  careful  consideration  and  consultation  - particularly with Jersey businesses and the finance sector, in order to ascertain how the proposals may impact the supply of skilled labour to the Island.

The net gain of £7.5 million represents a very small percentage increase (less than  a  2%  increase)  in  personal  income  tax  revenues  considering  the fundamental nature of the change being proposed and the potential impact on the competitive position of the Island's tax system.

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P.130/2020 Amd.(4) Com.

As part of this review, P119/2019 was debated in February 2020, and the States Assembly  gave  overwhelming  support to  the  introduction  of  a  system  of Independent Taxation and reform of married-man's taxation.

It remains the Government's intention to introduce a system of Independent Taxation from 1 January 2022.

A  system  of  Independent  Taxation  requires  careful  consideration  of  the transition of lower-income households who may otherwise be significantly disadvantaged by the new system.

Structural issues exist. Firstly, the removal of the Prior Year Basis of paying taxes considerably smooths the way towards Independent Taxation. Secondly, it remains to be decided how child-related allowances and reliefs currently given through the tax system should be made in future and for which further data modelling and consultation is required. Thirdly, consideration of the role of Marginal Relief will need to be addressed within a scheme of Independent Taxation.

Only  when  these  structural  issues  are  resolved  can  questions  of  rates  be considered. Otherwise, we risk changing the rate of personal income tax again when other, precursory, questions around Independent Taxation are settled.

This proposition may also impact the yield of Long-Term Care contributions. LTC contributions mirror the tax system (up to the income cap that applies for LTC purposes), so changes to the income tax system will automatically result in changes to LTC contributions, and in particular, a loss LTC revenue from taxpayers paying marginal rate tax.

Statement under Standing Order 37A [Presentation of comment relating to a proposition]

These comments were submitted to the States Greffe after the noon deadline as set out in Standing Order 37A due to final due diligence and checking taking place.

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P.130/2020 Amd.(4) Com.

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