Income Tax (Guernsey) (Amendment) Law, 2010

To access the legislation in printable format, please click the "view printable version" button.

PROJET DE LOI

ENTITLED

The Income Tax (Guernsey) (Amendment) Law, 2010

THE STATES, in pursuance of their Resolution of the 30^th January, 2009[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the islands of Guernsey and Herm.

Amendment of 1975 Law.

1. The Income Tax (Guernsey) Law, 1975, as amended[b], is further amended as follows.

2. In section 5F[c] -

(a) the existing text is numbered as subsection (1), and

(b) after subsection (1), as so numbered, insert the following subsections -

"(2) Notwithstanding the provisions of subsection (1)(b), a relevant individual in respect of whom the Director of Income Tax is satisfied as to the matters set out in subsection (3) is liable, in respect of any year of charge, to pay tax only -

(a) on his income arising or accruing in Guernsey in that year of charge, and

(b) on any amount of income not so arising or accruing brought into or received by him in Guernsey in that year of charge; and for the purposes of this section any amount not so arising or accruing and brought into or received by him in Guernsey in that year of charge shall be presumed to be income unless he can establish otherwise to the satisfaction of the Director of Income Tax.

(3) The matters are -

(a) all the income of the relevant individual arising or accruing in Guernsey in that year of charge, other than any interest arising in Guernsey upon money deposited with a licensed institution or other person exempted from the requirement to be licensed under the provisions of the Banking Supervision (Bailiwick of Guernsey) Law, 1994 -

(i) is income of Class 2(1)(b), and

(ii) is subject to the deduction of tax under section 81A,

(b) the sole or main purpose for the relevant individual being present in Guernsey in that year of charge is in order that he may undertake the duties of an employment, and

(i) his total income arising or accruing in Guernsey in that year of charge, and

(ii) any amount of income not so arising or accruing brought into or received by him in Guernsey in that year of charge,

which return may be delivered instead of the return required by subsection (1)(a).".

Citation.

3. This Law may be cited as the Income Tax (Guernsey) (Amendment) Law, 2010.

Commencement.

4. This Law shall have effect, by virtue of the States' resolution of the 27^th January, 2010[d], under and subject to the provisions of the Taxes and Duties (Provisional Effect) (Guernsey) Law, 1992[e], in respect of any year of charge after 2009 (but subject to the transitional provisions set out in section 5I of the Income Tax (Guernsey) Law, 1975), as if it were a Law sanctioned by Her Majesty in Council and registered on the records of the Island of Guernsey.

[a]	Article XII of Billet d'État No. II of 2009.
[b]	Ordres en Conseil Vol. XXV, p. 124; Vol. XXVI, pp. 146, 200 and 292; Vol. XXVII, pp. 84, 118, 200, 333 and 565; Vol. XXVIII, pp. 184, 278, 353 and 409; Vol. XXIX, p. 214; Vol. XXXI, pp. 406 and 473; Vol. XXXII, p. 307; No. IV of 1991; No. VI of 1992; No's. IV and VIII of 1993; No. XXV of 1994; No's. III and VII of 1995; No. V of 1996; No's. IV and XXII of 1997; No's. II and VI of 1999; No. IV of 2000; No's. VI and XVII of 2001; No. VII of 2002; No's. IV, XVIII and XXVI of 2003; No's. XII and XVI of 2004; No's. V, VI and XVII of 2005; No's. II and VII of 2006; No. XXI of 2007; the Income Tax (Zero 10) (Guernsey) Law, 2007; the Income Tax (Zero 10) (Guernsey) (No. 2) Law, 2007; the Charities and Non Profit Organisations (Registration) (Guernsey) Law, 2008; the Income Tax (Guernsey) (Amendment) Law, 2008; the Income Tax (Miscellaneous Provisions) (Guernsey) (Amendment) Law, 2009; the Income Tax (Zero 10, etc) (Guernsey) (Amendment) Law, 2009; and the Income Tax (Guernsey) (Amendment) Law, 2009; also amended by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003 (No. XXXIII) and the Administrator of Income Tax (Guernsey) (Transfer of Functions) Ordinance, 2009.
[c]	Section 5F was inserted by the Income Tax (Guernsey) (Amendment) Law, 2009.
[d]	Article I of Billet d'État No. I of 2009.
[e]	Order in Council No. XI of 1992.