Income Tax (Guernsey) (Amendment) Ordinance, 2023

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The Income Tax (Guernsey)
(Amendment) Ordinance, 2023
 
THE STATES, in pursuance of their Resolutions of the 23rd November, 2023[a], and in exercise of the powers conferred on them by sections 39A, 40B, 203A and 208C of the Income Tax (Guernsey) Law, 1975[b], and all other powers enabling them in that behalf, hereby order:-
 
Amendment of 1975 Law.
1.      The Income Tax (Guernsey) Law, 1975 is further amended as follows.
 
2.      After section 40(oo) insert the following paragraph –
 
"(pp)      payments made to an individual ("A") for the provision of accommodation in a building situated in Guernsey and occupied by A which is A's principal dwelling, where -
 
(i)      the individuals being accommodated are officials, competitors, performers and other accredited persons participating in, or providing necessary support and ancillary services to, a large event (for example, the Island Games),
 
(ii)      the large event has been designated for the purposes of this paragraph in a statement of practice issued under section 204 in cases where there is expected to be an insufficiency of visitor accommodation in Guernsey during the period of the event,
 
(iii)      the accommodation is provided only during the period of the event and any reasonable period, specified in the statement of practice, immediately before and after the event, and
 
(iv)      the building is not otherwise used by A for letting.".
 
3.      In paragraph 1 of the Sixth Schedule –
 
(a)      for "£150,000" in both places appearing substitute "£160,000", and
 
(b)      for "£300,000" in both places appearing substitute "£320,000".
 
4.      In paragraph 2 of the Sixth Schedule for "£50,000" substitute "£65,000".
 
5.      In paragraph 3 of the Sixth Schedule –
 
(a)      in subparagraph (i) after "("the relevant purchase")," and before the word "and" insert the following proviso –
 
"Provided that, on and from the 1st January, 2024 –
 
(A)      an individual ("A") shall be deemed for the purposes of this subparagraph to have paid £50,000 or more in document duty in respect of the purchase of a property on Part A of the Open Market Register if A has paid £50,000 or more in anti-avoidance duty under the provisions of the Document Duty (Anti-Avoidance (Guernsey) Law, 2017 in respect of a relevant transaction (within the meaning of that Law) conferring on A a significant benefit (also within the meaning of that Law) arising from, or relating to, that property,
 
(B)      that property is owned by a company which is limited by shares and the relevant transaction consists of a transfer of the legal or beneficial ownership of all of the shares of that company,
 
(C)      references in this paragraph to the relevant purchase shall include references to a relevant transaction described in (A) and (B), and
 
(D)      the Policy and Resources Committee may by regulation amend this Proviso,", and
 
(b)      for "£50,000" in the second place appearing substitute "£60,000".
 
Amendment of 1989 Exempt Bodies Ordinance.
      6.      In section 5(1) of the Income Tax (Exempt Bodies) (Guernsey) Ordinance, 1989[c], for "£1,200" substitute "£1,600".
 
Amendment of 2007 Tax Relief Ordinance.
7.      In the table in section 1(2)(b)(ii) of the Income Tax (Tax Relief on Interest Payments) (Guernsey) Ordinance, 2007[d] -
 
(a)      for the entry in column 1 in respect of the year of charge 2024 ("2,000") substitute "3,500"',
 
(b)      for the entry in column 1 in respect of the year of charge 2025 ("1,000") substitute "2,000",
 
(c)      immediately after the entries in respect of the year of charge 2025 insert new entries of "£1,000" and "2026" in columns 1 and 3 respectively,
 
(d)      in column 3 for "2026 and subsequent years of charge" substitute "2027 and subsequent years of charge".
 
Citation.
8      This Ordinance may be cited as the Income Tax (Guernsey) (Amendment) Ordinance, 2023.
 
Commencement.
      9.      This Ordinance shall come into force on the 1st January, 2024.
 

[a]

Article 1 (propositions 5, 6, 7, 8, 9, 11 and 12) of Billet d'État No. XVIII of 2023.

[b]

Ordres en Conseil Vol. XXV, p. 124; the Law has been amended.

[c]

Recueil d'Ordonnances Tome XXV, p. 106; the Ordinance has been amended.

[d]

Ordinance No. I of 2008; the Ordinance has been amended.





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