Stamp Duties and
Fees (Jersey) Law 1998[1]
A LAW to provide for the charging of
fees for the registration of documents in the Public Registry or with the Royal
Court and providing evidence for the payment thereof by means of stamps
Commencement
[see endnotes]
1 Interpretation[2]
In this
Law, unless the context otherwise requires –
“administration”
includes all letters of administration of the effects of a deceased person;
“chargeable document”
means any document required to be stamped in accordance with Article 2 and
the Schedule;
“designated officer”
means the officer designated in the fourth column of the Schedule to cancel
stamps;
“first-time
buyer” means a purchaser of immovable property where the transaction
relating to that property fulfils all the conditions that are required to be
fulfilled for the fees set out in item 13(b) in a table in
paragraph 3 of Schedule 1 to apply;
“Greffe” and
“Greffier” mean respectively the Judicial Greffe and the Judicial
Greffier;
“gross value”
means, in relation to any property conveyed or disposed by a contract or in
relation to the personal estate of a deceased person, the market value of the
property at the time of passing of the contract or death of the deceased,
without deduction of any charges;
“item” means
any item described in the Schedule in respect of which any stamp duty is
payable;
“main
residence”, in relation to a relevant property, means the property that
is occupied as the person’s main residence, whether or not it is in
Jersey;
“net value”
means, in relation to any property conveyed or disposed by a contract or in
relation to the personal estate of a deceased person, the market value of the
property at the time of passing of the contract or death of the deceased
disregarding any life interest or lease or licence to which the property is
subject but taking account of any servitude pertaining to the property, less
the amount of any existing registered charges for which the contract provides
that the purchaser or transferee shall assume liability or any charges or taxes
payable on the personal estate of the deceased;
“relevant off-plan contract” means a sale
and purchase contract where –
(a) the
land to which the contract relates is land on which a dwelling is, or is to be,
constructed;
(b) the
contract is not transferable by the purchaser to another person;
(c) the
contract contains a penalty of at least 10% of the consideration that
applies if the purchaser does not complete the purchase;
(d) the
consideration agreed in the contract is at or above the notional market value,
at the time the contract was signed, of the dwelling; and
(e) the
contract was signed on or after 1st January 2017;
“relevant
property” means a property that is a dwelling and is acquired for a
purpose other than use as the main residence of the person to whom it is
transferred, but does not include a dwelling
acquired for the purpose of it forming part of the stock of a trade taxable
under Article 51(1)(b) of the Income Tax
(Jersey) Law 1961;
“rules of court”
means rules of court made under Article 13 of the Royal Court
(Jersey) Law 1948;
“search ticket”
means a document issued by the Greffier authorizing the making of a search in
the records of the Greffe;
“stamp”
means –
(a) a stamp issued and sold by the Treasurer of
the States under the direction and control of the Minister for Treasury and
Resources; or
(b) an impression of a stamp made by a stamping
machine working under the direction or by the permission of that Minister;
“stamp duty”
means the fee or percentage payable in accordance with Article 2 and the Schedule.
2 Stamp duty
(1) Subject
to Articles 6 and 7, in respect of each item numbered in the first column
and described in the second column of a table in Schedule 1, 2 or 3, for
each chargeable document referred to in the fourth column of that table there
shall be payable the amount of stamp duty set out opposite that chargeable
document in the third column of that table.[3]
(1A) Stamp
duty in respect of a chargeable document shall be collected by the designated
officer described in the fifth column of a table in Schedule 1, 2 or 3
opposite that description of document and paid to the Treasurer of the States
in such manner as the Treasurer may require.[4]
(1B) Stamp
duty paid to the Treasurer under paragraph (1A) shall accrue to the annual
income of the States.[5]
(2) [6]
(3) [7]
(4) [8]
(5) Where
a chargeable document contains or relates to several items, separate stamp duty
shall be payable in respect of each item as if it were contained in a separate
chargeable document.
(6) Where
a chargeable document is made for any consideration in respect of which stamp
duty is payable and for any other valuable consideration, separate stamp duty
shall be payable in respect of each consideration as if it related to a
separate chargeable document.
(7) In
any case where the Schedule makes no provision for the fee to be taken, the
amount of stamp duty payable, and the manner of payment thereof, may be
determined by the Bailiff.[9]
(8) [10]
3 Regulations
The States may by
Regulations amend Schedules 1, 2 and 3.[11]
4 Mode of calculating stamp
duty in respect of foreign currency
(1) Where
stamp duty is payable in relation to any item in respect of any currency other
than sterling, the amount payable shall be calculated on the equivalent value
in sterling of the money according to the rate of exchange prevailing at the
relevant date.
(2) Evidence
of the rate of exchange prevailing on the relevant date may be given by a
written certificate signed by an officer of any bank in Jersey.
(3) In
this Article “relevant date” means –
(a) in applications for the grant of probate or
administration the date of the death of the deceased person; or
(b) in any other case the date on which the duty
is to be paid.
5 Stamp duty in cases of
grant of probate or administration
(1) Where
a deceased person was, at the time of his or her death, domiciled in Jersey,
stamp duty payable under this Law in respect of the net value of his or her
personal estate shall be payable in respect of the net value of such estate
wherever situate.
(2) Where
a deceased person was, at the time of his or her death, domiciled outside Jersey,
stamp duty payable under this Law in respect of the net value of his or her
personal estate shall be payable in respect of the net value of such estate
within the jurisdiction of the Court.
(3) Where
any person on applying for a grant of probate or administration has paid too
much stamp duty as a result of over-estimating the net value of the personal
estate of the deceased, such person may, within 6 months after the true net
value of such personal estate has been ascertained, deliver to the Greffier a
corrective affidavit as to its true net value.
(4) Where
the Greffier has received an affidavit under paragraph (3) and is
satisfied that too much stamp duty has in fact been paid, he or she shall
deliver to the applicant a certificate authorizing the Treasurer of the States
to reimburse to him or her the amount by which the stamp duty originally paid
exceeds the stamp duty properly payable, and, on presentation of such
certificate, the Treasurer of the States shall reimburse such amount accordingly.
(5) Where
a person on applying for a grant of probate or administration has paid too
little stamp duty as a result of under-estimating the net value of the personal
estate of the deceased, such person shall, within 6 months after the true
net value of such personal estate has been ascertained, deliver to the Greffier
a corrective affidavit as to the true net value of the personal estate of the
deceased, and the difference between the amount of stamp duty paid and the
amount of stamp duty properly payable shall be paid by that person.[12]
(6) In
the exercise of its jurisdiction under Article 2(1) of the Interest on
Debts and Damages (Jersey) Law 1996 to include interest on any sum awarded
in proceedings brought by the Treasurer of the States for the recovery of stamp
duty, a court may, if it thinks fit, order that the interest shall run from any
specified date that is not earlier than the date of the grant of probate or
administration.
6 Reduction or remission of
stamp duty[13]
Subject to Article 13
of the Taxation
(Land Transactions) (Jersey) Law 2009, the designated officer may reduce or
remit any stamp duty set out in the Schedule in any case where it would, in his
or her opinion, be just to do so and, notwithstanding Article 10, his or
her decision shall be final.
6A [14]
6B Reduction
of stamp duty where immovable property purchased under approved Assisted
Ownership Scheme[15]
(1) Where a first-time
buyer purchases immovable property under an Assisted Ownership Scheme and the
conditions set out in paragraph (2) are met, the amount of stamp duty
payable is that set out in item 13(b) in a table in paragraph 3 of
Schedule 1, calculated as if the affordable price were the gross value of
the property.
(2) The conditions are that
the Assisted Ownership Scheme has been approved by the Minister for Housing
and –
(a) the
property has been allocated to the purchaser through the Affordable Housing
Gateway administered by the Minister for Housing; or
(b) the
Scheme has been approved by the Minister for Treasury and Resources.[16]
(3) The affordable price is
the proportion of the gross value of the property that is funded by the
purchaser, whether or not secured by one or more simple conventionnel hypothecs, or other security.
7 Exemption from payment of
stamp duty on financial grounds
(1) The
Viscount may grant, on such conditions as he or she thinks fit, a certificate
exempting an indigent person from payment of stamp duty for any chargeable
document if –
(a) the application is made in respect of
proceedings in the Family Division; or
(b) the application is made in respect of any
other proceedings and is accompanied by a statement of the material facts and
of the points of law relied on and the Viscount is satisfied that the indigent person
has prima facie a good cause of action or, as
the case may be, a good defence.[17]
(2) The
Viscount may require the indigent person to make an affidavit in support of the
Viscount’s application.
(3) Where
a certificate granted under paragraph (1) is produced to a designated
officer in relation to the proceedings to which the certificate relates, no
stamp duty shall be payable for any chargeable document to which the
certificate relates.[18]
8 Registration of chargeable
documents and grant of probate or administration
(1) A
chargeable document shall not be registered in the Public Registry or with the
Royal Court unless the Greffier is satisfied that the correct amount of stamp
duty payable in respect of such chargeable document has been or will be paid.[19]
(2) Proof
of the registration of a chargeable document shall, for purposes of any legal
proceedings, be deemed sufficient evidence that the stamp duty payable thereon
has been paid.
(3) [20]
(4) The
net value of the personal estate of the deceased shall be sworn in the oath
leading to the grant of probate or administration and the Greffier shall not
allow probate or administration to be issued unless he is she is satisfied that
the correct amount of stamp duty payable under this Law in respect of the
estate has been or will be paid.[21]
8A Relevant
properties: statements of information[22]
(1) Where
a chargeable document relates to a relevant contract, the document must be
accompanied by statements by the person to whom the property is transferred
indicating –
(a) whether
the property is a dwelling acquired for use as the main residence of that
person; and
(b) whether
the property is a dwelling acquired for the purpose of it forming part of the
stock of a trade taxable under Article 51(1)(b) of the Income Tax (Jersey)
Law 1961.
(2) The
statement must include a declaration by the person to whom the property is
transferred that the statement is, to the best of that person’s knowledge
and belief, true, complete and correct.
(3) For
the purposes of this Article a “relevant contract” is any
transaction that falls within the following entries in item 13 in
paragraph 3 of Schedule 1 –
(a) entry
(a);
(b) entry
(c);
(c) entry
(h);
(d) entry
(j);
(e) entry
(k);
(f) entry
(l).
9 Refund of stamp duty
(1) Save
as provided by paragraph (2), where any chargeable document for which
stamp duty has been paid is not used, the Treasurer of the States shall refund
the value of the stamp duty that has been paid.[23]
(2) No
refund under this Article shall be made in respect of a billet which has been cassé.
10 Determinations and appeals
(1) Whenever
it appears necessary to the designated officer to do so, he or she shall
determine whether stamp duty is payable and the amount of such duty.
(1A) If
the designated officer is of the opinion that the main purpose, or one of the
main purposes, of a transaction or combination or series of transactions giving
rise to a chargeable document is the avoidance or reduction of a person’s
liability to pay stamp duty, the designated person may determine the amount of
stamp duty payable to counteract such avoidance or reduction of liability.[24]
(1B) No
determination shall be made under paragraph (1A) if the person shows to
the satisfaction of the designated officer that the purpose of avoiding or
reducing liability to pay stamp duty was not the main purpose, or one of the
main purposes, of the transaction or the combination or series of transactions.[25]
(2) Subject
to Article 6, any person aggrieved by a determination of the designated
officer under paragraph (1) or (1A) may appeal to the Inferior Number of
the Royal Court within one month of such determination on the basis of an error
of fact or law.[26]
11 Offences
(1) A
person who makes a statement –
(a) to a designated officer or in an application
to the Viscount under Article 7;
(b) in connection with any matter relating to
the assessment of or exemption from any stamp duty under this Law; and
(c) which he or she knows to be false or
misleading in a material particular,
shall be guilty of an
offence and shall be liable to imprisonment for a term not exceeding 6 months
or to a fine not exceeding level 3 on the standard scale, or to both.
(2) A
person who fails to deliver to the Greffier within 6 months a corrective
affidavit as required by virtue of Article 5(5), shall be guilty of an
offence and shall be liable to a fine of level 3 on the standard scale.[27]
(3) A
person commits an offence and is liable to imprisonment for 6 months and
to a fine of level 3 on the standard scale if that person makes a
statement required under Article 8A which the person knows to be false or
misleading in a material particular.[28]
12 Validity of stamp duty charged under
previous legislation
Any fees and percentages
purported to be charged and paid at any time prior to the commencement of this Law
by virtue of –
(a) Article 12
of the Departments
of the Judiciary and the Legislature (Jersey) Law 1965;
(b) Article 44
of the Matrimonial
Causes (Jersey) Law 1949; or
(c) Article 29
of the Probate (Jersey) Law 1949,
shall be deemed to have
been charged and paid as if this Law were then in force.
12A Transitional
provision[29]
(1) Notwithstanding
the commencement of the Stamp Duties and Fees (Amendment) (Jersey)
Law 2018, subject to paragraph (2), stamp duty may continue to be
payable as if that Law were not in force by means of stamps which, before the
date of commencement, were issued and sold by the Treasurer of the States.
(2) Stamp
duty shall not be payable under paragraph (1) on or after the date that is
2 years after the date the Stamp Duties and Fees (Amendment) (Jersey)
Law 2018 comes into force.
13 Citation
This Law may be cited as
the Stamp Duties and Fees (Jersey) Law 1998.