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com/jm

Jamaica: 2015/16 Budget 12 March 2015

Tightening the Tax Net Spreading the Burden

In Brief:
New tax measures of J$10.348 billion. Petroleum Cess of 1% imposed on Increase in SCT on cigarettes from
Petrojam to be replaced with a J$10.50 to J$12 per stick.
Increase of Special Consumption Tax specific SCT rate of J$2 per litre.
(SCT) by J$7 per litre on auto fuels. Comprehensive reform of life
Increase in Personal Income Tax assurance income tax regime.
Imposition of GCT at 16.5% on (PIT) Threshold to J$592,800 for the
residential electricity consumption in Year of Assessment 2016. Overhaul of Trade & Business
excess of 350 kWh per month . License Fees and Excise Duty fines,
Environmental Levy of 0.5% to be fees and penalties.
Withholding tax of 3% to be imposed applied to domestic supplies in order
on payments made by large entities to broaden base and address WTO Customs duty on racehorses
for services obtained locally. concerns. reduced from 40% to 5%.

In Detail: This was the first time in Jamaicas history


that both Revenue & Expenditure
primarily of taxes. Historically Jamaica
has had a poor record of achieving the tax
Estimates were tabled together and is in revenue targets. Tax revenues have
Introduction: keeping with the reformed fiscal continued to perform below target for
governance framework which requires 2014/15. We expect that this is primarily
Dr. The Honourable Peter Phillips, these Estimates to be tabled and approved due to the countrys continued sluggish
Minister of Finance and Planning by 31 March of the financial year to which economic performance combined with the
presented the Governments plan to fund they relate. pervasiveness of non-compliance which
the 2015/16 Budget in Parliament today. remains a challenge. On the positive side,
The Governments 2015/16 Revenue Jamaica has passed six consecutive
This follows the Ministers tabling of the Estimates of J$443 billion compare to quarterly reviews under its IMF
2015/16 Estimates of Expenditure (of revenues collected of J$397 billion in Programme and the Minister indicated
J$641.5 billion) and Revenues Estimates 2013/14 and J$289 billion (nine months) that the country is expected to formally
(of J$443 billion) on 19 February 2015. of 2014/15. This revenue comprises pass the 7th review by 31 March 2015.
PwC Jamaica www.pwc.com/jm

Greater Tax Compliance Needed: New Taxes & Compliance New Compliance Measures
Measures Announced: 3% withholding tax on local service fees
It is still widely perceived that an undue paid by Large Entities
tax burden is being placed on an It appears that Minister Phillips has Full implementation of zero-rating on
unacceptably small population of heeded these calls. In his presentation Government purchases
compliant taxpayers. These taxpayers are today he indicated that the Government Update of Excise Duty fines, fees and
relatively easy to collect from so recourse will be seeking an additional J$12.3 billion penalties
to this group has been repeatedly made from enhanced tax compliance measures
over the years to fund our fiscal deficits. with a further J$10.348 billion from new Increase in Special Consumption
Higher taxes have also been imposed on tax measures in order to finance the Tax (SCT) on automotive fuels:
certain sectors based on their perceived 2015/16 Budget.
ability to pay (e.g. banking & financial
With effect from 18 March 2015 the rate
services, telecommunications/utility The anticipated additional revenue for of specific SCT on automotive fuels will be
companies). 2015/16 from the new tax measures increased by J$7 per litre. It is unclear at
announced today is highlighted in the this point as to whether this increase will
Recent tax policy reform measures and table below: also apply to marine diesel oil or ethanol.
compliance initiatives have sought to
redress this imbalance and the efforts of New Tax Measure J$ Bn The following table highlights the current
both the Ministry of Finance & Planning Increase in SCT on auto fuels 6.412 and proposed rates:
and Tax Administration Jamaica (TAJ) are GCT on residential electricity 0.807
to be commended. Much more remains to above 350 KwH per month
be done though to spread the tax burden Fuel Current Proposed
Environmental Levy on J$ J$
more equitably across the Jamaican domestic supplies (0.5%) 0.962
society. Gasoline 16.6498 23.6498
Increase in SCT on cigarettes 0.488 Leaded
Petroleum Cessspecific rate 1.824 Gasoline
Private sector leaders and associations Overhaul of Trade &
have therefore regularly called for the Unleaded 87 16.1061 23.1061
Business License Fees 0.500 Gasoline
Government to prioritise the securing of Reform of Life Assurance
greater levels of tax compliance and the Unleaded 90 16.4792 23.4792
Tax Regime 0.000 Automotive
stimulation of economic growth as the Reduce duty on racehorses (0.001)
primary means to generate additional Diesel Oil (ADO) 15.4145 22.4145
Increase in PIT tax-free
taxes as opposed to relying on new taxes
Threshold from 2016 (0.644)
to be levied each time funds are needed. PwC Commentary: Recent reductions
Total 10.348
in global oil prices (and in turn lower
prices at the petrol pumps) have given the
The new tax compliance measures G0J an opportunity to raise tax revenues
announced today are as follows: by increasing the specific rate of SCT. Ad
valorem SCT had previously been

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reduced from 15% to 10% in April 2011 in promote greater energy conservation and intermediate goods).
order to ease the pressure on the (which in turn could assist in reducing the
consumer when oil prices were at record countrys oil importation bill) and The levy will be administered by
levels so in some respects this represents investment in renewables. requiring taxpayers to file quarterly
a re-imposition of such tax in light of returns to account for the levy and
favourable market conditions. Environmental Levy imposition remit same. The return and levy shall
on domestic supplies: be due within one month after the end
The specific rate also preserves the tax of each quarter.
take in an environment of falling prices At present an Environmental Levy of 0.5%
while capping the level of tax should is imposed on the CIF value of goods PwC Commentary: Further details will
prices rise. imported (with certain exceptions be required in order to undertake a
including CARICOM imports). proper evaluation of the proposed
Imposition of GCT on residential regime. Based on the limited details
electricity consumption: provided, it is unclear whether each
The sustainability of this levy has been a
cause for concern in light of Jamaicas supplier of goods in the domestic supply
Under current tax rules the supply of WTO commitments. To address this chain shall be required to account for the
electricity for residential use is zero-rated matter and simultaneously broaden the environmental levy. This would result in
for GCT purposes (i.e. not subject to GCT) base on which the levy is imposed, the the multiple imposition of the levy if a
whereas supplies for industrial or following is proposed with effect from 1 credit is not granted generally (i.e. not
commercial use attract GCT at the April 2015: just to manufacturers). Even if a credit is
standard rate of 16.5%. given (e.g. where the regime will operate
in a similar manner to GCT) then the
The levy shall be reinstituted on regime appears to require extensive
It is proposed that with effect from 1 CARICOM imports (i.e. it shall
April 2015 supplies of electricity for reporting/administration. We would
therefore apply going forward to both recommend the impact on Jamaican
residential use in excess of 350 kWh per CARICOM & Non-CARICOM
month will attract GCT at the standard businesses be carefully evaluated before
imports). such a regime is implemented.
rate of 16.5%. Consumption of up to the
first 350 KwH per month will continue to The levy shall also be charged on the
be zero-rated. Increase in SCT on cigarettes:
domestic supply of all goods (with
limited exceptions such as supplies by
PwC Commentary: The imposition of charitable organisations, exempt With effect from 13 March 2015 the
GCT on heavy consumers of residential organisations, the mining sector etc.); specific rate of SCT on cigarettes will
electricity is an efficient and effective way increase from J$10.50 per stick to J$12
to impose tax on a small group of A credit may be claimed in respect of per stick. This will be directed to the
taxpayers (approximately 6.4% of environmental levy paid by National Health Fund.
JPSCOs consumer base) who have the manufacturers on the importation of
both the propensity to consume and productive inputs (e.g. raw materials The price of a packet of 20 cigarettes will
ability to pay. The measure may also therefore attract specific SCT of J$240.

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The importation or supply of cigarettes the extent that this SCT will be greater
also attracts GCT at the standard rate of than the cess previously paid, it would Reform of Life Assurance Income
16.5%. appear that it is expected that Petrojam Tax & Asset Tax Regime:
will absorb any additional cost to the
PwC Commentary: The Minister extent that it cannot pass on the cost to its Historically the income tax regime has
indicated that this increase was customers. It is unclear how this will taxed life assurance companies in a
consistent with Jamaicas commitments matter will be regulated by the Ministry. different manner to other businesses given
under the WHOs Framework Convention the long-term nature of life assurance,
on Tobacco Control (FCTC). The focus of Overhaul of Trade & Business pension and annuity business. Under
this measure appears to be on cigarettes License Fees: current tax law regionalised life assurance
only and not on the broader range of companies are subject to a 3% gross
tobacco products or their substitutes In his presentation, the Minister noted premiums tax on premiums derived from
presumably because they have also been that fees imposed under the Trade & life assurance, pensions and annuities
subjected to tax increases in the recent Business Licenses Act (which accrue to business as well as a 15% investment
past. the local authorities) are significantly income tax on income and profits from all
outdated and do not even cover other sources.
Petroleum Cess Replacement with associated administrative costs. It is
a specific rate of SCT: proposed that the fee structure will With effect from 1 January 2015 (i.e. the
therefore be significantly overhauled Year of Assessment 2015), it is proposed
The Ministry Paper #34/2015 indicates with effect from 1 April 2015. that the current life assurance income tax
that at present Petrojam Limited is regime (i.e. with premium tax and
required to pay a Petroleum Cess of 1% to PwC Commentary: It is unclear at investment income tax) be abolished and
the Petroleum Corporation of Jamaica this point how much of the proposed replaced by the application of the general
Limited (PCJ). With effect from 18 J$500 million in expected revenues will income tax regime to life assurance
March 2015 it is proposed to replace this be spent in maintaining and policing companies which shall be subject to
Cess with a specific rate of SCT of J$2 per such an islandwide system of licensing. income tax on their profits at the standard
litre (which would accrue to the Properly structured, this mechanism income tax rate of 25%.
Consolidated Fund). The Minister could be used to identify informal and
emphasized in his presentation that this non-compliant businesses, extract
In line with the above reform it is
change shall not have any impact on meaningful contributions from them to
proposed to simultaneously reduce the
Petrojams reference billing prices for the public purse and make it more
Asset Tax imposed on life assurance
petroleum products. difficult for them to stay under the tax
companies from 1% to 0.25% (the rate
radar. If structured and implemented
currently imposed on banks and other
improperly however, this mechanism
PwC Commentary: The proposed financial institutions). This honours a
could entangle legitimate businesses in
replacement of the cess with SCT will commitment previously given by the
further bureaucratic red tape and this
redirect an existing revenue stream from Minister when he temporarily increased
would fly in the face of recent
PCJ to the Consolidated Fund (which will the asset tax rate for life assurance
important tax reforms.
benefit to the tune of J$1.824 billion). To companies to 1% in April 2014.

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Reduction of Duty on Racehorses: cost J$2.4 billion on an annualised basis.


PwC Commentary: As the life This illustrates how costly the tax-free
assurance sector has evolved over the With a view to enhancing the local threshold is as a mechanism to remove
years and developed new insurance and horseracing industry, it is proposed to the lower-paid from the income tax net.
investment products, the current form of reduce the rate of customs duty on the The take-home pay of each of these 8,441
taxation has presented a variety of importation of horses (not for breeding persons will increase by a maximum of
challenges (including in respect of purposes) from 40% to 5% with effect J$8,892 per annum i.e. J$35,568 x 25%.
product pricing and administration). In from 1 April 2015. This shall apply to In total this is J$75,057,372 (J$8,892 x
contrast the imposition of income tax on imports under the following tariff 8,441).
the basis of chargeable profits (i.e. the headings: 0101291000, 0101299010 and
same basis on which other businesses are 0101299020. In other words less than 3.13% of the total
taxed) addresses these issues and the cost of increasing the threshold is in fact
sector has asserted that it is more attributable to the lowest paid persons
Increase in Personal Income Tax
conducive to its future development. who are removed from the tax net.
(PIT) tax-free threshold:
Instead 96.87% of the cost is attributable
As regulated entities we would expect that to persons who earn income above the
Income tax is imposed on Jamaican tax- threshold. To illustrate the inefficiency of
life assurance companies shall be
resident individuals at the rate of 25% on the threshold mechanism at relieving the
ineligible to claim the Employment Tax
income in excess of an annual tax-free lower-paid, it would cost the Government
credit (ETC). In addition it is important
threshold. With effect from 1 January less to give J$50,00o in cash to 45,00o
that the reform includes specific tax rules
2016 (i.e. the Year of Assessment 2016) persons at the lowest income levels! It is
concerning what reserve accounting will
this threshold will be increased to therefore recommended that
be acceptable for tax purposes in order to
J$592,800. consideration be given to alternative
minimise uncertainty and disputes in the
future. mechanisms which are less costly and
The following table highlights the current more targeted at alleviating the tax
and proposed annual tax-free thresholds: burden on persons at the lowest income
We also note that the Minister specifically
levels.
indicated his intention to have further
dialogue in the current fiscal year on the Year of Assessment J$
0.25% asset tax currently imposed on the The Ministry Paper #34/2015
banks and other financial institutions. 2013 441,168 supporting the Budget Presentation also
This is to be welcomed as this asset tax 2014 507,312 outlined a number of new compliance
has been onerous on the sector and the 2015 557,232 measures.
incidence of this tax is particularly harsh 2016 (proposed) 592,800
on certain players given the nature of Withholding Tax Regime on
their businesses. It is important that Certain Local Services:
PwC Commentary: Minister Phillips
Jamaica revisits this matter urgently if it indicated the proposed J$35,568 increase
wishes to be a competitive location for in the threshold will remove 8,441 In an effort to improve tax collections
financial services. persons from the income tax net and will from small and medium service

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enterprises, it is proposed to implement a Certain Government entities retained their


new withholding tax regime which shall be GCT-free status as a result of specific
Office Locations
applicable to payments by large entities provisions. With limited exceptions it is
(to be defined) to local businesses (i.e. intended to remove this status in order to Kingston
Jamaican tax residents) in respect of ensure that these entities will be liable to Scotiabank Centre
services rendered. The rate of withholding GCT on goods and services acquired. Corner of Port Royal
recommended is 3% and this should be
creditable against the service providers & Duke Streets
Overhauling Excise Duty Fines,
income tax liability. The withholding shall Fees & Penalties: Kingston
not apply to invoices below a de minimis Tel: 1 876 922 6230
level of J$50,000. Under current excise law, the fines, fees Fax: 1 876 922 7581
and penalties imposed are grossly
The proposed date of implementation for
inadequate in order to deter non- Montego Bay
this regime shall be 1 May 2015.
compliance. As part of the tax reform Suite 10, Fairview Office Park
process it is proposed to increase these Alice Eldemire Drive
PwC Commentary: Further details will amounts to appropriate levels.
be required in order to properly assess Montego Bay
the full impact of this proposed regime St. James
including what services are covered Tel: 1 876 952 5065
/excluded and what service providers (if Fax: 1 876 952 1273
any) shall be exempt from the provisions. * * *
We also expect it will be difficult to
implement such a new withholding
system by the proposed date.

If you have any further questions in


Full implementation of the connection with the above or would
elimination of Zero-Rating on like to explore further how the
Government Purchases: above proposed tax measures may
impact your business or personal
Under current tax rules, supplies to arrangements, please feel free to
Government are liable to GCT in the contact any member of our
normal manner. This is coupled with a specialist tax team listed overleaf or
GCT withholding mechanism whereby the your usual PricewaterhouseCoopers
Government entity retains the GCT
Jamaica contact.
component upon settling the supplier
invoice, remits same to TAJ and issues a
withholding tax certificate to the supplier.
Important Notice: This publication does not constitute legal, accounting or other
professional advice. It is intended only to inform readers of developments as of the date of
publication and is neither a definitive analysis of the law nor a substitute for professional advice.
Readers should discuss with professional advisers how the information may apply to their specific
situations. Unless prior written permission is granted by PwC, this publication may be displayed
or printed only if for personal non-commercial use and unchanged (with all copyright and other 6
proprietary notices retained). An unauthorised reproduction is expressly prohibited.
PwC Jamaica www.pwc.com/jm

Your PwC Jamaica Tax Team

Eric A. Crawford Damion D. Dodd


Head of Tax Services Director
Direct Line: 1 876 932 8323 Direct Line: 1 876 932 8439
Email: eric.crawford@jm.pwc.com Email: damion.dodd@jm.pwc.com

Brian J. Denning Paul A. Cobourne


Partner Director
Direct Line: 1 876 932 8423 Direct Line: 1 876 932 8350
Email: brian.denning@jm.pwc.com Email: paul.cobourne@jm.pwc.com

Viveen A. Morrison Kimblian T. Batson


Director Senior Manager
Direct Line: 1 876 932 8336 Direct Line: 1 876 932 8378
Email: viveen.morrison@jm.pwc.com Email: kimblian.t.batson@jm.pwc.com

Sylvia A. Awori
Senior Manager
Direct Line: 1 876 922 6230
Email: sylvia.a.awori@jm.pwc.com

2015 PricewaterhouseCoopers. All rights reserved. PwC refers to the Jamaica member firm and may sometimes 7refer
to the PwC network. Each member firm is a separate legal entity. Please see www.pwc.com/structure for further details.

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