PIOJ Growth-Inducement Strategy - Planning Institute of Jamaica
PIOJ Growth-Inducement Strategy - Planning Institute of Jamaica
PIOJ Growth-Inducement Strategy - Planning Institute of Jamaica
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Exchange) provide a timely opportunity to revisit the growth-enhancing effects <strong>of</strong><br />
reducing the burden <strong>of</strong> these taxes on the domestic capital market.<br />
2.0 Scope <strong>of</strong> the Stamp Duty and Property Transfer Taxes<br />
Stamp duty is a tax charged for registering and legalizing documents/conveyances. In<br />
particular, capital market transactions (such as the issuance and trade in corporate debt<br />
instruments – bonds, debentures, promissory notes and commercial paper) that require<br />
documents to be stamped in order to register and legalize the transfer <strong>of</strong> the financial<br />
instruments, are liable for stamp duty. Duty rates are specified in the detailed schedule in<br />
the Stamp Duty Act and is split evenly between the transferor and transferee. 51<br />
Property transfer tax is levied on the transfer <strong>of</strong> “property”, which is defined to include,<br />
among other things: land, lease <strong>of</strong> land, and securities. Securities are defined in the<br />
Transfer Tax Act as the securities <strong>of</strong> a company, and includes any shares therein,<br />
debentures, and rights or interests in, to, or over any securities, but does not include<br />
bonds, or other securities issued by the Government <strong>of</strong> <strong>Jamaica</strong>. Further, debentures are<br />
defined as “any debentures, debenture stock or bonds <strong>of</strong> a company, whether constituting<br />
a charge on the assets <strong>of</strong> the company or not” 52 . Property transfer tax is currently levied<br />
at a rate <strong>of</strong> 4% <strong>of</strong> the market <strong>of</strong> the property being transferred and is payable by the<br />
transferor (or seller) <strong>of</strong> the property.<br />
Based on the scope <strong>of</strong> the stamp duty and property transfer tax outlined above, stamp<br />
duty and property transfer tax would be applicable to most debt and/or equity instruments<br />
issued and traded in <strong>Jamaica</strong>’s capital markets. 53<br />
3.0 Revisiting the Application <strong>of</strong> Stamp Duty and Property Transfer Taxes<br />
In the aftermath <strong>of</strong> the <strong>Jamaica</strong> Debt Exchange (JDX), domestic interest rates have<br />
declined:<br />
<br />
Interest rates on Government <strong>of</strong> <strong>Jamaica</strong> (GOJ) debt instruments have<br />
declined and remained relatively low. The benchmark 6-month GOJ treasury<br />
bill rate stood at 7.99% and the BOJ 30-day open-market rate was 8.0% at end<br />
<strong>of</strong> September 2010 compared with 17.35% and 12.5%, respectively, at end <strong>of</strong><br />
September 2009. By January 21, 2010 (approximately one year after the<br />
launch <strong>of</strong> the JDX), the GOJ benchmark rates had fallen further to 7.46%.<br />
51 Bahl & Wallace (2007), p.69, provide an illustrative listing <strong>of</strong> objects <strong>of</strong> stamp duty. Illustrative rates for<br />
typical debt instruments are as follows: Demand promissory notes (e.g. commercial paper) - $10 per $200<br />
or 5%); Bonds (given as security for the payment <strong>of</strong> any definite and certain sum <strong>of</strong> money) - $30 per$2000<br />
or 1.5%. (See the schedule to the Stamp Duty Act).<br />
52 See the Transfer Tax Act (emphasis added).<br />
53 There are specific exemptions from the application <strong>of</strong> the property transfer tax, notably shares quoted on<br />
the <strong>Jamaica</strong> Stock Exchange (or other recognized exchanges) and shares in unit trusts.<br />
151