The Cook Islands news service (CINews) has
reported on what has been hailed on the Islands as one of the most significant
tax court cases for the country to date.
The case of Revenue Management vs. Beachcomber
Ltd. took place in the High Court and focused on the sale of goods to
tourists as set out in the Value Added Tax Act 1997. The retailer, Beachcomber
Ltd., claimed that over-the-counter sales to tourists were not liable
for VAT because they came under the "zero-rating" provisions
of the Act as goods for use outside the Cook Islands.
According to CINews, the judge decided that
all goods and services sold in the Cook Islands are subject to the 12.5
per cent VAT regardless of whether or not they were purchased by tourists.
The claim by Revenue Management, the government's tax department, was
for CI$42,485.80, plus additional tax, which according to CINews calculations
amounts to about CI$30,000 of penalty tax for non-payment. The total tax
payable came to in excess of CI$70,000.
Although the Revenue Management's policy is normally not to publicly comment on
court taxation cases, this case was the 'first of
its type which has gone before the courts on the "zero rating"
provision of the VAT Act.'
Treasurer of Revenue Management, Geoff Stoddart,
told CINews: 'With tourism being the mainstay industry of the Cooks, if
visiting tourists did not pay VAT, which makes up approximately 45 percent
of the tax revenue, then the Crown Revenue could have been undermined
had the court decision not been in favour of the Revenue Management office.'
He added: 'The Chief Justice's decision was
important for the community and business sector as a whole, as it heightened
awareness of the law and the need for businesses to comply.'