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Belize Telemedia Ordered To Pay Business Tax,
by Leroy Baker, Tax-News.com, New York
Wednesday, July 02, 2008
Belize Revenue Magistrate, Ed Usher, has ordered Belize Telemedia (BTL) to
pay business tax totalling more than BZD4.6mn (USD2.3mn) for the months of February
and March 2008.
The order was made on the morning of 24th June at a hearing held at the Magistrate’s
Court, Belize City.
The Magistrate ordered that of the total amount, Belize Telemedia must pay
the sum of BZD2,36mn by the 1st July 2008, and the balance of BZD2.3mn by the
8th July 2008.
The order follows the ruling of the Chief Justice given on the previous day
dismissing the company’s application for an injunction to restrain the
government from collecting business tax.
Telemedia had attempted to argue that under a favourable arrangement struck
with the previous government of Prime minster Said Musa, its obligation to pay
business taxes in full were waived under certain circumstances.
However, during an extraordinary session beginning on 21st June, Chief Justice
Dr. Abdulai Conteh reviewed the case brought by BTL and decided that, while
the company was entitled to argue over the validity of its special arrangement
with the former government, it must continue to pay taxes until the issue is
fully resolved.
The court also said that proceedings in the London Court of International Arbitration
(LCIA) could not have any effect on the rights of a government to collect taxes
within its legal jurisdiction.
The contractual arrangement between BTL and the Musa government was referred
to the LCIA by the new administration of Prime Minister Dean Barrow, elected
in February 2008, when the incoming government learned of the special deal.
At the hearing before the Magistrate, the Commissioner of Income Tax was represented
by Senior Counsel, Lois Young, and Belize Telemedia by Senior Counsel, Eamon
Courtenay.
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