Email

Print

In news from Magistrate’s Court, lawyers representing the Income Tax Commissioner and Belize Telemedia were back before Revenue Judge Edd Usher this morning, quarrelling over business tax arrears, again. The Income Tax Department has assessed Telemedia and two of its subsidiaries, BTL Digicell and Business Enterprise Systems Limited to owe just over four point one million dollars for the months of June and July. But according to attorney for all three companies, Elson Kaseke, his clients don’t owe any taxes because the Accommodation Agreement says so, and two, the Tax Commissioner is acting prematurely.

Kaseke submitted that while the taxes may be payable, quote “payable does not mean pay, it means it is due. This concept that this is ‘a pay now’ Act is totally misconceived by the very provisions of the Act.” Rebutting Kaseke’s position, Lois Young, acting on behalf of the Income Tax Department, made a blanket statement against Telemedia, telling the court, “This particular taxpayer has no intention of paying taxes unless it is ordered to.”

In response to the argument that the monies can be held over until the appeals are concluded, Young pointed to specific sections of the law which states that assessed taxes are due and payable without further demand and that the Chief Collector shall enforce collection irrespective of any appeal or review. Tension was running high in the courtroom and twice Magistrate Usher had to call the court to order and reprimand the attorneys for breaches of ‘basic court etiquette.' After hearing closing arguments from both sides, Usher has adjourned the matter until Thursday morning when he will deliver his decision.

Viewers should note that Telemedia and the other two companies have filed an appeal against the amount to the Income Tax Appeals Board and have alsosubmitted separate appeals in the Supreme Court challenging the enforcement procedure being used by the tax department as well as the previous payment orders made by the Revenue Magistrate.