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Court: BISL Doesn’t Owe Back Tax
Wed, October 1, 2014

Since July, the Government of Belize and the Ashcroft Allied, Belize International Services Limited, which used to managed the IMMARBE and IBC Registries before Government Nationalized them, have been locked in a legal battle over 30 million dollars in taxes. The Government says that the company accrued these taxes for the past 20 years and counting. Well, the Supreme Court has ruled that these taxes cannot be enforced because they are unlawful.

As we told you, BISL's attorney Eamon Courtney argued before Justice Shona Griffith these taxes from the Commissioner are arbitrary because BISL operated as an IBC, and therefore has tax-free status. Deputy Solicitor General Nigel Hawke countered that BISL lost that status because they were doing business with local companies and persons, and therefore, they are taxable.

It's all a part of the legal battle over the IMMARBE and IBC Registries which the companies took over control from BISL, and today, Courtenay told our colleague from PLUSTV that this win serves his clients well in the quest to get back these registries:

Eamon Courtenay, SC – Attorney for BISL

"What the judge had said is that, that was an unlawful assessment and she said because section 130 of the international business company act specifically exempts all IBC from the payment of taxes and so she squashed the assessments by the commissioner. very importantly what the judge said was that the argument by the government is the BISL was carrying on business with persons resident in Belize, meant that they were foul of section 5 of the act, which then meant they were available to be taxed. She said that, that is wrong. Even if you carry on business with people resident in Belize, which is not allowed by the law, it doesn't mean you are no longer an IBC. You continue to be an IBC but you can be subject to a fine and is not that it means you can be assessed.

Aaron Humes - Freelance Reporter

"And you had asked for other relieves in relation to constitutional matters, and the court said they decide they will not get into that. So what does it mean for the concurrent claim in regards to the taking over of two registries?"

Eamon Courtenay

"That is another court, and that will come up later this month before Ms. Madam Justice Arana, where we are seeking constitutional relief and damages for the unlawful taking of our client's property, so that is before Justice Arana. It was helpful to the client because what the client was facing was an assessment of the 30 million dollars with interest and penalty continuing to accrue. On the one hand, and then clearly government was going to say they will set off for what ever damages in the other matter against the 30 million. Well there is no 30 million now."

As noted in the interview, the larger legal challenge over the registries continues in the Supreme Court.

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