On 20th July, 2015 the Tax Appeal Board delivered it decision in Sagicor General Insurance Inc v The Board of Inland Revenue. That appeal raised the important and novel issue of the right of taxpayers and the duties of the Board of Inland Revenue (“BIR”) where the Taxpayer discovers an error or mistake in an original Tax Return which formed the basis of an assessment by the BIR. That issue had never been considered before by a Tax Court in the Caribbean.
Over the past 4 months there has been a fairly intense debate, both here and in the wider Caribbean, on whether the Caribbean Court of Justice (“CCJ”) should replace the Privy Council (“PC”) as the apex Court of Appeal for Trinidad and Tobago and countries of the Caribbean.
Multinational corporations operating in the Caribbean have an enduring concern and exposure to withholding tax arising from the provision of technical and support services to their subsidiaries in that region.