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Income Tax (Amendment) (No 2) Act 2003

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No. 14 of 2003. The Income Tax (Amendmen9
(No. 2) Act, 2003.



[ L.S. ]
I Assent,

James B. Carlisle,

14th November, 2003.


No. 14 of 2003

AN ACT to amend the Income Tax Act.

[ 4th December, 2003 ]

ENACTED by the Parliament of Antigua and Barbuda as
follows -

1. This Act may be cited as the Income Tax (Amendment) Short title.
(No. 2) Act, 2003.

2. Section 62 of the Income Tax Act is amended as folloas: Amendment of
section 62
Cap. 212

'(a) by the deletion of subsections (3) and (4) and the
\ substitution of the following -

"(3) The making of an objection or appeal
under this Act shall not act as a stay of the
collection and payment of the assessed tax;
provided that the Commissioner may order
the stay of the collection and payment of the
whole or part of the assessed tax until the de-

ANTIGUA 2 The Income Tax (Amendment)
AND (No. 2) Act, 2003.


No. 14 of 2003.

termination of the objection or appeal is com-
pleted if it would be unjust not to do so.

(4) A taxpayer who files an objection or
appeal against an assessment of his tax may
apply in writing to the Commissioner for a
stay of the collection and payment of the as-
sessed tax until the final determination of his
objection or appeal.

(5) Every application for a stay shall state
the precise grounds or reasons for the appli-
cation and shall contain supporting evidence
to enable the Commissioner to determine
whether to grant or deny the application.

(6) The Commissioner may, if he consid-
ers it necessary, require the taxpayer, by no-
tice, to furnish him with additional evidence
within fourteen'(14) days of the date of the

(7) In determining whether to grant or deny
an application for a stay the Commissioner
shall consider any documentary evidence or
other explanation that may -

(a) justify an adjustment in the as-
sessed tax;

(b) result in the bankruptcy of the
business; or

(c) cause undue hardship to the tax-
payy, such as the closure of the
business or the disposal of the
fixed assets of the businesss,
which may directly affect the
business operation of the tax-

(b) by the renumbering of subsections (5) and (6) as
subsections (8) and (9).

No. 14 of 2003. The Income Tax (Amendment) 3 ANTIGUA
(No. 2) Act, 2003. AND


Passed the House of Representatives Passed the Senate this 18th day of
this 12th day of September, 2003. September, 2003.


B. Harris, M. Percival,
Speaker. President.

S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.

Printed at the Government Printing Office, Antigua and Barbuda,
by Walter A. Massiah, Government Printer

- By Authority, 2003.
800 - 12.03 [ pn'ce &.90 ]