No. 14 of 2003. The Income Tax (Amendmen9
(No. 2) Act, 2003.
1 ANTIGUA
AND
BARBUDA
[ L.S. ]
I Assent,
James B. Carlisle,
Governor-General.
14th November, 2003.
ANTIGUA AND BARBUDA
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.
BARBUDA
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
notice.
(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-
payer."
(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
BARBUDA
Passed the House of Representatives Passed the Senate this 18th day of
this 12th day of September, 2003. September, 2003.
i
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 ]
