Income Tax (Amendment) (No 2) Act 2003

Link to law: http://laws.gov.ag/acts/2003/a2003-14.pdf

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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 ]