Insurance Levy Act

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Published: 1977

Insurance Levy (CAP. 219 1



Arrangement of Sections

1. Short title.
2 . Interpretation.
3 . Imposition.
4. Returns.
5. Recovery of levy.
6. Offences.


(21st March, 1977.)

1. This Act may be cited as the Insurance Levy Act. Short title.

2. In this Act, unless the context otherwise requires- Interpretation.

"Commissioner" means the officer for the time being
performing the duties of Commissioner of Inland
Revenue under the Inland Revenue Administration
Act and includes any officer duly authorised to act Cap. 217.
on his behalf;

"registered insurer" means an insurer registered under
Part I of the Insurance Act. Cap. 218.

3. (1) Every registered insurer and every insurance Imposition.
broker who places business with an insurer who is not
registered under Part I of the Insurance Act shall be liable


2 CAP. 219) Insurance Levy


to a tax (to be known as "Insurance Levy") in respect of
the premium on all classes of insurance except motor vehicles
and whether in respect of new policies or renewal of existing

(2) The Insurance Levy shall be at the rate of three
per cent of the premium paid to the insurer, less the agent's
commission, and shall be paid to the Commissioner within
thirty days after the end of the month during which payment
of premium was received.

(3) The Minister may by Order vary the levy.

4. (1) Every registered insurer and every insurance
broker who places business with an insurer who is not
registered under Part I of the Insurance Act shall make a
return for every month in such form as may be approved
by the Commissioner showing-

(a) the amount of insurance premiums received;

( 6 ) the amount of insurance levy payable,
and such return shall be furnished to the Commissioner
within the time specified in section 3 (2) for payment of the

(2) Where any registered insurer carries on business
in Antigua and Barbuda only through a registered insurance
agent, the obligation to make a monthly return, imposed
by subsection (1) shall be complied with by the agent of the

Recovery of levy. 5 . Any insurance levy due under this Act may be
recovered by the Commissioner as a debt due to the Crown
and without prejudice to any other remedy, may be recovered
in a court of competent jurisdiction as a civil debt.

Offences. 6 . (1) Any person who-
(a) wilfully fails to make a return or pay the tax

due under this Act; or

(6) knowingly furnishes a return required under
section 4 which is false in any material particular,

shall be guilty of an offence and liable on summary conviction


Insurance Levy (CAP. 219 3

to a fine not exceeding five thousand dollars or to imprison-
ment for a term not exceeding one year.

(2) Where the offence is committed by a body corporate,
any person who at the time of the commission of the offence
was a Director, Manager, Secretary or other similar officer
of the body corporate, or purported to act in any such
capacity, shall be deemed to have committed that offence,
unless he proves that the contravention was committed
without his consent or connivance and that he exercised all
such diligence to prevent the commission of the offence as
he ought to have exercised having regard to the nature of
his functions in that capacity and to all the circumstances.
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