Tourism Development
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Act
9 of 2000
Amended by
50 of 2000
2 of 2005
20 of 2005
2 of 2006
16 of 2006
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–65 ..
TOURISM DEVELOPMENT ACT
CHAPTER 87:22
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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LAWS OF TRINIDAD AND TOBAGO
Index of Subsidiary Legislation
Page
Tourism Development (Prescribed Forms) Regulations (LN 258/2000) … 46
Note on Subsidiary Legislation
Approved Tourism Project Orders made under sections 16 and 17 have been omitted.
References to these Orders may be found in the Current Edition of the Consolidated Index of
Acts and Subsidiary Legislation.
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CHAPTER 87:22
TOURISM DEVELOPMENT ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
PART 1
DEVELOPMENT INCENTIVES
3. Tax benefit.
4. Additional benefits.
4A. Requirements for projects to access benefits under Schedule 7.
5. Limitations on Tax benefits.
6. Tourism transfer tax.
7. Requirements for facilities to access benefits.
7A. Non-conferral of benefits.
PART 2
APPROVED TOURISM PROJECTS
8. Investment criteria.
9. Mandatory ownership by nationals of Trinidad and Tobago and other
Member States.
10. Application for approval of project.
Further information to be furnished by applicant.
11. Application for approval of project in Tobago.
Further information to be furnished by applicant.
12. Information to be furnished by applicant.
13. Interim approval of project.
14. Revocation of interim approval.
15. Determining capital expenditure.
16. Final approval of tourism project.
17. Effective dates of approved tourism project Orders.
18. Certificate of approval of capital expenditure.
19. Additional interim approval.
20. Restriction on grant of additional interim approval.
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ARRANGEMENT OF SECTIONS—Continued
SECTION
21. Extension of tax exemption period.
PART 3
CUSTOMS AND EXCISE DUTY EXEMPTIONS
22. Permit.
23. Form of permit.
24. Exemption from Customs duty.
25. Drawback privileges.
26. Drawback when duty not known.
27. Prohibited uses of materials.
28. Authorised disposal of materials and articles.
29. Exempt articles.
30. Revocation of permit.
31. Termination of permit.
32. Transfer of permit.
33. Amendment of Schedules.
PART 4
TAX BENEFITS
34. Application of Part 2.
35. New or existing tourism project exemption.
35A. Capital allowance and accelerated depreciation.
36. Determination of gains or profits.
Determination of losses.
Carry forward of losses.
37. Returns and assessments.
38. (Repealed by Act No. 20 of 2005 and Act No. 2 of 2006).
38A. Saving of tax benefit under repealed section 38.
PART 5
TRANSITIONAL AND MISCELLANEOUS PROVISIONS
39. Pending applications under repealed Act.
40. Saving of tax benefits under repealed Act.
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41. Retrospective effect.
41A. Owners and operators may apply for benefits.
42. Penalties.
43. Regulations.
44. Application of Acts.
45. Chapter 85:02 repealed.
SCHEDULE 1.
SCHEDULE 2.
SCHEDULE 3.
SCHEDULE 4.
SCHEDULE 5.
SCHEDULE 6.
SCHEDULE 7.
SCHEDULE 8.
SCHEDULE 9.
SCHEDULE 10.
SECTION
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
CHAPTER 87:22
TOURISM DEVELOPMENT ACT
An Act to facilitate the development of the Tourism Industry
by providing to investors incentives and concessions and
to make provision for matters incidental thereto.
[16TH OCTOBER 2000]
1. This Act may be cited as the Tourism Development Act.
2. (1) In this Act—
“accounting period” means each financial year of the owner or
the operator during the tax benefit period when accounts are
required to be kept as prescribed;
“additional capital expenditure” means capital expenditure
incurred in respect of an approved tourism project by way of
any additional project proposed for that tourism project;
“approved capital expenditure” means capital expenditure or
additional capital expenditure approved by the Minister
under Part 2;
“approved tourism project” means a tourism project declared so
to be by the Minister under Part 2;
“articles of equipment for tourism accommodation facilities”
means any of the articles set out in Schedule 1;
“articles of equipment for tourism ancillary facilities and
services” means any of the articles set out in Schedule 3;
“articles of tourism equipment” means any of the articles set out
in Schedules 1 and 3;
“Assembly” means the Tobago House of Assembly established
by section 141A of the Constitution;
“Board” means the Board of Inland Revenue established by
section 3 of the Income Tax Act;
“boatyard” means a facility that provides services to marine craft,
including but not limited to repair and maintenance services;
9 of 2000.
Commencement.
[237/2000].
Short title.
Interpretation.
[2 of 2005
20 of 2005
2 of 2006].
Schedule 1.
Schedule 3.
Ch. 1:01.
Ch. 75:01.
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“bridging finance” means proceeds of a bridging loan used for
the purposes of financing the construction of an approved
tourism project;
“camp site” means an area designated for the development of
eco-tourism, equipped with sanitary toilets, potable water,
and first-aid supplies;
“capital allowance” means the tax relief granted under this Act in
respect of items of approved capital expenditure that are not
items of depreciable equipment;
“capital expenditure” means expenditure which may be approved
for a project by the Minister under section 15(2);
“company” means a company limited by shares and registered
under the Companies Act and includes a corporation
incorporated by a special Act of Parliament;
“Comptroller” means the Comptroller of Customs and Excise;
“construction” means the erection of a structure to form a tourism
project or the expansion or alteration and renovation of an
existing structure to form a tourism project;
“Corporation” means the State Authority to which responsibility
for tourism in Trinidad and Tobago is assigned;
“cultural centre” means a specially prepared space for the
preservation, display or performance of items of culture;
“depreciable equipment” means any equipment, machinery,
furnishings, furniture, or articles used in a tourism project
and depreciable for tax purposes under the Income Tax Act;
“destination management company” means a company that
provides services, including contracts with hotels,
transportation companies, or other suppliers, to create tour
packages for resale or directly to consumers or travel agents;
“dive lodge” means a tourism accommodation facility that offers
a tourism product that includes scuba diving and other
recreational water sports;
“dive operation” means a company, partnership or individual that
provides recreational dive facilities, or offers for sale or
rental a guided exploration of the underwater environment,
using scuba diving or snorkelling equipment;
Ch. 81:01.
Ch. 75:01.
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“eco-lodge” means a nature dependent tourist accommodation
facility that meets the principles and philosophies of eco-
tourism in that it is developed and managed in an
environmentally sensitive manner, affords protection of its
operating environment and offers an educational and
participatory experience to visitors;
“existing tourism project” means a tourism project on which
construction, expansion or alteration commenced on or after
3rd August, 1995;
“golf course” means a course with a minimum of 9 holes or a full
miniature golf course open to tourists and the public;
“ground tour operation” means a company, partnership or
individual that provides a range of tour services for the
foreign or domestic tourism market;
“guest house” means a building having a minimum of eight
separate rooms each offering accommodation;
“hotel” means a building or group of buildings, including the
curtilage thereof and all buildings within the curtilage,
occupied together and used to provide the following
services to guests for reward:
(a) the supplying, under any arrangements of
rooms, and of laundry, dry-cleaning and valet
services to registered guests of the hotel;
(b) the supplying of food and restaurant services,
alcoholic and non-alcoholic beverages,
cigarettes, cigars and tobacco by the hotel
operator to customers of the hotel whether
registered guests or not;
(c) the supplying of any of the hotel’s facilities for
meetings, conventions, conferences, sales
promotions, parties and other entertainment to
customers of the hotel whether registered guests
or not;
(d) the supplying of car-parking services,
checkroom facilities and telephone services to
customers of the hotel whether registered guests
or not;
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(e) the rental of areas of the hotel premises to be used
as a barbershop, hair-dressing parlour, travel
agency, transportation services, banking services,
merchandise shops or for any other purpose as
the Minister may in writing approve; or
(f) the supplying of such service or the carrying on
of such activity, as the Minister may declare by
Order, relating to a specific hotel or generally, to
be an hotel service;
“IRD” means Integrated Resort Development referred to in
Schedule 5;
“interim approval” means the approval of a tourism project
recommended by the Corporation or the Assembly and
approved by the Minister under section 13;
“marina” means a non-residential establishment providing
berthing facilities for a minimum of ten marine craft or such
other number as approved by the Minister, showers and
change facilities and a receptacle for the disposal or
treatment of sewage or waste from visiting vessels; yard
space for maintenance activities, and a receptacle for
recycling oil, glass and batteries;
“Member State” has the meaning assigned to it in the Revised
Treaty of Chaguaramas;
“Minister” means the Minister to whom responsibility for
tourism is assigned;
“national” means a person who—
(a) is a citizen of Trinidad and Tobago or of another
Member State;
(b) has a connection with—
(i) Trinidad and Tobago of a kind which
entitles the person to be regarded as a
resident of Trinidad and Tobago, within
the meaning of the Immigration Act; or
(ii) another Member State of a kind which
entitles the person to be regarded as
belonging to it for the purposes of the laws
Ch. 18.01.
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of that State relating to immigration or if it
be so expressed in those laws, as being a
native or resident of that Member State;
(c) is a company or other legal entity—
(i) incorporated or constituted in Trinidad
and Tobago in conformity with its laws;
(ii) incorporated or constituted in another
Member State in conformity with its laws
which that Member State regards as
belonging to it;
(iii) formed for gainful purposes;
(iv) has its registered office and central
administration and carries on substantial
activity within the Community; and
(v) which is substantially owned and
effectively controlled by persons
mentioned in paragraphs (a) and (b);
“new tourism project” means a tourism project that has been
constructed otherwise than by the reconstruction, alteration,
renovation, or extension of an existing tourism project;
“operator” means an individual, a partnership or a company that
operates an approved tourism project owned by or leased to
the individual, partnership or company and includes their
respective successors in title;
“Order” means an Order of the Minister made under Part 2 declaring
any tourism project to be an approved tourism project;
“owner” means an individual, partnership or a company that
owns or owns and develops an approved tourism project but
that is not an operator in respect of that tourism project and
includes their respective successors in title;
“permit” means a permit granted by the Minister under Part 3;
“recreational space” means space utilised primarily for recreation
and entertainment of tourists;
“Revised Treaty of Chaguaramas” means the Treaty establishing
the Caribbean Community (CARICOM), including the
CARICOM Single Market and Economy, signed at Nassau,
The Bahamas, on 5th July, 2001;
UNOFFICIAL VERSION
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“room” means the sleeping room of a tourism accommodation
facility which is of a specified minimum size, is furnished,
includes bathroom and toilet facilities and for which daily
housekeeping services are provided;
“State Authority” means an enterprise owned or controlled by or
on behalf of the State so, however, that an enterprise shall be
taken to be controlled by the State if the Government or any
body controlled by the Government—
(a) exercises or is entitled to exercise control
directly or indirectly over the affairs of the
enterprise;
(b) is entitled to appoint a majority of the directors
of the Board of Directors of the Enterprise; or
(c) holds at least fifty per cent of the ordinary share
capital of the enterprise;
“tax” means income or corporation tax;
“tax benefit” means any tax exemption or tax relief granted
pursuant to this Act;
“tax exemption” means any exemption from tax in respect of
gains or profits;
“theme parks” means recreational space having a definable
theme where such a theme ranges from history to fantasy,
providing a range of activities for entertainment;
“tourism project” means a project as set out in Schedules 2, 5 and
6, and involves activities listed in Schedule 4;
“tourist” means one who travels to Trinidad and Tobago for
business or pleasure or one who travels within Trinidad and
Tobago for pleasure;
“tourist accommodation project” means a tourism project
specified in Schedule 5;
“tourism ancillary facilities and services” means a project
providing support for tourism and exists for the sole purpose
of providing entertainment and attractions for use by tourists
as listed in Schedule 2;
“tourism infrastructure” means any public goods provided
primarily in support of tourism development, including but
not limited to items set out in Schedule 6; and
Schedules 2, 5,
6 and 4.
Schedule 5.
Schedule 2.
Schedule 6.
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“transportation service” means but is not limited to ferry
services, charter boats, VIP limousines, motor cars, tour
buses, taxis or any other resources as may be recommended
by the Corporation or the Assembly where applicable and
approved by the Minister.
(2) For the purposes of the definition of “national”, a
company or other legal entity is—
(a) substantially owned if more than fifty per cent of
the equity interest therein, is beneficially owned
by nationals mentioned in subsection (1)(a) or (b);
(b) effectively controlled if the nationals mentioned
in subsection (1)(a) or (b) have the power to
name a majority of its directors or otherwise
legally, to direct its actions.
PART 1
DEVELOPMENT INCENTIVES
3. (1) For the purpose of encouraging the development of
the tourism industry in Trinidad and Tobago the Minister may
confer any of the tax benefits described in subsections (3), (4)
and (5) on owners or operators, as the case may require.
(2) In conferring the tax benefits referred to in
subsection (1) the Minister shall have regard to the amount of
capital invested by an owner or operator and the consequent
financial risk as well as the measure of contribution that the
owner or operator has made or is likely to make to the
sustainable development of the tourism industry in Trinidad and
Tobago and the achievement of national tourism objectives.
(3) The tax benefits which the Minister may confer on
an owner or operator when an approved tourism project results in
the creation of a new tourism project or the expansion of an
existing tourism project, shall be—
(a) a tax exemption not exceeding seven years in
respect of the gains or profits from the approved
tourism project;
Tax benefit.
[20 of 2005
2 of 2006
16 of 2006].
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(b) a tax exemption in respect of the gains or profits
derived from the initial sale of a villa or
condominium or the site for a villa or
condominium that forms part of an IRD which
is an approved tourism project;
(c) an accelerated depreciation of depreciable
equipment owned by the owner or operator and
used in an approved tourism project; and
(d) a capital allowance in respect of approved capital
expenditure incurred by the owner or operator in
the creation of a new tourism project or in the
expansion of an existing tourism project.
(4) In addition to the tax relief mentioned in
subsection (3) the following tax benefits may, subject to
Part 4, be granted during the period that a tourism project is
an approved tourism project:
(a) a carry-over from a tax exemption period, if any,
of any loss arising out of the operation or
renting of an approved tourism project;
(b) (Repealed by Act No. 2 of 2006).
(5) The owner or operator of an approved tourism
project who receives a tax exemption under subsection (3) shall
keep a separate account of all gains or profits that are tax exempt.
(6) Where the owner or operator referred to in
subsection (5) is a company and pays a dividend out of the
gains or profits, the dividend so paid shall be exempt from tax
where the recipient is—
(a) a non-resident shareholder who is a national; or
(b) a non-resident shareholder who is not a national
and who is not liable to tax in respect of that
dividend in the country in which he is a resident.
4. (1) On application by an importer, the Minister may
recommend to the Minister to whom the responsibility for Trade
and Industry is assigned, that a licence to import vehicles under
the requirements outlined in Schedule 7 be granted.
Additional
benefits.
[20 of 2005].
Schedule 7.
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(2) Where a licence is granted under subsection (1) the
importer shall pay—
(a) Customs duty at the rate of ten per cent; and
(b) Value Added Tax.
(3) Where a licence is granted under subsection (1), the
importer shall be exempt from the payment of motor vehicles tax.
(4) In this section “importer” means the owner or
operator of a vehicle imported for use in an approved tourism
project in accordance with this Act.
4A. In conferring any of the benefits referred to in this Act on
the owner or operator of a vehicle that is used in an approved
tourism project as required by Schedule 7, the Corporation or the
Assembly, as the case may be, shall—
(a) verify that the owner or operator belongs to a
bona fide tourism industry association;
(b) ensure that the vehicle is owned or operated by
a going concern within the tourism sector;
(c) ensure that, where applicable, the vehicle is
registered as a hired vehicle, as required by the
laws of Trinidad and Tobago governing the
registration of motor vehicles; and
(d) ensure that the vehicle is used in accordance
with Schedule 7, failing which the owner or
operator shall be required to repay an amount
equivalent to the benefits granted under
section 4, subsections (2)(a) and (3).
5. Except in the case of an additional capital expenditure
under Part 2, no person who has been granted an interim approval
shall apply for or receive an additional interim approval in
respect of the same tourism project.
6. (1) Where a tourism project or any part thereof, which
enjoyed benefits under the Act is sold or used other than in a
manner stated in the Order, a tourism project transfer tax
Requirements
for projects to
access benefits
under
Schedule 7.
[20 of 2005].
Limitations on
Tax benefits.
Tourism
Transfer Tax.
[50 of 2000].
UNOFFICIAL VERSION
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calculated on the market value of the tourism project or any part
thereof shall be paid by the vendor to the Board at the appropriate
rate as set out in Schedule 8.
(2) The transfer tax referred to in subsection (1) shall
be in lieu of the stamp duty normally payable by the purchaser
in respect of a conveyance on sale under the Stamp Duty Act.
(3) This section shall not apply to the sale or lease of a
villa or condominium or the site for a villa or condominium
which forms part of an IRD which is an approved tourism project.
(4) The Minister may in certain cases, approve of the
sale or changed use of the project in circumstances where he
considers it equitable to do so and in giving such approval will
state what portion of the transfer tax as set out in Schedule 8 shall
be exempted.
(5) A person who contravenes this section commits an
offence and is liable on summary conviction to a fine of one
million, five hundred thousand dollars and to imprisonment for
two years.
7. Tourism projects seeking to access benefits under
this Act—
(a) must be registered with the Corporation or the
Assembly;
(b) are subject to annual inspection by the
Corporation in respect of matters concerning
Trinidad, and the Assembly in matters
concerning Tobago;
(c) must provide relevant statistics/economic data
at intervals as required by the Corporation or the
Assembly;
(d) must as far as possible, engage the human
resources of Trinidad and Tobago or a Member
State;
(e) must show linkages to the agricultural,
construction and furniture industries and
Schedule 8.
Ch. 76:01.
Requirements
for facilities to
access benefits.
[2 of 2005].
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other manufactured goods and services of
Trinidad and Tobago.
7A. No benefits under this Act shall be conferred on—
(a) the purchaser or lessee of a villa or
condominium or the site for a villa or
condominium unit in an IRD which is an
approved tourism project; or
(b) an owner or operator who has not obtained an
order in accordance with this Act.
PART 2
APPROVED TOURISM PROJECTS
8. In order to obtain benefits under this Part, a tourism
project shall—
(a) in relation to international investors, have a
minimum capital expenditure as outlined in
Schedule 9;
(b) be constructed or undertaken primarily for use
in the tourism industry; and
(c) be available on a continuing basis for use in the
promotion of Trinidad and Tobago as a tourist
destination.
9. Tourism projects the incentives for which will be
reserved solely for nationals of Trinidad and Tobago and other
Member States are—
(a) accommodation facilities under twenty-one
rooms;
(b) transportation services;
(c) ground tour operations or destination
management companies; and
(d) dive operations.
10. (1) Where a project is contemplated, any person who
owns or operates or intends to own or operate the tourism project
or proposed tourism project in respect of which the project is
Non-conferral
of benefits.
Investment
criteria.
[20 of 2005].
Schedule 9.
Mandatory
ownership by
nationals of
Trinidad and
Tobago and
other Member
States.
[2 of 2005].
Application for
approval of
project.
[20 of 2005].
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contemplated, may apply to the Corporation in the form
prescribed to have the tourism project approved for the purposes
of this Act.
(2) Upon receipt of an application under subsection (1),
the Corporation may require the applicant to submit such
information and plans as required, and the Corporation may
require that satisfactory evidence be submitted to it with respect
to any matter relevant to the application, proposed project,
ownership of the tourism project or proposed tourism project or
lands to be used in connection therewith, or to the estimated
expenditure on the project, or the source of the funds thereof.
(3) The Corporation upon receipt of the information,
plans, evidence or estimate requested in accordance with
subsection (1) shall examine the application and upon
consideration of the approved criteria and guidelines in
accordance with this Act make the necessary recommendations
to the Minister no later than thirty days after receipt of
the application.
11. (1) Where a project is contemplated in Tobago, any
person who owns or operates projects in Tobago, or intends to
own or operate the tourism project contemplated may apply to
the Corporation in the form prescribed, to have the tourism
project approved for the purposes of this Act.
(2) Upon receipt of an application under subsection (1)
the Corporation may require the applicant to submit such
information and plans as required, and without limiting the
generality of the foregoing, the Corporation shall submit the
application to the Assembly for recommendations. The Assembly
may require that satisfactory evidence be submitted to it with
respect to any matter relevant to the application, proposed project,
ownership of the tourism project or proposed tourism project or
lands to be used in connection therewith, or to the estimated
expenditure on the project, or the source of the funds thereof.
(3) The Assembly, upon receipt of the information,
plans, evidence or estimate requested in accordance with
subsection (2) shall examine the application and upon
Further
information to
be furnished by
applicant.
Application for
approval of
project in
Tobago.
[20 of 2005].
Further
information to
be furnished by
applicant.
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consideration of the approved criteria and guidelines in
accordance with this Act, shall make the necessary
recommendations to the Minister no later than thirty days after
the receipt of the application.
12. (1) Every application under sections 10 and 11 shall be
accompanied by a proposal for the tourism project containing
such information where applicable set out in Schedules 7 and 9.
(2) Notwithstanding subsection (1), the Corporation, or
the Assembly, may require the applicant to submit such other
information with respect to any matter relevant to the application
or the proposed project.
13. (1) Where the Minister is satisfied that the tourism
project is practical and that it would assist the development of the
tourism industry in Trinidad and Tobago and is otherwise in the
public interest and has received the recommendations of the
Assembly for the project in Tobago, the Minister may grant to the
applicant an Interim Certificate of Approval, within forty-five
days after receipt of the completed application under sections 10
and 11 or within such further time as he may think fit.
(2) The Interim Certificate of Approval granted under
subsection (1)—
(a) shall be in such form and contain such
particulars as may be prescribed;
(b) shall specify the tax benefits that will be granted
to the owner or operator on completion of the
project; and
(c) may impose such terms and conditions to be
observed by the owner or operator.
14. (1) An interim approval may be revoked by the Minister
at any time if—
(a) any of the information given on the application
thereof was false or misleading in any
material respect;
Information to
be furnished by
applicant.
[20 of 2005].
Schedules 7
and 9.
Interim
approval of
project.
Revocation of
interim
approval.
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(b) the person to whom the interim approval was
granted has become unable to carry out or
complete the project approved by the interim
approval; or
(c) the person to whom the interim approval was
granted has failed to comply with any term or
condition stated therein as required by the
regulations,
and the Minister shall cause written notice of the revocation of an
interim approval to be given to the person to whom the interim
approval was granted.
(2) Unless sooner revoked under subsection (1), an
interim approval is revoked when, upon completion of the project
thereby approved, the Minister makes an Order under section 16 in
respect of the tourism project for which the project was carried out.
(3) The Minister may revive an interim approval
revoked under subsection (1) if in his opinion it is in the public
interest to do so, or he may grant a new interim approval in
respect of the proposed or incomplete project.
15. (1) After the receipt of such plans and specifications and
other details as may be required to enable him to do so, the
Minister shall, as soon as practicable, determine for the purposes
of this Act the estimated amount of capital expenditure on items
for the project.
(2) For the purposes of this Act, capital expenditure
which may be approved for a project is expenditure in
respect of—
(a) the construction of a new tourism project or a
building to be made into a tourism project;
(b) the expansion or addition to an approved
tourism project;
(c) the furnishing and equipping of the tourism
project, referred to in paragraph (a) or (b); and
Determining
capital
expenditure.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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20 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
(d) subject to subsection (3), the advertising and
promotion of the tourism project to which the
approved tourism project relates, if the
expenditure is made before the interim approval
is revoked under section 14(1) and 14(2).
(3) So much of an expenditure for advertising or
promotion of any project that exceeds ten per cent of the
aggregate of the other approved capital expenditures in respect of
that project shall not be approved as a capital expenditure.
(4) The capital expenditure that is approved by the
Minister in respect of a project shall be certified by the Minister to
the holder of the interim approval granted in respect of that project,
and the Minister may, after a request by the holder of the interim
approval, add to, delete from or otherwise vary the items of capital
expenditure that will be approved by him, where it is fit and proper
to do so in the circumstances of the case; and any such addition,
deletion or variation shall be notified by a further certificate from
the Minister to the person to whom the interim approval is granted.
16. (1) When any tourism project has been completed
substantially in accordance with the conditions of the interim
approval granted in respect thereof, the Minister shall, by Order (in
this Act referred to as “an approved tourism project Order”), declare
the tourism project in respect of which the project was carried out
to be an approved tourism project for the purposes of this Act.
(2) An approved tourism project Order made under
subsection (1)—
(a) shall be in such form and contain such
particulars as may be prescribed;
(b) shall specify the tax benefits granted to the
owner or to the operator;
(c) may impose continuing conditions to be
observed by the owner or the operator in default
of the observation of which the approved
tourism project Order shall become inoperative
with effect from such date as may be fixed by
the Minister by Notification.
Final approval
of tourism
project.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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17. (1) An approved tourism project Order shall fix—
(a) the effective date of the Order in respect of the
operator; and
(b) if there is an owner of the approved tourism
project who is entitled to any tax benefit, the
effective date of the Order in respect of that
owner.
(2) The date fixed in respect of an owner may be an
earlier date than that fixed in respect of an operator but both dates
or either of them may antedate the date of the making of the
approved tourism project Order.
(3) The date or dates fixed in and by any approved
tourism project Order in respect of an operator and an owner, as
the case may be, shall be taken, for the purpose of computing tax
benefits, to be the beginning of the accounting period of that
owner or operator.
18. (1) Before an approved tourism project Order is made,
the owner or operator as the case may be, who has incurred an
approved capital expenditure in respect of the project is entitled
to receive from the Minister a certificate of approval of the
capital expenditures actually and bona fide made in respect of the
project for which interim approval had been granted, if the items
of capital expenditure—
(a) are verified in such manner as the Minister may
require; and
(b) are capital expenditure previously included in
the estimated capital expenditures approved for
the project or, if not such an expenditure, are
capital expenditures acceptable to the Minister.
(2) A copy of any certificate of approval given by the
Minister under this section shall be deposited with the Board.
(3) A certificate of approval of capital expenditures shall
be in such form as may be prescribed.
Effective dates
of approved
tourism project
Orders.
Certificate of
approval of
capital
expenditure.
[20 of 2005].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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22 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
19. (1) Where the Minister is satisfied that an approved
tourism project would be better able to contribute to the
development of the economy of Trinidad and Tobago if the
tourism project were extended, remodelled, added to or if the
tourism project were to be further equipped or furnished or were
to add to its services by any of these means during the tax
exemption period, the Minister may, subject to section 18, grant
an additional interim approval in respect of the project proposed
for the tourism project.
(2) An additional interim approval granted under this
section shall be dealt with in all respects so far as practicable as
an interim approval granted under section 14, but no additional
approved tourism project Order need be made in respect of the
approved tourism project for which the additional interim
approval is granted.
(3) An additional interim approval under this section is
revoked upon the certificate of the Minister that the project is
completed, and the Minister shall approve the items of additional
capital expenditure after verification thereof, in the same manner
and upon the same conditions, mutatis mutandis, as a certificate
of approval of capital expenditure under section 18.
20. An additional interim approval shall not be granted under
section 19 in respect of a project unless the Minister is satisfied
by such evidence as he may require—
(a) that the nature and purpose of the project
warrants fiscal benefits under this Act; and
(b) that the project is likely to be completed within
the tax exemption period or within six months
after the tax exemption period of that approved
tourism project.
21. (1) Where an additional interim approval has been
granted under section 19 for a project and the period during
which the approved tourism project is exempt from tax is less
than seven years, if the Minister is satisfied that an additional
capital expenditure made in respect of that approved tourism
Additional
interim
approval.
Restriction on
grant of
additional
interim
approval.
Extension of
tax exemption
period.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
project warrants it, the Minister, upon completion of that project,
in accordance with the additional interim approval therefor, may,
by Notification, extend the period of tax exemption to any period
not extending beyond seven years from the effective date of the
Order made in respect of the approved tourism project.
(2) Where a Notification is published in accordance
with subsection (1) the relevant approved tourism project Order
shall be deemed to be amended accordingly.
PART 3
CUSTOMS AND EXCISE DUTY EXEMPTIONS
22. (1) Where a person has been granted an interim
approval or an additional interim approval under Part 2, the
Minister may, upon application, grant to that person a permit—
(a) for the importation or entry into Trinidad and
Tobago free of Customs duty; and
(b) for the purchase in Trinidad and Tobago with the
privilege of a drawback of Customs duties or
Excise duties,
of such building materials which are not already duty free and of
such articles of tourism equipment.
(2) A permit is subject to the conditions that the building
materials and articles of tourism equipment therein specified
shall be used exclusively in connection with the construction and
equipment of the project for which the interim approval or the
additional interim approval has been granted and that such
building materials and articles of tourism equipment are not
manufactured locally or not readily available locally.
(3) No permit shall, without the written permission of
the Minister, be used for the importation, entry or purchase of an
article of tourism equipment to replace an article of tourism
equipment that has been imported, entered or purchased under
that or any other earlier permit or any licence granted under the
former Hotel Development Act.
Permit.
[20 of 2005].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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24 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
23. A permit shall be in such form and shall be subject to
such terms as may be prescribed but must include the type of
materials and a description of every article of tourism equipment
as well as their quantities.
24. (1) The holder of a permit may, upon the production of
the permit to the Comptroller, import into Trinidad and Tobago
subject to the terms of the permit such building materials and
articles of tourism equipment as are specified in the permit at the
approved rate of duty or free from duty.
(2) Where the goods are exempted from full Customs
duty for the avoidance of doubt Value Added Tax will still be
payable.
25. (1) Where the holder of a permit satisfies the
Comptroller—
(a) that any building materials or articles of tourism
equipment have been purchased by the holder of
the permit in Trinidad and Tobago in accordance
with the terms of his permit and that either—
(i) Customs duties were paid upon the
importation into Trinidad and Tobago of
the building materials or articles; or
(ii) Excise duty was paid upon the
manufacture in Trinidad and Tobago of
the building materials or articles; and
(b) of the amount of the Customs duties or Excise
duty so paid,
the holder of the permit is entitled to be paid an amount
equivalent to the amount of drawback that would have been
payable under any Regulations for the time being in force in
relation to the granting of drawback of Customs duties or Excise
duties if the building materials or articles of tourism equipment
had been exported from Trinidad and Tobago.
(2) No provision of any Regulations relating to the grant
of a drawback that restricts the payment of drawback to cases
where the goods in respect of which the payment is claimed are
exported within the specified period applies to any payment
under subsection (1).
Form of permit.
Exemption
from Customs
duty.
Drawback
privileges.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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L.R.O.
26. (1) Where the holder of a permit satisfies the Comptroller
that any building materials and articles of tourism equipment have
been purchased by the holder of the permit in Trinidad and Tobago
in accordance with the terms of his permit and—
(a) that Customs duties were paid upon the
importation into Trinidad and Tobago of the
building materials or articles of tourism
equipment or that Excise duty was paid upon the
manufacture in Trinidad and Tobago of the
building materials or articles; and
(b) that he is unable to ascertain the amount of the
Customs duties or Excise duty so paid,
the holder of the permit is entitled, subject to subsection (2), to be
paid such sum as the Comptroller thinks fit, and the
Comptroller’s calculation of Customs or Excise Duty in such
circumstances shall be final, unless an appeal is made to the Tax
Appeal Board within three months of the date of the
Comptroller’s calculation.
(2) No payment under this section shall—
(a) in the case of building materials or articles of
tourism equipment that are rated goods within
the meaning of any Act or Regulations for the
time being in force in relation to Customs or
Excise duties, exceed the lowest preferential
rate that has been in force for that description of
goods at any time during the two years next
preceding the date of purchase by the holder of
the permit; or
(b) in the case of any building materials or articles
of tourism equipment liable under any Act for
the time being in force in relation to Customs
duties or Excise duties exceed an amount equal
to an ad valorem duty of nine per cent of the
purchase price of the materials or articles, if the
lowest preferential ad valorem rate in force for
that description of goods for a period of two
Drawback
when duty not
known.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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26 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
years before the date of supply was fifteen per
cent or an amount equal to a pro rata sum, when
other ad valorem rates have been in force during
such periods.
27. (1) Notwithstanding any law to the contrary, where any
building materials or articles of tourism equipment have been
imported into Trinidad and Tobago under a permit or where any
sum has been paid under section 25 or 26 in respect of any
building materials or articles of tourism equipment, the building
materials or articles shall not, except as authorised by the
Minister under section 22—
(a) be sold, exchanged, given away or exported
from Trinidad and Tobago; or
(b) be applied for any purpose other than use in
connection with the construction or equipping
of the tourism project to which the permit to
which the building materials or articles were
specified relates.
(2) A person who contravenes subsection (1) shall be
liable on summary conviction to a fine of one hundred
thousand dollars or shall pay the relevant duties or to repay the
sums paid under section 25 or 26 in respect of the building
materials or articles of tourism equipment of which improper
disposal was made.
28. A holder of a permit who has imported into Trinidad and
Tobago building materials or articles of tourism equipment under
a permit may not dispose of them where they were imported—
(a) free of duty for a tourism project, during the
period of the tax holiday granted to that tourism
project;
(b) for a tourism project that was not granted a tax
holiday, during a period of five years after the
importation of the materials or articles into
Trinidad and Tobago.
Prohibited uses
of materials.
Authorised
disposal of
materials and
articles.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Tourism Development Chap. 87:22 27
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
29. (1) Where any articles of tourism equipment have been
imported into or purchased in Trinidad and Tobago under a
permit, the holder shall make an inventory of all such articles,
and the inventory shall be kept by the holder of the permit while
the permit subsists and thereafter it shall be kept by the manager
or person in charge of the tourism project.
(2) An inventory required under subsection (1) shall be
in such form as may be prescribed.
(3) An inventory required under subsection (1) shall be
open to inspection at all reasonable times by any person
authorised in writing by the Comptroller for that purpose, and the
person so authorised may do all acts or things necessary to satisfy
himself that the articles enumerated in the inventory are upon the
premises of the tourism project at the time of his inspection.
30. (1) If the Minister is satisfied that any holder of a
permit—
(a) has obtained the permit by any false statement;
(b) has abused or misused the permit;
(c) has broken or failed to comply with any
condition of the permit; or
(d) has failed to pay any sum payable by him under
this Part,
the Minister may by written notice to the holder of the permit
either suspend the operation of the permit for such time and
subject to such conditions as may be specified in the notice or
revoke the permit.
(2) In addition to suspending or revoking a permit, the
Minister may, in a case described in subsection (1), order the
holder of the permit to pay any relevant duties or to repay any
sums paid under section 25 or 26 in respect of any building
materials or articles of tourism equipment obtained under the
permit, and any sum so ordered to be paid are recoverable as a
civil debt.
Exempt
articles.
Revocation of
permit.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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28 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
31. (1) Subject to subsection (2) a permit expires upon
the revocation of the interim approval or the additional interim
approval of the project in respect of which the permit was granted.
(2) Where the construction of the tourism project in
respect of which a permit has been granted is completed for the
purposes of Part 2 but in the opinion of the Minister not complete
so far as the acquisition of building materials or articles of
tourism equipment is facilitated, the Minister may extend the
permit for such further period not exceeding twelve months as
the Minister may consider adequate in the circumstances.
32. (1) A permit is transferable only with the written
consent of the Minister.
(2) A person who—
(a) attempts to transfer a permit without the consent
of the Minister; or
(b) uses or attempts to make use of a permit that he
acquired by a purported transfer thereof to him,
is liable to prosecution under the Summary Offences Act.
(3) The Minister may, in his discretion, revoke or suspend
for such period as he thinks proper, a permit where the holder
thereof has been convicted of an offence under subsection (2)(a)
or where in the opinion of the Minister the holder of a permit that
was involved in an offence under subsection (2)(b) facilitated the
commission of that offence in any way.
33. The President may, by Order, amend the Schedules.
PART 4
TAX BENEFITS
34. Subject to section 38, the provisions of this Part apply to
a new or existing tourism project that has been declared by Order
to be an approved tourism project under Part 2 of this Act.
35. Subject to section 37, where an approved capital
expenditure was made in respect of a tourism project or an altered
existing project, and a tax exemption period has been granted in
Termination of
permit.
Transfer of
permit.
Ch. 11:02.
Amendment of
Schedules.
Application of
Part 2.
[20 of 2005].
New or existing
tourism project
exemption.
[20 of 2005].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 29
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
respect of that tourism project, then, as the case may be, gains or
profits accruing to the owner or operator from the approved
tourism project are exempt from tax for such period and from
such effective date as is fixed in the approved tourism project
Order made in respect of that tourism project.
35A. (1) Where capital allowance or accelerated depreciation
is granted in an approved tourism project Order—
(a) the capital allowance may be set off against the
gains or profits accruing to the owner or
operator from the rental or operation of the
approved tourism project at the rate of one-fifth
of the approved capital expenditures in each of
any five accounting periods during the eight
accounting periods after the accounting period
in which the tax exemption period expired and
not thereafter; and
(b) the accelerated depreciation on depreciable
equipment may be set off against the gains or
profits accruing to the owner or operator from
the rental or operation of the approved tourism
project at the rates prescribed in subsection (2) in
each of any five accounting periods during the
eight accounting periods after the accounting
period in which the tax exemption expired.
(2) Where an owner or operator is permitted
accelerated depreciation on depreciable equipment, the
following rates shall apply:
(a) for the first accounting period selected in
respect of the set off of the depreciation against
the gains or profits, twenty per cent of the
capital value of the depreciable equipment,
being equipment then in use in the approved
tourism project and owned by the owner or
operator as the case may be; and
(b) thereafter, for each successive accounting
period selected in respect of the set off, twenty
Capital
allowance and
accelerated
depreciation.
[20 of 2005].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
30 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
per cent of the capital value of the item as
depreciated at the end of the preceding selected
accounting period; but in lieu of an accelerated
depreciation of any item of depreciable
equipment the Board may, in its discretion and
having regard to the nature of the item, grant a
replacement allowance in respect of that item.
(3) Where no tax exemption period has been granted in
an approved tourism project Order made in respect of an
approved tourism project that is not new, the capital allowance or
accelerated depreciation may be set off against gains or profits
accruing to the owner or operator as in subsection (1), but during
the eight accounting periods immediately following the
accounting period in which the approved tourism project Order
was made.
36. (1) The gains or profits that are eligible for exemption
from tax in any accounting period shall be the gains or profits
derived by the owner or operator from the rental or operation of
the approved tourism project or the initial sale or lease of a villa
or condominium or the site for a villa or condominium which
forms part of an IRD which is an approved tourism project.
(2) The gains or profits for an accounting period,
accruing to the owner or operator of an approved tourism project,
shall be determined by deducting from the gross revenue derived
in that accounting period all allowances and deductions as are
applicable under the Income Tax Act or Corporation Tax Act.
(3) The losses incurred by the owner or operator of an
approved tourism project for an accounting period shall be
computed by deducting from the gross revenue derived in that
accounting period all allowances and deductions as are
applicable under the Income Tax Act or Corporation Tax Act.
(4) A loss incurred for an accounting period by the
owner or operator of an approved tourism project, arising out of
the rental or operation of such approved tourism project during
the tax exempt period, shall be held over and carried forward by
Determination
of gains or
profits.
Ch. 75:01.
Ch. 75:02.
Determination
of losses.
Carry forward
of losses.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
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L.R.O.
such owner or operator and shall be set off against any gains or
profits of such tourism project accruing to such owner or
operator after the expiration of the tax exempt period in
accordance with section 16 of the Income Tax Act.
37. (1) No gains or profits accruing to an owner or operator
from the operation of an approved tourism project are eligible for
tax benefits under section 35 or 36, unless separate books and
records are kept for each tourism project to the satisfaction of the
Board, and unless a return in respect of the gains or profits is
submitted to the Board in respect of the accounting period for
which the tax benefit is claimed.
(2) A loss may be held over and carried forward
where—
(a) a return is made to the Board in respect of the
accounting period in which the loss was
made; and
(b) a return is made to the Board for each
accounting period between the accounting
period in which the loss was made and the
accounting period or year of income, as the case
may be, in respect of which the loss is carried
forward.
(3) Where a return is made in respect of gains or profits
in accordance with this section, the Board shall, if it is satisfied
with the return so made, certify the amount of the gains or profits
shown in the return or if it is not so satisfied, certify such amount
as may appear to it to be the correct amount and the amount of
gains or profits so certified is the amount that is eligible for tax
exemption under this Act.
(4) The appeal provisions of section 3 of the Tax
Appeal Board Act apply mutatis mutandis in respect of an
owner or an operator who makes a return under subsection (1)
and is not satisfied with the amount certified by the Board under
subsection (2).
38. (Repealed and replaced by Act No. 20 of 2005 and was
subsequently repealed by Act No. 2 of 2006).
Ch. 75:01.
Returns and
assessments.
Ch. 4:50.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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32 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
38A. Notwithstanding the repeal of section 38, where, on or
before 31st December, 2005, a person would have been eligible
to enjoy tax benefits in relation to an approved loan under the
repealed section 38 as specified in an interim approval granted
under section 13, the provisions of that repealed section together
with other ancillary provisions of this Act shall continue to have
effect as if section 38 had not been repealed.
PART 5
TRANSITIONAL AND MISCELLANEOUS PROVISIONS
39. (1) Where on the commencement of this Act an
application for interim approval of a hotel under the former
Hotel Development Act (hereinafter referred to as “the repealed
Act”) is pending, that application shall be deemed to be an
application for an interim approval of a tourism project under
Part 2 and shall be dealt with in accordance with that Part.
(2) Any other application made on or after 3rd August,
1995 and pending under the repealed Act shall be deemed to be
an application for any similar benefit available under this Act.
40. Where on the commencement of this Act any person is
entitled under the former Hotel Development Act to tax benefits
in respect of any hotel project, the provisions of that former Act
shall continue to have effect so as to preserve the benefits
conferred on that person as specified in any interim approval,
additional interim approval or Order granted under that Act.
41. Where on the commencement of this Act any person is
engaged in the tourism project which commenced on, or after 3rd
August, 1995, in respect of which he may be eligible to enjoy tax
benefits under this Act, such person may submit an application
under this Act for the tax benefits that he would be entitled to,
had this Act been in force from 3rd August, 1995.
41A. For the avoidance of doubt, it is declared that, where
applicable, both the owner and operator of an approved tourism
project may apply for benefits under this Act and both the owner
Saving of tax
benefit under
repealed
section 38.
[2 of 2006].
Pending
applications
under repealed
Act.
Saving of tax
benefits under
repealed Act.
[20 of 2005].
Retrospective
effect.
[20 of 2005
2 of 2006].
Owners and
operators may
apply for
benefits.
[20 of 2005].
hat,
of
or
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
L.R.O.
and operator may be granted benefits under this Act, provided
that it is the intention of the owner or operator to own or operate,
respectively, a tourism project.
42. The Corporation or the Assembly, as applicable, shall
conduct annual inspections of tourism projects and failure to
meet the requirements set out by the Corporation or the
Assembly will result in a withdrawal of the interim approval or
additional interim approval or certificate of estimated capital
expenditure, as the case may be.
43. The President may make Regulations for the purpose of
carrying out the intent and purpose of this Act and in particular,
but without limiting the generality of the foregoing, may make
Regulations to—
(a) prescribe the form of applications to be made
for interim approvals, the manner of preparing
site plans of proposed tourism project or
buildings to be used as a tourism project, the
other plans and the form thereof and
specifications that are to accompany
applications for approval of projects relating to
a tourism project;
(b) prescribe the form and contents of interim
approvals and the conditions and terms to be
contained in interim approvals either generally or
in particular cases, and prescribe those
conditions, the breach of which will result in the
revocation or suspension of an interim approval;
(c) prescribe the manner and extent of itemising
capital expenditures or additional capital
expenditures to be approved for the purposes of
this Act;
(d) prescribe the form and contents of approved
tourism project Orders and provide for the
giving of security in the case of an approved
tourism project Order made in advance of
completion of an approved project;
Penalties.
[20 of 2005].
Regulations.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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34 Chap. 87:22 Tourism Development
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(e) prescribe the form of permits and the terms and
conditions under which permits are to be
granted;
(f) prescribe the type of mark to be affixed to any
article of tourism equipment imported or
purchased under a permit and the manner in
which the mark so prescribed is to be affixed to
any article;
(g) prescribe the form of inventory required by
section 29 to be kept in respect of articles of
tourism equipment imported or purchased
under a permit;
(h) provide for the determination for tax purposes
of the rent chargeable as a revenue expense by
an operator and as gains or profits accruing to
an owner in respect of any accounting period
where the Board is of the opinion that any rent
actually charged is unreasonable having regard
to the circumstances of the lease;
(i) provide for the making up of the accounts of
operators or owners at the beginning and end of
any tax exemption period, and the manner in
which the accounts are to be made up;
(j) prohibit, limit and control the making of loans
by a company operating or owning an approved
tourism project whether the loans are made to a
shareholder of the company or otherwise;
(k) make provision for any matter or thing
incidental or ancillary to any of the matters or
things mentioned in any of the foregoing
paragraphs, or for any matter or thing not being
so incidental or ancillary that is deemed to be
necessary or advisable in the administration of
this Act; and
(l) provide penalties by way of fine or
imprisonment or both for contraventions of the
Regulations, but any Regulation made under
this provision shall have no effect until
approved by resolution of the Senate and the
House of Representatives.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 35
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Applications
of Acts.
[20 of 2005]
Ch. 48:50.
Ch. 75:01.
Ch. 75:02.
Chapter 85:02
repealed.
[50 of 2000].
44. The provisions of the Motor Vehicles and Road Traffic
Act, the Income Tax Act and the Corporation Tax Act shall apply
to owners and operators under this Act with such modifications
as are necessary or expedient but subject always to this Act.
45. (1) The Hotel Development Act is hereby repealed.
(2) Notwithstanding subsection (1), every reference to
“Hotel Development Act” in any other written law shall be
deemed to be a reference to the Tourism Development Act.
SCHEDULE 1
ARTICLES OF EQUIPMENT FOR TOURISM
ACCOMMODATION FACILITIES
In keeping with national tourism objectives, the fostering of strong
linkages with other sectors such as agriculture, manufacturing and services is
considered priority. The following items will be allowed for importation free
of Customs and excise duties as long as they are not manufactured in the
desired quantities and quality in Trinidad and Tobago:
(a) Room furnishings and fixtures.
(b) Entertainment equipment including musical instruments,
electronic items and game apparatus.
(c) Cutlery, crockery, glassware and utensils.
(d) Mats, rugs, carpets and other floor coverings.
(e) Office equipment and furnishings.
(f) Kitchen equipment and appliances including stoves,
refrigerators, and exhaust fans.
(g) Air-conditioning apparatus and appliances, electric lamps
and fittings, electric fans and vacuum cleaners.
(h) Sewer systems.
(i) Environmentally-friendly and/or energy-saving devices such
as solar panels, heating equipment.
(j) Any other article or equipment for exclusive use in or in connection
with the operation of tourism accommodation facility except
foreign works of art, paintings, sculptures of historical foreign
significance which will be excluded from duty-free exemption.
(Section 2).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
36 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
SCHEDULE 2
AREAS OF ACTIVITY TO BE UNDERTAKEN BY
TOURISM ANCILLARY FACILITIES
1. Marinas.
2. Boatyards.
3. Dive operations.
4. Water sports.
5. Charter boats.
6. Cruise activities.
7. Tour Operations (land, sea and air).
8. Recreational Space Use.
9. Theme Parks.
10. Cultural centres.
11. Film making.
12. Special events.
13. Golf Courses (attached to tourism accommodation projects or stand alone
courses—all must be open for public use though).
(Section 2).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 37
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
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UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
38 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
SCHEDULE 4
ACTIVITIES UNDERTAKEN BY A TOURISM PROJECT
The construction, expansion, furnishing, renovation, refurbishment and
operation of tourist accommodation facilities, which includes Integrated
Resort Developments (IRD’s), Camp Sites, Guest Houses, Hotels, Resorts,
Dive and Eco Lodges, that are destined entirely for public tourist lodging.
These facilities must have a minimum of eight guest rooms, incur and pay the
relevant Hotel Accommodation Tax to the Board of Inland Revenue, in order
to access benefits under the proposed legislation.
[N.B. Part XI (Hotel Accommodation Tax) of the Finance Act of 1995 will therefore have to
be appropriately amended].
Establishment and provision of land and marine transportation services
that are destined mainly for public tourist use.
Construction, furnishing, equipping and operation of ancillary tourism
facilities/services.
Construction, furnishing, renovation, refurbishment, and expansion of
access infrastructures and operations of infrastructure for the specific purpose
of tourist use, including marinas, ports and airports.
Construction, furnishing, renovation, refurbishment, expansion and
operation of convention centres, shopping facilities for local craft having
tourist interest and recreational space.
Construction, furnishing, renovation, restoration, remodelling, expansion,
operation and maintenance of any real property for use as a historical museum
or for commercial public use at historical landmarks and heritage sites, in such
a manner as to showcase such a landmark/site and to preserve the integrity of
such a landmark/site in the history of Trinidad and Tobago.
The operation of an agency handling incoming air, land and sea tours
and/or destination management services devoted entirely to such an activity.
Any project producing feature films and international artistic or sports
events to be broadcast internationally, that includes spots promoting tourism
in Trinidad and Tobago.
(Section 2).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 39
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Construction, furnishing, renovation, refurbishment, expansion and
operation of theme parks, cultural centres or other like facility which will
create an attraction with international tourism appeal and which will showcase
the culture, heritage, history and artistic product of Trinidad and Tobago.
Owing to the dynamic nature of the tourism industry, it is not possible to
complete a comprehensive list of “tourism projects”. The national tourism
development agency will determine the validity of proposals for tourism
projects that are not defined by Schedules 1 and 2.
SCHEDULE 5
TOURIST ACCOMMODATION PROJECT
For the purposes of this legislation the following types of tourism
accommodation establishments will be eligible for incentives under this Act:
(i) Integrated Resort Development (IRD):
An IRD will be treated as an approved tourism project and be eligible for
incentives referred to where the IRD meets all of the following basic criteria:
It includes a hotel of at least 200 rooms.
It includes any major amenity/amenities such as a golf course or marina
and such other sporting, cultural or eco-tourism facilities.
It has a minimum capital expenditure of at least TT$350 million.
Additionally, where villas and condominiums form part of an IRD, they
will only be considered as tourist accommodation facilities where it is clearly
shown by the developer, that the construction of these villas and
condominiums are critical to the viability and success of the entire project. In
this regard, the full project proposal for an IRD submitted by a developer,
should include certain key pieces of information that the Minister responsible
for Tourism will consider in assessing whether the inclusion of villas and
condominiums is critical to the economic viability and the success of the
IRD, and if so, to what extent. The key pieces of information referred to
include the following:
The number of the villas and condominiums to be constructed as part of
an IRD.
(Section 2).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
40 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
The cost of construction of these villas and condominiums.
The selling prices and/or the cost of rental/lease of such units.
The cost of construction of amenities such as golf course and marina.
The cost of infrastructural works that the developer undertakes.
(ii) Hotel
(iii) Camp Site, Dive and Eco-Lodge
(iv) Guest house
The tourism accommodation projects outlined must also meet the
following criteria as applicable in order to be eligible for incentives under
this Act:
Establishments providing not less than 20 rooms should contain
public facilities, with an appropriate number of public rooms (dining, bar,
lounge) for the entertainment and accommodation of guests, having
regard to the size, type and location of the proposed establishment. The
facility must provide dining space for at least one half of the total number
of guests, and seating space in lounges and bars should provide for at least
one quarter of the total number of guests.
Development of a tourist accommodation facility must not, in
general, contain more than 50% of its bedroom accommodation in the
form of self-contained apartments and not more than a further 10%
provided with not larger than two-ring stoves and 3.0 cubic feet
refrigerator kitchenettes.
The letting of a room or apartment for the exclusive occupation of
any person or company for a period exceeding one month would be
regarded as inconsistent with the use of the accommodation facility.
Any accommodation facility having more than 250 bedrooms should
include a convention hall in its public amenities capable of
accommodating at least 75% of the maximum guest capacity, as well as
one or two smaller rooms suitable for small meetings, receptions, etc.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 41
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SCHEDULE 6
TOURISM INFRASTRUCTURE
Dive Re-Compression/Hyperbaric Chamber
Heliport
Sea Ports and Airports
Communications
Public Utilities—water, electricity, sewage treatment plant
Roads
Irrigation
Ecological and Environmental Maintenance
Land clearance and cleaning
(Section 2).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
42 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
SC
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(Section 4).
[20 of 2005].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 43
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SCHEDULE 8
RATES FOR TOURISM TRANSFER TAX
1—7 YEAR TAX HOLIDAY
Up to Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
12%
12%
10%
10%
10%
8%
8%
Nil
Period Tourism Transfer Tax
(Section 6).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
44 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
SCHEDULE 9
MINIMUM CAPITAL EXPENDITURE
(TT$)
(Section 8).
[20 of 2005].
TYPE OF TOURISM
PROJECT
MINIMUM CAPITAL
EXPENDITURE
International Investor
Accommodation facility
18,600,000
Marina, Boatyard
18,600,000
Eco-Lodges 6,200,000
Watersports 1,550,000
Destination Management Companies,
Ground Tour Operations
n/a
Recreational Space 1,550,000
Transportation Service n/a
Tourism Infrastructure 3,100,000
Convention Centres, Shopping Facilities 6,200,000
Historical Landmarks, Heritage Sites 6,200,000
Film/Special Events 6,200,000
Theme Parks/Cultural Centres 31,000,000
Golf Courses 31,000,000
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 45
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
SCHEDULE 10
INFORMATION REQUIRED TO BE SUBMITTED
UNDER SECTIONS 10(2) AND 11(2)
(a) Ownership of the facility or proposed facility or lands to be
used in connection therewith;
(b) A plan or drawing of the project showing the site and
elevation of the construction of the project and any external
construction which would expand an existing project;
(c) An Outline Planning Permission obtained from the Town
and Country Planning Division of the Ministry of Housing
and Settlements;
(d) A time frame within which the construction of the project
will begin, when the project will be completed and when the
project will be opened for business;
(e) The estimated capital expenditure of the project or the source
of the funds thereof;
(f) The cost of the project itemising those costs for which
refunds would be claimed.
[Sections 10(2)
and 11(2)].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
46 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
SUBSIDIARY LEGISLATION
TOURISM DEVELOPMENT (PRESCRIBED FORMS)
REGULATIONS
made under section 43
1. These Regulations may be cited as the Tourism
Development (Prescribed Forms) Regulations.
*2. These Regulations shall come into force on the date of
commencement of the Tourism Development Act.
3. The prescribed forms to be used for the several matters
specified in Column I of the Schedule are those specified in
Column II:
SCHEDULE
Column I Column II
(a) application for a tourism project … … … Form A
(b) certificate of approval… … … … … Form B
(ba) approved Tourism Project Order … … … Form BA
(c) application for a permit under section 22 … … Form C
(d) permit for Customs and excise duty exemption under
sections 23–26 … … … … … Form D
(e) certificate of approval of capital expenditure/additional capital
expenditure under sections 18 and 19 … … … Form E
(f) inventory under section 29 … … … … Form F
258/2000.
[201/2001].
Citation.
Commencement.
Ch. 87:22.
Prescribed
Forms.
*16th October, 2000 (LN 237/2000).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 47
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Tourism Development (Prescribed Forms) Regulations [Subsidiary]
FORM A
APPLICATION FOR APPROVAL OF A TOURISM PROJECT
To: PRESIDENT AND CHIEF EXECUTIVE OFFICER
TOURISM AND INDUSTRIAL DEVELOPMENT COMPANY OF
TRINIDAD AND TOBAGO LIMITED
DECLARATION
The information contained herein is submitted in support of an application made by:
(Applicant Enterprise)
APPROVALS REQUIRED
Benefits under the Tourism Development Act
TOURISM ACTIVITY
..........................................................................................................................................
..........................................................................................................................................
I/We attach the following documents:
Application form duly completed.
Technical feasibility report/Business proposal.
Copy of Outline Planning Permission from the Town and Country Planning Division.
Certificate of Incorporation/Registration Certificate.
Registered Certificate of Particulars of Directors.
Financial projections for five (5) years.
Other (specify) ..................................................................................................
I/We certify that ALL information provided in this application is true and correct and
that no false or deliberately misleading information has been supplied.
I/We understand that any false information supplied in the completion of this
application will result in the withdrawal of any approvals granted and the right to seek
legal redress for any benefits received.
........................................................ ........................................................
Signature Signature
........................................................ ...................................................
(BLOCK LETTERS) (BLOCK LETTERS)
........................................................... ....................................................
Position in Enterprise Position in Enterprise
........................................................... ....................................................
Date Date
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
48 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Tourism Development (Prescribed Forms) Regulations
SECTION A
GENERAL PARTICULARS
(To be completed by all Applicants)
1. Name of enterprise: ....................................................................................
2. Incorporation date/date of commencement of business: ............................
3. Type of Company: Public Company Private Company Other
(specify) ......................................................................................................
....................................................................................................................
4. Address of Registered Office/Mailing Address: ........................................
....................................................................................................................
5. Telephone No.: ..................... Fax No.: ...................... E-Mail: ................
6. Proposed Shareholding: (Where shareholder is a company please append
Certificate of Incorporation, names and addresses of directors and
controlling shareholder(s) and any other countries where investments
are held.)
Share Capital: Authorised (Par Value) $ ..............................
Issued $ ..............................
7. Present business activity: ..........................................................................
....................................................................................................................
8. Proposed business activity: ........................................................................
....................................................................................................................
9. Proposed location of Project: ....................................................................
....................................................................................................................
Name Country
Type of
Shares
%
Shareholding
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 49
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Tourism Development (Prescribed Forms) Regulations [Subsidiary]
10. Total Investment in the Project: ................................................................
11. Source of financing (TT$): Equity ............. Loan ............. Other ............
12. Construction: Proposed start up date: ..............................................
Proposed completion date: ........................................
Proposed employment during construction: ............
13. Proposed start up date for production/operations: ............................
14. Employment:
Describe the expertise of any non-national(s) to be employed and indicate
proposals to train nationals: ........................................................................
....................................................................................................................
....................................................................................................................
Proposed/additional for
Year 3 of Operations:
20 ............
Proposed/Existing
for Year 1 of Operations:
20 ............
Occupation
(indicate major category)
Nationals
Non-
Nationals
Total
Annual
Wages
TT$
Nationals
Non-
Nationals
Total
Annual
Wages
TT$
Total Number of
Employees
Total Annual Wages TT$
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
50 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Tourism Development (Prescribed Forms) Regulations
15. Foreign Exchange Usage and Earnings
Please indicate all foreign exchange Usage and Earnings of the project for
the first five (5) years, including construction phase.
Machinery and Equipment
Purchase
Machinery and Equipment
Lease
Hotel Equipment
Building Materials
Raw Materials
Royalties
Loan Instalment
Distribution Charges
Advertising
Dividends
Repatriation of Profits
Repatriation of Capital
Other (specify):
Total Outflows/Usage
Inflows/Earnings
Revenue
Loan
Equity
Other (specify):
Total Inflows/Earnings
Net Usage Earnings
Net Usage Earnings B/F
Net Cumulative Foreign
Exchange Cash Flow
1 2 3 4 5
Outflows/Usage
Year
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 51
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Tourism Development (Prescribed Forms) Regulations [Subsidiary]
16. State briefly the experience of the promoters in the business
....................................................................................................................
....................................................................................................................
17. Particulars of the Operator (if they were different from the applicant):
(a) Name....................................................................................................
(b) Address ................................................................................................
(c) Telephone No.: ............... Fax No.: ............... E-mail: ......................
(d) Nationality: ..........................................................................................
(e) State briefly experience in the hotel/tourism business: ......................
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
18. Particulars of the Owner (if different from Applicant or Operator):
(a) Name....................................................................................................
(b) Address ................................................................................................
(c) Telephone No.: ............... Fax No.: ............... E-mail: ......................
(d) Nationality: ..........................................................................................
(e) State briefly experience in the hotel/tourism business: ......................
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
19. For the proposed operation, have you obtained Outline Planning
Permission from the Town and Country Planning Division?
Yes, date approved.................
(please attach a copy of Approval)
No
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
52 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Tourism Development (Prescribed Forms) Regulations
20. Name or proposed name of project ..........................................................
....................................................................................................................
21. Location (address) ......................................................................................
....................................................................................................................
....................................................................................................................
*Please attach a plan/drawing of the project showing the site and
elevation of the construction of the project and any external
construction which would expand an existing project.
22. Area (sq. metres or hectares): ....................................................................
23. Proprietary interest of the Applicant and any other person in the project;
quote particulars of title documents which confirm the information ........
....................................................................................................................
....................................................................................................................
24. State any special features in the manner of operation that are not usual in
Trinidad and Tobago: ................................................................................
....................................................................................................................
....................................................................................................................
25. Append a list of construction materials, equipment, furniture and fixtures
that you will be required to import for the project.
(Please note that concessions will not be granted for items that are
manufactured locally): ............................................................................
....................................................................................................................
....................................................................................................................
26. Indicate any direct local linkages that will be generated by your project in
the Agro-processing, Manufacturing and Services Industries: ..................
....................................................................................................................
....................................................................................................................
27. Marketing
Major market(s) (specify marketing plans, countries, client, type and
details of contracts or agreements): ..........................................................
....................................................................................................................
....................................................................................................................
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 53
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Tourism Development (Prescribed Forms) Regulations [Subsidiary]
28. Environmental Effects
(i) State any environmental impacts of the project: ..................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
(ii) Description of waste products indicating volume of air pollution,
solid waste and liquid waste/effluents: ..............................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................................................
(iii) Proposals for disposal/treatment of waste products: ..........................
..............................................................................................................
..............................................................................................................
..............................................................................................................
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
54 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Tourism Development (Prescribed Forms) Regulations
SECTION B
TOURISM ACCOMMODATION PROJECTS
1. Please indicate accordingly:
Construction or Renovation/Extension/Refurbishment Projector
or Operation of:
Integrated Resort Development
Project (IRD) Dive-Lodge Project
Hotel Project Eco-Lodge Project
Camp-site Project Guest House Project
2. Project Details
(i) Capital Expenditure:
Existing (Value) Proposed
TT$ TT$
Construction
Expansion
Furnishings, Fixtures and Equipment
Advertising and Promotion
Physical Structure: Existing Proposed
Floor Area (sq. metres)
Number of Floors
Number of Bedrooms
Number of Common Rooms
*IRD Proposed Selling Price/Cost ofRental/Lease/Cost
Number of Villas
Number of Condominiums
Infrastructural Works (List)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 55
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Tourism Development (Prescribed Forms) Regulations [Subsidiary]
Facilities/Amenities (list):
Existing
Value
TT$
Proposed
Cost
TT$
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
56 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Tourism Development (Prescribed Forms) Regulations
SECTION C
TOURISM ANCILLARY FACILITIES AND SERVICES PROJECTS
1. Please indicate accordingly:
New project or Renovation/Extension/Refurbishment Projector or
Operation of:
Water Sports Cultural Centre
Charter Boat Special Events
Dive Operation Film Making
Marina Golf Course
Boat Yard Transportation Services
Tour Operations Other (specify)
Recreational Space Use .........................................
Theme Park
2. Project Details
(i) Vehicles:
No. of Vehicles Existing Value TT$ Proposed Cost TT$
(ii) Capital Expenditure:
Activity/Item Existing Value TT$ Proposed TT$
Construction
Expansion
Furnishings, Fixtures and Equipment
Advertising and Promotion
(iii) Facilities:
Existing Value TT$ Proposed Cost TT$
(iv) Services:
Existing Value TT$ Proposed Cost TT$
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 57
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Tourism Development (Prescribed Forms) Regulations [Subsidiary]
SECTION D
TOURISM INFRASTRUCTURE PROJECTS
1. Please indicate the type of proposed tourism infrastructure project:
Dive Re-Compression/ Irrigation
Hyperbaric Chamber
Ecological and Environmental
Heliport Maintenance
Sea Port Land Clearance and Cleaning
Air Port Other (specify)
Communications ................................................
Public Utilities (specify)
2. Project Details List Infrastructural Works:
Existing Value TT$ Proposed Cost TT$
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
58 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Tourism Development (Prescribed Forms) Regulations
FORM B
TOURISM DEVELOPMENT ACT (CH. 87:22)
INTERIM APPROVAL/ADDITIONAL INTERIM APPROVAL AND
CERTIFICATE OF ESTIMATED CAPITAL EXPENDITURE OF A
TOURISM PROJECT PURSUANT TO SECTIONS 13, 15 AND 19
Whereas ............................................................................................................
(Insert Name and Address)
............................................................................................................................
has made an application dated the ...................... day of ......................... 20.....
to the Minister for an Interim Approval/Additional Interim Approval in
respect of a tourism project, certain particulars of which are contained in the
said application.
And whereas in respect of a tourism project in Tobago the Corporation has
submitted an application to the Tobago House of Assembly for its
recommendations and the Tobago House of Assembly has/has not submitted
their recommendations to the Minister.
And whereas the Minister is satisfied that the said ......................................
(State Specific Tourism Activity)
is practical and that it would assist the development of the tourism industry in
Trinidad and Tobago and that it is otherwise in the public interest.
1. Terms and Conditions
Now, therefore, the Minister pursuant to section 13/19 of the Tourism
Development Act, hereby grants unto the said ............................................
........................................................................................................................
(hereinafter called “the Applicant”) an Interim Approval/Additional Interim
approval in respect of the said ............................................. to be undertaken at
(State Specific Tourism Activity)
........................................................................................................................
........................................................................................................................
on the following terms and conditions:
Insert appropriate conditions here. Details of Estimated Capital
Expenditure are included in this Section if required.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 59
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Tourism Development (Prescribed Forms) Regulations [Subsidiary]
2. Benefits in respect of an approved tourism project:
(a) Customs Exemption under section 22.
(b) Tax Exemption under section 3(3).
The Minister on declaring ............................................ to be
(State Specific Tourism Activity)
an approved tourism project may confer pursuant to
section 3 of the Act, the following tax benefits on the
tourism owner/operator:
• A tax exemption for a period of ......................... years in
respect of gains or profits accruing from the approved
tourism project.
3. Additional Tax benefits under section 3(4) as follows:
• Subject to Part 4 of the Act a carry-over from a tax
exemption period, if any, of any loss arising out of the
operation or renting of an approved tourism project;
• A tax exemption in respect of the gains or profits derived
from the initial sale of a villa or condominium or the site
for the villa or condominium that forms part of an IRD
which is an approved tourism project.
• A tax exemption granted during the period that a tourism
project is an approved tourism project by the Minister
with responsibility for Finance in respect of interest on
an approved loan used for an approved project.
............................................
Minister of Tourism
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
60 Chap. 87:22 Tourism Development
LAWS OF TRINIDAD AND TOBAGO
[Subsidiary] Tourism Development (Prescribed Forms) Regulations
201/2001.
Citation.
Approved
Tourism Project.
Ch. 87:22.
Owner or
operator.
Effective date.
Tax benefits.
FORM BA
TOURISM DEVELOPMENT ACT, CH. 87:22
TOURISM DEVELOPMENT (APPROVED TOURISM PROJECT) ORDER
made under sections 16 and 17
1. This Order may be cited as the Tourism Development (Approved
Tourism Project) Order.
2. ....................................................................................................................
(hereinafter referred to as “the approved tourism project” located at
.................................. is hereby declared to be an approved tourism project for the
purposes of the Tourism Development Act (hereinafter referred to as “the Act”).
3. For the purpose of this Order—
(a) the owner of the approved tourism project is
.........................., whose registered office is ........................;
(b) the operator of the approved tourism project is
.........................., whose registered office is ............................
4. (1) This Order comes into effect/is deemed to have come into effect
in respect of—
(a) the owner on ......................................................, 20.......; and
(b) the operator on ............................................................. 20......
(2) This Order ceases to have effect on ..................................., 20......
5. (1) The owner of the approved tourism project is entitled to the
following tax benefits under the Act:
(a) ................................................................................................
(b) ................................................................................................
(c) ................................................................................................
(2) The operator of the approved tourism project is entitled to the
following tax benefits under the Act:
(a) ................................................................................................
(b) ................................................................................................
(c) ................................................................................................
(3) Subject to Part IV of the Act, the following tax benefits are granted:
(a) ................................................................................................
(b) ................................................................................................
(c) ................................................................................................
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 61
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Tourism Development (Prescribed Forms) Regulations [Subsidiary]
6. This Order is subject to the following conditions:
(a) ................................................................................................
(b) ................................................................................................
(c) ................................................................................................
(Note: Where the owner and operator are the same, a form completed only in respect of the
owner, will be read as a completion in respect of both owner and operator).
Made this ............................. day of ....................., 20......
Minister of Tourism and Tobago Affairs.
Conditions.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
62 Chap. 87:22 Tourism Development
lAWs OF TRiniDAD AnD TOBAGO
[subsidiary] Tourism Development (Prescribed Forms) Regulations
FORM C
TOuRisM DevelOpMenT ACT, (Ch. 87:22)
AppliCATiOn FOR A peRMiT unDeR seCTiOn 22
Whereas I have been granted an Interim Approval/Additional Interim Approval
particulars of which are hereinafter mentioned, I hereby apply to the Minister
under section 22 of the Tourism Development Act for a Permit to import or enter
into Trinidad and Tobago free of Customs duty items the description and
quantity of which are specified in Appendix “A” to this application and to
purchase in Trinidad and Tobago with the privilege of a drawback of Customs
duties or Excise duties the items specified in Appendix “B” to this application.
I submit the following particulars with regard to the Interim
Approval/Additional Interim Approval referred to above:
Name of Grantee of Interim Approval/
Additional Interim Approval: ............................
............................
Date of Grant of Interim Approval/
Additional Interim Approval: ............................
............................
Name or proposed name of the tourism project: ............................
............................
Site and locality of the tourism project: ............................
............................
I hereby certify that the items specified in the Appendices “A” and “B” to
this application shall be used exclusively in connection with the construction
and equipping of the tourism project for which the Interim Approval/Additional
Interim Approval referred to hereinbefore has been granted and that the items
are not manufactured locally or are not readily available locally. I further certify
that none of the items in the appendices aforesaid shall be used to replace any
item that has been imported, entered or purchased under any permit granted
under the Tourism Development Act, or any licence granted under the former
Hotel Development Act, Ch. 85:02, the Hotel (Development Encouragement)
Ordinance, Ch. 32. No. 15 or under section 49A of the Customs Act, Ch. 78:01.
Dated this .............................................. day of ....................................... 20......
..................................................
Signature of Applicant
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development Chap. 87:22 63
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
Tourism Development (Prescribed Forms) Regulations [Subsidiary]
FORM D
TOURISM DEVELOPMENT ACT, (CH. 87:22)
PERMIT FOR CUSTOMS AND EXCISE DUTY EXEMPTION
PURSUANT TO SECTIONS 23—26
Permit No. ............................. of 20..............
Whereas due application has been made to the Minister by ...................................
................................, the Grantee of an Interim Approval/Additional Interim
Approval under the Tourism Development Act (hereinafter called “the Grantee”).
1. Now, therefore, the Minister under and by virtue of the power
conferred on him by section 22 of the Tourism Development Act, hereby
grants a permit to the Grantee to import or enter into Trinidad and Tobago free
of Customs duty items specified in the First Schedule hereto and to purchase
in Trinidad and Tobago with the privilege of a drawback of Customs duty or
Excise duty the items specified in the Second Schedule hereto.
2. This Permit is subject to the provisions of the Tourism Development
Act, and in particular, but without limiting the generality of the foregoing, the
following conditions:
(a) The items specified in the First and Second Schedules hereto
shall be used exclusively in connection with the construction
and equipping of the ...............................................................
(State Specific Tourism Activity)
being undertaken by the Grantee at .........................................
and in accordance with the Interim Approval/Additional
Interim Approval dated the ........................................ day of
......................, 20 ........ granted to him by the Minister under
the Tourism Development Act.
(b) The items specified in the First and Second Schedules hereto
shall not be used to replace any item that has been imported,
entered or purchased under:
(i) any permit granted pursuant to the Tourism
Development Act; or
(ii) any licence granted pursuant to the former Hotel
Development Act, Ch. 85:02 or Hotel (Development
Encouragement) Ordinance. Ch. 32. No. 15; or
(iii) any licence granted pursuant to section 49A of the
Customs Act, Ch. 78:01.
3. This permit shall have effect from the date hereof and shall expire on
the ........... day of .................................. 20......
Dated this ............. day of ............................. 20......
..................................................
Minister of Tourism
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
64 chap. 87:22 Tourism Development
lAWs OF TRiniDAD AnD TOBAGO
[subsidiary] Tourism Development (Prescribed Forms) Regulations
FORM E
TOuRisM DEvElOpMEnT AcT, (ch. 87:22)
certificate of Approval of capital Expenditure/Additional capital
Expenditure Actually and bona fide incurred in respect of an
Approved Tourism project pursuant to sections 18 and 19.
To: ......................................................................................................................
(insert name and address)
Whereas the Minister has approved the ............................................................
(insert name and location of approved tourism project)
...........................................................................................................................
(insert name and location of approved tourism project)
to be an approved tourism project and is satisfied that the items of capital
expenditure/additional capital expenditure appearing hereinafter had previously
been included in the estimated capital expenditure/additional estimated capital
expenditure approved by the Minister for the tourism project in respect of the said
.............................. or are capital expenditure otherwise acceptable to the Minister.
(State Specific Tourism Activity)
Now, therefore, the Minister pursuant to sections 18 and 19 of the Tourism
Development Act, hereby certifies and approves the items of capital expenditure
hereinafter listed to be capital expenditures/additional capital expenditures
actually and bona fide incurred by the Approved Tourism Project Operator (or
Owner) on the tourism project in respect of the said ............................................
(State Specific Tourism Activity)
(a) Actual cost of building materials and fixtures
(excluding items of depreciable equipment) : $ ..................
(b) Actual cost of construction of ................................
(State Specific Tourism Activity)
(labour, supervision and overhead) : $ ..................
(c) Actual cost of advertising and promotion of the
.................................................................................
(State Specific Tourism Activity)
before Interim Approval is revoked pursuant to
section 15(3) of the Act (not to exceed 10% of other
approved actual capital expenditure) or section 19(3): $ ....................
Total actual capital expenditure/additional capital expenditure : $ ....................
Dated this ....................................... day of ........................................ 20.....
..................................................
Minister of Tourism
Copy to ..............................................
Board of Inland Revenue
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Tourism Development chap. 87:22 65
lAWs OF TRiniDAD AnD TOBAGO
L.R.O.
Tourism Development (Prescribed Forms) Regulations [subsidiary]
FORM F
TOuRisM DEvElOpMEnT AcT, (ch. 87:22)
FORM OF invEnTORY puRsuAnT TO sEcTiOn 29
Name of Approved Tourism Project: ................................................................
Location: ............................................................................................................
Name of Holder of Permit: ..............................................................................
Name of Approved Tourism Project Operator: ................................................
Name of Manager of Approved Tourism Project: ............................................
Mark Approved by Comptroller: ......................................................................
I certify that the foregoing is a true inventory of items imported or entered
into Trinidad and Tobago or purchased in Trinidad and Tobago under a Permit
pursuant to section 22 of the Tourism Development Act.
..................................................................................
Signature of Manager of Approved Tourism Project
Articles
Description
Unit
Quantity
No. of
Permit
Date of
issue of
Permit
Date of
Importation
Entry or
Local
Purchase
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
