CAYMAN ISLANDS. Supplement No. 18 published with Gazette No. 21 of 21st October, TOURIST ACCOMMODATION (TAXATION) LAW.

Similar documents
Supplement No. 8 published with Gazette No. 11 of 2nd June, COMPANIES MANAGEMENT LAW. (2003 Revision)

CHAPTER 83:01 SUGAR LEVY ACT ARRANGEMENT OF SECTIONS

CHAPTER 292 THE GAMING AND POOL BETTING (CONTROL AND TAXATION) ACT. Arrangement of Sections.

CHAPTER REAL ESTATE AGENTS (REGISTRATION) ACT and Subsidiary Legislation

CHAPTER For the purposes of this Act- 1. This Act may be cited as the Football Pool Betting short title. Tax Act.

CAYMAN ISLANDS. Supplement No. 1 published with Gazette No. 22 of 22nd October, MUTUAL FUNDS LAW (2012 REVISION)

Supplement No. 5 published with Gazette No. 15 of 20th July, MUTUAL FUNDS LAW. (2009 Revision)

CHAPTER 47. Betting and Gaming (CAP THE BETTING AND GAMING ACT. Arrangement of Sections Section

CAYMAN ISLANDS. Supplement No. 2 published with Gazette No. 21 of 21st October, HEALTH INSURANCE LAW. (2013 Revision)

CAYMAN ISLANDS. Supplement No. 3 published with Extraordinary Gazette No. 82 of 11th October, BANKS AND TRUST COMPANIES LAW (2013 REVISION)

CAYMAN ISLANDS. Supplement No. 8 published with Gazette No. 22 of 22nd October,2012. VEHICLE INSURANCE (THIRD PARTY RISKS) LAW (2012 REVISION)

Motor Vehicles Insurance (CAP (Third-Party Risks)

CAYMAN ISLANDS. Supplement No. 2 published with Extraordinary Gazette No. 82 of 11th October, BANKS AND TRUST COMPANIES LAW.

ELIZABETHAE SECUNDAE REGINAE

SAINT VINCENT AND THE GRENADINES INFORMATION AND COMMUNICATION TECHNOLOGY SERVICES INVESTMENT INCENTIVES ACT, 2007 ARRANGEMENT OF SECTIONS

MONEYLENDERS ACT 1991

CHAPTER INSURANCE LEVY ACT

THE PUNJAB SALES TAX ON SERVICES ACT 2012

PEST CONTROL PRODUCTS ACT

Act 5 Foreign Exchange Act 2004

THE UNITED REPUBLIC OF TANZANIA THE AIRPORT SERVICE CHARGE ACT CHAPTER 365 REVISED EDITION 2006

(Chapter No. not allocated yet) SOCIAL SECURITY ORDINANCE

CHAPTER 55 BETTING ON HORSE-RACING

THE PRIVATE SECURITY SERVICE BILL (No. VI of 2004) Explanatory Memorandum

CRUISE SHIPS (OVERNIGHTING INCENTIVES) CHAPTER LRO 1/2010 PART I PRELIMINARY

BELIZE CERTIFIED INSTITUTIONS (CHILDREN S REFORMATION) ACT CHAPTER 121 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

CAYMAN ISLANDS. Supplement No. 7 published with Gazette No. 21 of 8th October, LABOUR LAW (2011 REVISION) (2012 REVISION)

ST CHRISTOPHER AND NEVIS CHAPTER HOUSING AND SOCIAL DEVELOPMENT LEVY ACT

Theatres and Amusements Act

FOR CONSULTATION PURPOSES ONLY. November working draft text for The Electricity and Gas (Energy Companies Obligation) Order

REGISTRATION OF BUSINESS NAMES ACT

CHAPTER 551 NURSING HOMES (REGULATION)

Additional Tax, Penalty and Prosecution

Section 3. Establishment and constitution of Medical Assistants (Registration) Board.

CASINO TAXATION CHAPTER 371 CASINO TAXATION ARRANGEMENT OF SECTIONS

HOUSING DEVELOPMENT (CONTROL AND LICENSING) (AMENDMENT) ACT

Number 42 of 2000 INSURANCE ACT, 2000 ARRANGEMENT OF SECTIONS PART 1. Preliminary and General

PEST CONTROL PRODUCTS ACT

Number 7 of Betting (Amendment) Act 2015

Workmen s Compensation (Amendment) Bill

Financial Services (Moneylending)

Chapter 14:14 MONEYLENDING AND RATES OF INTEREST ACT. Acts 9/1930, 25/1948,59/1961,6/1967, 7/1972, 5/1981, 30/1984, 22/2001; 16/2004. R.G.N. 554/1962.

The Food Hygiene (England) Regulations 2006

CHAPTER 7.08 MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS) ACT MOTOR VEHICLES INSURANCE

Gambling Regulations for St. Kitts

PREFERENTIAL TRADE AREA RE-INSURANCE COMPANY (MANDATORY RE-INSURANCE CESSIONS) ACT

Moneylenders Bill MONEYLENDERS ACT (No. of 2008) ARRANGEMENT OF SECTIONS PART I PRELIMINARY

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 39, No. 193, 5th October, 2000

The Passenger and Freight Elevator Act

PEST DESTROYERS ACT.

LAND CONSOLIDATION ACT

CAYMAN ISLANDS. Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, DRUG REHABILITATION COURT LAW.

The Dangerous Goods Transportation Act

a) contributions by Nigerians both in the public and private sectors. b) investment in the Fund by commercial and merchant banks;

Zambia Security Intelligence [No. 14 of Service THE ZAMBIA SECURITY INTELLIGENCE SERVICE ACT, 1998

Medical Assistants (Registration) 1 LAWS OF MALAYSIA REPRINT. Act 180 MEDICAL ASSISTANTS (REGISTRATION) ACT 1977

Statement of Practice on penalties for incorrect returns

2006 No. 3 FOOD. The Food Hygiene (Scotland) Regulations 2006

The Libel and Slander Act

2008 No TRADE DESCRIPTIONS. The Business Protection from Misleading Marketing Regulations 2008

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

Supplement No. 4 published with Gazette No. 19 dated 15 September, THE BANKS AND TRUST COMPANIES LAW (2007 REVISION)

Act 7 National Audit Act 2008

INSURANCE INTERMEDIARIES (GENERAL BUSINESS) ACT 1996 (As it has effect at 1st June 1999)

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 46, No. 23, 7th February, 2007

Pest Control Products Act

HIGHER EDUCATION LOANS BOARD ACT

BERMUDA INTERNATIONAL COOPERATION (TAX INFORMATION EXCHANGE AGREEMENTS) ACT : 47

BERMUDA PRIVATE INVESTIGATORS AND SECURITY GUARDS ACT : 78

BERMUDA 1943 : 39 MOTOR CAR INSURANCE (THIRD-PARTY RISKS) ACT 1943

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

AN ACT to provide for the imposition and collection of a value added tax, to abolish certain taxes and other impositions, and for related purposes

INDUSTRIAL INSPECTORATE ACT CAP. 180 L.F.N ACT CAP I8 L.F.N Establishment and composition of Industrial Inspectorate Division.

Crimes (Computer Hacking)

Motor Vehicles (Third Party Insurance) CAP

2013 No. 233 ENVIRONMENTAL PROTECTION. The Timber and Timber Products (Placing on the Market) Regulations 2013

Supplement No. 2 published with Gazette No. 26 dated 22 nd December, THE DRUG REHABILITATION COURT LAW, 2006 (LAW 26 OF 2006)

Electronic Transactions Law

ANTIGUA AND BARBUDA THE SMALL BUSINESS DEVELOPMENT ACT, No. of 2007

Ministry of Law, Justice and Parliamentary Affairs, Bangladesh.

Small Business Grants (Employment Incentive) Act 2015 No 14

DEBT RECOVERY AND ENFORCEMENT BILL 2010

Casino, Liquor and Gaming Control Authority Act 2007 No 91

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

The Trade Schools Regulation Act

The Government of The Bahamas - Home

The Betting Gaming and Lotteries Act [1 st January 1966]

REPUBLIC OF ZAMBIA THE LANDLORD AND TENANT (BUSINESS PREMISES) ACT CHAPTER 193 OF THE LAWS OF ZAMBIA

Fifth Session Eighth Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO

MARINE MAMMAL PROTECTION [CH.244A 1 CHAPTER 244A MARINE MAMMAL PROTECTION ARRANGEMENT OF SECTIONS

SCHEDULE CHAPTER 213 THE BUSINESS NAMES (REGISTRATION) ACT An Act to provide for the registration of business names. [21st February, 1930]

THE REGULATION OF INTERCEPTION OF COMMUNICATIONS BILL, 2007 ARRANGEMENT OF CLAUSES. PART I - PRELIMINARY

CHAPTER 81:21 PROPERTY TAX ACT ARRANGEMENT OF SECTIONS PART I PART II PART III PART IV

CHAPTER MUTUAL FUNDS ACT and Subsidiary Legislation

DATA PROTECTION [CH.324A 1 CHAPTER 324A DATA PROTECTION ARRANGEMENT OF SECTIONS

Part 10. Directors and Company Secretaries

The Assam Amusement and Betting Tax Act, 1939

MONEYLENDING 1 ARRANGEMENT OF SECTIONS

AS TABLED IN THE HOUSE OF ASSEMBLY

THE BAHAMAS FREE TRADE ZONE [CH FREE TRADE ZONE CHAPTER 325

Transcription:

CAYMAN ISLANDS Supplement No. 18 published with Gazette No. 21 of 21st October, 2013. TOURIST ACCOMMODATION (TAXATION) LAW (2013 Revision) Cap. 168 of the Laws of the Cayman Islands Revised Edition, 1963 consolidated with Laws 28 of 1968, 2 of 1977, 25 of 1981, 3 of 1988, 2 of 1993, 18 of 1994, 5 of 2002 and 27 of 2012. Revised under the authority of the Law Revision Law (l999 Revision). Originally enacted- Cap. 168-1st January, 1964 Law 28 of 1968-17th September, 1968 Law 2 of 1977-7th March, 1977

Law 25 of 1981-19th November, 1981 Law 3 of 1988-20th April, 1988 Law 2 of 1993-26th March, 1993 Law 18 of 1994-7th December, 1994 Law 5 of 2002-21st March, 2002 Law 27 of 2012-15th November, 2012. Consolidated and revised this 31st day of July, 2013. Note (not forming part of the Law): This revision replaces the 2003 Revision which should now be discarded. 2

TOURIST ACCOMMODATION (TAXATION) LAW 1. Short title 2. Definitions 3. Taxation of tourist accommodation 4. Duties of proprietors 5. Powers of Collector of Taxes 6. Obstruction, etc., of officers 7. Accounting for and payment of tax 8. Default surcharge 9. Interest on tax assessed 10. Offences and penalties (2013 Revision) ARRANGEMENT OF SECTIONS 3

4

TOURIST ACCOMMODATION (TAXATION) LAW (2013 Revision) 1. This Law may be cited as the Tourist Accommodation (Taxation) Law (2013 Revision). Short title 2. In this Law- Definitions accommodation includes- (a) overnight accommodation in any establishment where tourists are accommodated and are charged for such overnight accommodation and service connected therewith; and (b) a timeshare; Collector of Taxes means the Collector of Taxes for the Islands and includes his duly appointed representatives; proprietor includes manager; service does not include the cost of food, drink and other consumables supplied to a tourist; timeshare means any accommodation in the Islands used or intended to be used, wholly or partly, for leisure purposes by a class of persons, all of whom have rights to use, or participate in arrangements under which they may use, that accommodation, or accommodation within a pool of accommodation (wherever located) to which that accommodation belongs, for intermittent periods of short duration; and tourist means a person, not ordinarily resident in the Islands, visiting the Islands and remaining therein continuously for a period not exceeding six months. 3. (1) Subject to subsection (2), the proprietor of any accommodation shall pay to the Government a tax equal to thirteen per cent of the amount of the charges made by him in respect of each tourist accommodated therein. Taxation of tourist accommodation (2) Where a tourist is accommodated at a timeshare and such tourist is either- (a) the owner of the timeshare; (b) a guest of the owner of the timeshare; or (c) a person who has exchanged his timeshare for that timeshare, the proprietor of the property at which the timeshare is located shall pay to the Government the equivalent of ten dollars US for each day or part of a day in 5

respect of each room in a timeshare which is occupied by tourist of a category specified in this subsection. (3) Where a tourist occupying a timeshare does not fall into any of the categories specified in subsection (2) the proprietor shall pay the tax specified in subsection (1). Duties of proprietors Powers of Collector of Taxes 4. (1) Every proprietor of accommodation shall keep or cause to be kept records in such form as the Governor in Cabinet may, from time to time, direct. (2) Every proprietor of accommodation shall, on the departure therefrom of any tourist, deliver or cause to be delivered to that tourist a statement setting forth clearly- (a) particulars of the accommodation and services provided for that tourist; and (b) the amount payable under this Law for tax in respect thereof. 5. (1) The Collector of Taxes may, at his absolute decision, inspect all records kept under this Law at any time. (2) The Collector of Taxes or an authorised officer of the Collector of Taxes shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any business premises for the purposes of- (a) inspecting any records; (b) ascertaining (whether by such inspection or otherwise) any amount or amounts of tax payable by a proprietor of accommodation on those or any other premises; (c) ascertaining whether there is or has been on those premises any contravention of this Law or any evidence of such contravention; and (d) the performance by the Collector of Taxes of any of his other functions under this Law. (3) If a Judge of the Grand Court, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises for any purpose mentioned in subsection (2) and that - (a) admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for the warrant has been given to the occupier; or (b) an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, 6

the Judge may, by warrant signed by him, authorise the Collector of Taxes and any other person named in the warrant to enter the premises, if need be by reasonable force. (4) Every warrant granted under this section shall continue in force for a period of one month. (5) The Collector of Taxes or any other person entering any premises by virtue of this section, or of a warrant issued under it, may take with him such other persons as he considers necessary. (6) The Collector of Taxes or any other person entering premises by virtue of this section, or of a warrant issued under it, may inspect any records (in whatever form they are held) relating to any business of tourist accommodation, whether or not carried on at those premises, and where any such records are kept by means of a computer may- (a) have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and (b) require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require. (7) Any person exercising any power conferred by subsection (6) may- (a) seize and detain any records referred to in that subsection which he has reason to believe may be required as evidence in proceedings under this Law; and (b) where the records are kept by means of a computer, may require the records to be produced in a form in which they may be taken away. 6. (1) A person who- (a) intentionally obstructs any person acting in the execution of this Law; or (b) without reasonable cause, fails to give to any person acting in the execution of this Law any assistance or information which that person may reasonably require of him for the performance of his functions under this Law, commits an offence and is liable on summary conviction to a fine of five thousand dollars and to imprisonment for six months. Obstruction, etc., of officers (2) A person who, in purported compliance with subsection (1) (b)- 7

(a) furnishes information which he knows to be false or misleading in a material particular; or (b) recklessly furnishes information which he knows is false or misleading in a material particular, commits an offence and is liable on summary conviction to a fine of fifty thousand dollars and to imprisonment for two years. Accounting for and payment of tax 7. (1) Every proprietor of accommodation shall, no later than twenty-eight days after the end of each month in which the proprietor has provided accommodation and services for tourists, submit, under section 4, to the Collector of Taxes a copy of each statement delivered by him to tourists during the month. (2) Tax payable under this Law by a proprietor, in respect of accommodation and services he has provided, shall be due and payable to the Collector of Taxes twenty-eight days after the end of the month in which the accommodation and services were provided. (3) Where- (a) a proprietor has failed to submit any copy statement as required by subsection (1); (b) a proprietor has failed to keep any documents and afford the facilities necessary to verify any such copy statement; or (c) it appears to the Collector of Taxes that any such copy statement is incomplete or incorrect, the Collector of Taxes may assess, to the best of his judgment, the amount of tax due from the proprietor, and notify that assessment and amount to the proprietor. (4) Where an amount has been assessed and notified to a proprietor under subsection (3) it shall be deemed to be an amount of tax due from him and may be recovered accordingly, unless, or except to the extent that, the assessment has subsequently been withdrawn or reduced. 1998 Revision Default surcharge (5) Tax due from any proprietor under this Law shall be recoverable in the manner provided by the Tax Collection Law (1998 Revision) as if it were a tax required to be paid to the Collector of Taxes under that Law. 8. (1) If, by the last day on which a proprietor is required under section 7 to submit a copy to the Collector of Taxes of a statement delivered by the proprietor to tourists, the Collector of Taxes - (a) has not received that copy statement; or (b) has received that copy statement but has not received the total amount of tax shown on it as payable by the proprietor in respect 8

of the accommodation and services provided in the month to which it relates, then that proprietor shall be regarded for the purposes of this section as being in default in respect of the tax which is due and payable for that month. (2) Where a proprietor is in default in respect of the tax which is due and payable for any month the proprietor shall be liable to a surcharge equal to twenty per cent of the tax due and payable for that month. (3) Where a proprietor is liable to a surcharge under this section the surcharge to which he is liable shall be treated as tax for the purposes of this Law. 9. (1) Where an assessment is made under section 7(3), the tax assessed shall carry interest at the prescribed rate in respect of the period beginning on the date on which the tax (if not assessable under that subsection) would have become due and payable and ending on the date of payment. Interest on tax assessed (2) If the circumstances are such that an assessment under section 7(3) could have been made, but before such an assessment was made the tax due was paid (so that no such assessment was necessary), that tax shall carry interest at the prescribed rate in respect of the period beginning on the date on which the tax (if not assessable under that subsection) would have become due and payable and ending on the date of payment. (3) Any interest carried on tax by virtue of this section- (a) shall be treated as tax for the purposes of this Law; and (b) shall be recoverable as tax notwithstanding any surcharge to which the proprietor is liable. (4) In this section- the prescribed rate means such rate as may be prescribed by the Governor in Cabinet. 10. (1) A person who is knowingly concerned in, or in the taking of steps with a view to, the fraudulent evasion of tax by him or any other person, commits an offence and is liable on summary conviction to a fine of fifty thousand dollars or of three times the amount of the tax, whichever is the greater, and to imprisonment for two years. Offences and penalties (2) A person who- 9

(a) with intent to deceive, produces or submits for the purposes of this Law (or otherwise makes use of for those purposes) any document which is false in a material particular; or (b) in submitting any statement or information for the purposes of this Law makes any statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular, commits an offence and is liable on summary conviction to a fine of fifty thousand dollars or of three times the amount of the tax, whichever is the greater, and to imprisonment for two years. Publication in consolidated and revised form authorised by the Governor in Cabinet this 17th day of September, 2013. Carmena Watler Acting Clerk of Cabinet 10

11 Tourist Accommodation (Taxation) Law (2013 Revision)

(Price 2.40) 12