How do I file a Notice of Objection?
An Objection can be filed by completing a Notice of Objection form or by writing a letter to the Comptroller of the Inland Revenue Department. The form must be signed by the taxpayer, the owner of the business or an authorized employee of the company. If a representative is appointed, the taxpayer must provide written authorization. A Notice of Objection may be sent by regular mail or facsimile transmission, or may be hand delivered to the Inland Revenue Department, Bay Road, Basseterre - Objections and Appeals section.
OBJ-001: Objection Form For Tax Assessments: To be used for all tax objections except Property Tax and VAT objections.
OBJ-002 - Objection Form For Property Tax Assessments: To be used for Property Tax objections.
OBJ-003: Objection Form For Value Added Tax Assessments: To be used for VAT objections.
What information do I need to provide?
The Notice of Objection must include:
• the taxpayer's name
• account or taxpayer’s number
• taxation statute under which the assessment or disallowance was issued
• date and number of the assessment
• period or transaction in question
• amount of tax or refund, and
• a clear description of each issue in dispute, fully setting out the facts and reasons for objecting to each issue
The Inland Revenue Department depends on evidence and supporting documents provided, to determine whether you will win or lose your Objection.
What does it cost to file the Notice of Objection?
There is no fee to file a Notice of Objection. However for a Value Added Tax (VAT) objection, the Value Added Tax Act No. 3 of 2010, Section 64 (4) states:
“(4) An objection to an appealable decision shall be
(a) in such form as may be prescribed by the Comptroller;
(b) specify in details the grounds upon which it is made, and
(c) be accompanied by payment of all tax not in dispute and 50% of the amount of tax in dispute”.
Do I have to file the Notice of Objection within a specified time?
According to the Income Tax Act Cap 20.22, Section 61 (1), Tax Administration and Procedures Act 2003 - 12 taxation statutes, “A Notice of Objection must be filed within 30 days from the day the Notice of Assessment, Notice of Reassessment or Statement of Disallowance was issued.”
Can I obtain additional time to file my Notice of Objection?
If you have a good reason for requiring more than 30 days to file a Notice of Objection, you can apply to the Comptroller of the Inland Revenue Department for an extension of time, before the 30 days for objections have expired. Extensions are not given for reasons such as vacation, inventory-taking or year-end timing. However, if you apply after the 30-day period for objections, you must be able to demonstrate that it was impossible to file within the 30-day period and that the Notice of Objection was filed as soon as circumstances permitted. If the explanation provided is not satisfactory, no extension of time will be granted, and your Notice of Objection will be considered invalid.
Do I have to pay the amount assessed that is in dispute while the objection is under review?
Yes, payment is required even if you have filed, or intend to file, a Notice of Objection. There are no provisions in the Income Tax Act Cap 20.22, tax statutes that allow for the suspension of payment of an amount that has been assessed, but is in dispute, pending the outcome of an Objection or Appeal.
Even though a taxpayer has lodged an objection against an assessment, or has an appeal to a decision, the tax reflected must be paid as due. (In the case of an objection to VAT assessments, payment of all of the tax not in dispute and fifty percent of the amount of tax in dispute must be paid). Payment of an assessment is not suspended by an appeal. Under the V.A.T. Act, a person can lodge an appeal to the Appeal Commissioners, and thereafter any party may lodge an appeal to the High Court and the Court of Appeal in that order.
Additional interest will be assessed on the principal liability if full payment is not received when the assessed amount is due. Taxpayers who successfully object or appeal will be paid interest on any amounts paid on an assessment, from the dates the payments were made. However, the amount refunded, including interest, will first go to reducing other tax liabilities owed to the Inland Revenue Department before any refund is made.
Tax Administration and Procedures Act 2003 – 12, Section 19 (1 and 2)
Upon written application by a taxpayer, the Comptroller may, for a good cause, extend the time for the payment of a tax beyond the date on which it is required to be paid.Where a taxpayer is granted an extension (payment date), interest shall be payable notwithstanding the extension of time. In the case of a reassessment the due date for the calculation of interest shall be the date on which the tax was originally due for the particular assessment.
Can any of the tax or interest assessed be forgiven since I don't have the money to pay it?
There are no provisions in the Income Tax Act Cap 20.22, tax statutes to allow for the reduction of the tax or interest that has been assessed because of the taxpayer's inability to pay. The Appeals Officer can only recommend a variance to the tax or penalty that has been assessed if it is his or her opinion that the amount assessed is an error due to an incorrect application of the law.
However, under the Property Tax Act, 2006, No. 13 of 2006 the Minister may perform a Remission of taxes (Section 65) or a Deferral of tax (Section 66) if a taxpayer is experiencing hardship or injustice has resulted or is likely to result.
Will I be compensated for my costs if I win the objection?
No compensation for costs is granted to a taxpayer who may obtain a favourable resolution at the Notice of Objection stage. The Notice of Objection process is intended to be simple, inexpensive and easily accessible