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Oct 12, 2018

Will C.C.J. Ruling Set Precedent?

The C.C.J.’s ruling sets a precedent which other tour operators may want to rely on. Of note is that operators such as Yhony Rosado, who operates Cavetubing.com, also had troubles with the GST department after he was assessed for more than half a million dollars in taxes.  In today’s judgment, the C.C.J. concluded that while one may feel for tour operators who were being bullied by powerful international operators, judges must be careful not to “invent fancied ambiguities” to circumvent the plain meaning of the text.

 

Justice David Hayton, Judge, C.C.J.

“The C.C.J. said that the Judge and the Court of the Appeal had taken too narrow an approach the interpretation of matters covered by the management or operations of the ship in international transport. In considering the concept of the management or the operation of the ship one has to take in consideration a special characteristic of the ship. As it relates to cruise lines, the majority of the court considered an integral part of experience in the package provided by the operators of the cruise lines was it that passengers would have the opportunity to experience onshore excursion arranged by the operators of the cruise line are part of their operation or business. Indeed the Oxford Dictionary edition 2003 defines operator as a person or company that runs a business. The supplies supplied by the tour operators are therefore zero rated as a supply of service that were provided directly in connection with the operation of the ship engage in international transport.”

 

Costs were awarded to the appellants before the C.C.J. and the lower courts.

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