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Nov 17, 2021

C.C.J. Rules on G.A. Roe & Sons Stamp Duty Case

This morning in Port of Spain, Trinidad, the C.C.J. bench ruled in favor of G.A. Roe and Sons Limited in an appeals case involving the Commissioner of Stamps.  The matter stems from the purchase of a property from the Belize Bank at an auction and the stamp duty that was paid on that sale.  The company paid six thousand, five hundred dollars in stamp duties based on a parcel that was purchases for one hundred and fifty thousand dollars.  The Commissioner of Stamps later found that the stamp duty was insufficient considering the fact that the monies fetched from the sale of the property did not represent the market value.  The commissioner subsequently valued the land at three hundred and thirty-five thousand dollars which also increased the stamp duty.  The matter was taken to court and the appellant, among other things, sought an order to prevent the collection of duty on the enhanced amount.  They were unsuccessful in their claim at the Supreme Court and Court of Appeal and later filed an appeal at the Caribbean Court of Justice.  The C.C.J. in its ruling, determined that the commissioner’s assessment should be set aside since he had no proper basis to arrive at that conclusion.  The appeal has therefore been allowed.  Representing G.A. Roe and Sons are Senior Counsel Andrew Marshalleck and attorney Jaraad Ysaguirre.  Attorney Samantha Matute-Tucker represented the respondent.

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