The Tourism Development Act, 2001

THE TOURISM DEVELOPMENT ACT, 2000

Arrangement of Sections

SectionPreamble

1. Short title2. Interpretation

PART 1

DEVELOPMENT INCENTIVES

3. Tax benefit4. Additional benefits5. Limitation on tax benefits6. Tourism transfer tax7. Requirements for facilities to access benefits

PART 2

APPROVED TOURISM PROJECTS

8. Investment criteria

9. Mandatory local ownership

10. (1) Application for approval of project

(2) Further information to be furnished by applicant

11. (1) Application for approval of project in Tobago

(2) 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

21. Extension of tax exemption period

PART 3

CUSTOMS AND EXCISE DUTY EXEMPTIONS

22. Permits

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

36. (1)(2) Determination of gains or profits

(3) Determination of losses

(4) Carry forward of losses

37. Returns and assessments

38. Exemption from tax of interest on an approved loan

PART 5

TRANSITIONAL AND MISCELLANEOUS PROVISIONS

39. Pending applications under repealed Act

40. Saving of tax benefits under repealed Act

41. Retrospective effect

42. Penalties

43. Regulations

ii

44. Application of the Income Tax Act and the Corporation TaxAct

45. Chap. 85:02 repealed

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3

SCHEDULE 4

SCHEDULE 5

SCHEDULE 6

SCHEDULE 7

SCHEDULE 8

SCHEDULE 9

SCHEDULE 10

iii

Legal Supplement Part C to the “Trinidad and Tobago Gazette”, Vol. 39,No. 00, 00th January, 2000

No. 36 of 1999

Fifth Session Fifth Parliament Republic of Trinidadand Tobago

SENATE

BILL

AN ACT to facilitate the development of the TourismIndustry by providing to investors incentives andconcessions and to make provision for mattersincidental thereto.

Legal Supplement Part A to the “Trinidad and Tobago Gazette’’, Vol. 39,No. 108, 6th June, 2000

Fifth Session Fifth Parliament Republic of Trinidadand Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 9 of 2000

[L.S.]

AN ACT to facilitate the development of the TourismIndustry by providing to investors incentives andconcessions and to make provision for mattersincidental thereto.

[Assented to 1st June, 2000]

WHEREAS it is desired to develop the tourism industry inkeeping with national tourism objectives:

BE IT ENACTED by the Parliament of Trinidad and Tobagoas follows:—

Preamble

Enactment

1. (1) This Act may be cited as the TourismDevelopment Act, 2000.

(2) This Act shall come into operation on such dateas the President may appoint by Proclamation.

2. In this Act—

“accounting period” means each financial yearof the owner or the operator during the taxbenefit period when accounts are requiredto be kept as prescribed;

“additional capital expenditure” means capitalexpenditure incurred in respect of anapproved tourism project by way of anyadditional project proposed for thattourism project;

“approved capital expenditure” means capitalexpenditure or additional capitalexpenditure approved by the Ministerunder Part 2;

“approved loan” means a loan— (a) that is—

(i) not guaranteed by thePresident or otherwise by theGovernment or anyrepresentative thereof;

(ii) made upon the security of adebenture, mortgage or othersimilar instrument;

(iii) approved by the Minister ofFinance after taking intoaccount the source of the loan,the period of the loan, thegeneral market conditions inthe country where the loan isobtained and any otherrelevant consideration; or

(b) used for bridging finance;

Interpretation

Short title andcommencement

114 No. 9 Tourism Development 2000

“approved tourism project” means a tourismproject declared so to be by the Ministerunder Part 2;

“articles of equipment for tourismaccommodation facilities” means any ofthe articles set out in Schedule 1;

“articles of equipment for tourism ancillaryfacilities and services” means any of thearticles set out in Schedule 3;

“articles of tourism equipment” means any ofthe articles set out in Schedules 1 and 3;

“Assembly” means the Tobago House ofAssembly established by section 141A ofthe Constitution;

“Board” means the Board of Inland Revenueestablished by section 3 of the Income TaxAct;

“boatyard” means a facility that providesservices to marine craft, including but notlimited to repair and maintenance services;

“bridging finance” means proceeds of abridging loan used for the purposes offinancing the construction of an approvedtourism project;

“camp site” means an area designated for thedevelopment of eco-tourism, equipped withsanitary toilets, potable water, and first-aid supplies;

“capital expenditure” means expenditurewhich may be approved for a project bythe Minister under section 15(2);

“company” means a company limited by sharesand registered under the Companies Actand includes a corporation incorporated bya special Act of Parliament;

Schedule 3

Chap. 3:01

Schedule 1

Chap. 75:01

No. 9 Tourism Development 2000 115

“Comptroller” means the Comptroller ofCustoms and Excise;

“construction” means the erection of astructure to form a tourism project or theexpansion or alteration and renovation ofan existing structure to form a tourismproject;

“Corporation” means the State Authority towhich responsibility for tourism inTrinidad and Tobago is assigned;

“cultural centre” means a specially preparedspace for the preservation, display orperformance of items of culture;

“dive lodge” means a tourism accommodationfacility that offers a tourism product thatincludes scuba diving and otherrecreational watersports;

“eco-lodge” means a nature dependent touristaccommodation facility that meets theprinciples and philosophies of eco-tourismin that it is developed and managed in anenvironmentally sensitive manner, affordsprotection of its operating environmentand offers an educational andparticipatory experience to visitors;

“existing tourism project” means a tourismproject on which construction, expansionor alteration commenced on or after3rd August, 1995;

“golf course” means a course with a minimumof 9 holes or a full miniature golf courseopen to tourists and the public;

“guest house” means a building having aminimum of eight separate rooms eachoffering accommodation;


“hotel” means a building or group of buildings,including the curtilage thereof and allbuildings within the curtilage, occupiedtogether and used to provide the followingservices to guests for reward:

(a) the supplying, under anyarrangements of rooms, and oflaundry, dry-cleaning and valetservices to registered guests of thehotel;

(b) the supplying of food andrestaurant services, alcoholic andnon-alcoholic beverages, cigarettes,cigars and tobacco by the hoteloperator to customers of the hotelwhether registered guests or not;

(c) the supplying, of any of thehotel’s facilities for meetings,conventions, conferences, salespromotions, parties and otherentertainment to customers of thehotel whether registered guests ornot;

(d) the supplying of car-parkingservices, check room facilities andtelephone services to customers ofthe hotel whether registeredguests or not;

(e) the rental of areas of the hotelpremises to be used as a barbershop, hair-dressing parlour, travelagency, transportation services,banking services, merchandiseshops or for any other purpose asthe Minister may in writingapprove; or


(f) the supplying of such service orthe carrying on of such activity, asthe Minister may declare byOrder, relating to a specific hotelor generally, to be an hotel service;

“IRD” means Integrated Resort Developmentreferred to in Schedule 5;

“interim approval” means the approval of atourism project recommended by theCorporation or the Assembly and approvedby the Minister under section 13;

“marina” means a non-residential establish-ment providing berthing facilities for aminimum of ten marine craft or such othernumber as approved by the Minister,showers and change facilities and areceptacle for the disposal or treatment ofsewage or waste from visiting vessels;yard space for maintenance activities, anda receptacle for recycling oil, glass andbatteries;

“Minister” means the minister to whomresponsibility for tourism is assigned;

“new tourism project” means a tourism projectthat has been constructed otherwise thanby the reconstruction, alteration,renovation, or extension of an existingtourism project;

“operator” means an individual, a partnershipor a company that operates an approvedtourism project owned by or leased to theindividual, partnership or company andincludes their respective successors intitle;


“Order” means an Order of the Minister madeunder Part 2 declaring any tourism projectto be an approved tourism project;

“owner” means an individual, partnership or acompany that owns or owns and developsan approved tourism project but that isnot an operator in respect of that tourismproject and includes their respectivesuccessors in title;

“permit” means a permit granted by theMinister under Part 3;

“recreational space” means space utilizedprimarily for recreation and enter-tainment of tourists;

“room” means the sleeping room of a tourismaccommodation facility which is of aspecified minimum size, is furnished,includes bathroom and toilet facilities andfor which daily housekeeping services areprovided;

“State Authority” means an enterprise ownedor controlled by or on behalf of the Stateso, however, that an enterprise shall betaken to be controlled by the State if theGovernment or any body controlled by theGovernment—

(a) exercises or is entitled to exercisecontrol directly or indirectly overthe affairs of the enterprise;

(b) is entitled to appoint a majority ofthe directors of the Board ofDirectors of the Enterprise; or

(c) holds at least fifty per cent of theordinary share capital of theenterprise;


“tax” means income or corporation tax;

“tax benefit” means any tax exemption or taxrelief granted pursuant to this Act;

“tax exemption” means any exemption fromtax in respect of gains or profits;

“theme parks” means recreational spacehaving a definable theme where such atheme ranges from history to fantasy,providing a range of activities forentertainment;

“tourism project” means a project as set out inSchedules 2, 5 and 6, and involvesactivities listed in Schedule 4;

“tourist” means one who travels to Trinidadand Tobago for business or pleasure or onewho travels within Trinidad and Tobagofor pleasure;

“tourist accommodation project” means atourism project specified in Schedule 5;

“tourism ancillary facilities and services”means a project providing support fortourism and exists for the sole purpose ofproviding entertainment and attractionsfor use by tourists as listed in Schedule 2;

“tourism infrastructure” means any publicgoods provided primarily in support oftourism development, including but notlimited to items set out in Schedule 6; and

“transportation service” means but is notlimited to ferry services, charter boats,VIP limousines, motor cars, tour buses,taxis or any other resources as may berecommended by the Corporation or theAssembly where applicable and approvedby the Minister.

Schedule 5

Schedule 2

Schedule 6


PART 1

DEVELOPMENT INCENTIVES

3. (1) For the purpose of encouraging thedevelopment of the tourism industry in Trinidad andTobago the Minister may confer any of the tax benefitsdescribed in subsections (3), (4) and (5) on owners oroperators, as the case may require.

(2) In conferring the tax benefits referred to insubsection (1) the Minister shall have regard to theamount of capital invested by an owner or operator andthe consequent financial risk as well as the measure ofcontribution that the owner or operator has made or islikely to make to the sustainable development of thetourism industry in Trinidad and Tobago and theachievement of national tourism objectives.

(3) The tax benefits which the Minister may conferon an owner or operator when an approved tourismproject results in the creation of a new tourism projector the expansion of an existing tourism project, shallbe—

(a) a tax exemption not exceeding seven yearsin respect of the gains or profits from theapproved tourism project;

(b) a tax exemption in respect of the gains orprofits derived from the initial sale of avilla or condominum or the site for a villaor condominum that forms part of an IRDwhich is an approved tourism project.

(4) In addition to the tax relief mentioned insubsection (3) the following tax benefits may, subject toPart 4, be granted during the period that a tourismproject is an approved tourism project:

(a) a carry-over from a tax exemption period, ifany, of any loss arising out of the operationor renting of an approved tourism project;and

Tax benefit


(b) a tax exemption in respect of interestreceived on an approved loan used for anapproved tourism project.

(5) The owner or operator of an approved tourismproject who receives a tax exemption under subsection(3) shall place in a separate account all gains or profitsthat are tax exempt and if the owner or operator is acompany and pays a dividend to a non-residentshareholder out of the aforementioned gains or profits,the dividend so paid shall be exempt from tax if therecipient is not liable to tax in respect of that dividendin the country in which he is a resident.

4. (1) On application by an importer, the Ministermay recommend to the Minister to whom theresponsibility for Trade and Industry is assigned, that alicence to import the vehicles under the requirementsoutlined in Schedule 7 be granted.

(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.

5. Except in the case of an additional capitalexpenditure under Part 2, no person who has beengranted an interim approval shall apply for or receivean additional interim approval in respect of the sametourism project.

6. (1) Where a tourism project or any part thereof,which enjoyed benefits under the Act is sold or usedother than stated in the Order, a tourism projecttransfer tax calculated on the market value of thetourism project or any part thereof shall be paid by thevendor to the Board at the appropriate rate as set outin Schedule 8.

Limitations on Taxbenefits

Tourism TransferTax

Additionalbenefits

Schedule 7


(2) This section shall not apply to the sale or leaseof a villa or condominum or the site for a villa orcondominum which forms part of an IRD which is anapproved tourism project.

(3) The Minister may in certain cases, approve ofthe sale or changed use of the project in circumstanceswhere he considers it equitable to do so and in givingsuch approval will state what portion of the transfertax as set out in Schedule 8 shall be exempted.

(4) A person who contravenes this section commitsan offence and is liable on summary conviction to a fineof one million, five hundred thousand dollars and toimprisonment for two years.

7. Tourism projects seeking to access benefits underthis Act—

(a) must be registered with the Corporation orthe Assembly;

(b) are subject to annual inspection by theCorporation in respect of mattersconcerning Trinidad, and the Assembly inmatters concerning Tobago;

(c) must provide relevant statistics/economicdata at intervals as required by theCorporation or the Assembly;

(d) must as far as possible, engage the humanresources of Trinidad and Tobago;

(e) must show linkages to the agricultural,construction and furniture industries andother manufactured goods and services ofTrinidad and Tobago.

7A. No benefits under this Act shall be conferred on—(a) the purchaser or lessee of a villa or

condominum or the site for a villa orcondominum unit in an IRD which is anapproved tourism project; or

Requirements forfacilities to accessbenefits

Non conferral ofbenefits


(b) an owner or operator who has not obtainedan order in accordance with this Act.

PART 2

APPROVED TOURISM PROJECTS

8. In order to obtain benefits under this Part, atourism project shall—

(a) have a minimum capital expenditure asoutlined in Schedule 9;

(b) be constructed or undertaken primarily foruse in the tourism industry; and

(c) be available on a continuing basis for use inthe promotion of Trinidad and Tobago as atourist destination.

9. Tourism projects, the incentives for which, will bereserved solely for nationals of Trinidad and Tobagoare:

(a) accommodation facilities under twenty-onerooms;

(b) transportation services;(c) ground tour operations or destination

management companies.

10. (1) Where a project is contemplated having theminimum capital expenditure prescribed in Schedule 9,any person who owns or operates or intends to own oroperate the tourism project or proposed tourism projectin respect of which the project is contemplated, mayapply to the Corporation in the form prescribed to havethe tourism project approved for the purposes of thisAct.

(2) Upon receipt of an application undersubsection (1), the Corporation may require theapplicant to submit such information and plans as

Investment criteria

Mandatory localownership

Application forapproval of projectSchedule 9

Further informationto be furnished byapplicant


required, and the Corporation may require thatsatisfactory evidence be submitted to it with respect toany matter relevant to the application, proposedproject, ownership of the tourism project or proposedtourism project or lands to be used in connectiontherewith, or to the estimated expenditure on theproject, or the source of the funds thereof.

(3) The Corporation upon receipt of theinformation, plans, evidence or estimate requested inaccordance with subsection (1) shall examine theapplication and upon consideration of the approvedcriteria and guidelines in accordance with this Actmake the necessary recommendations to the Ministerno later than thirty days after receipt of theapplication.

11. (1) Where a project is contemplated in Tobagohaving the minimum capital expenditure prescribed inSchedule 9 any person who owns or operates projects inTobago, or intends to own or operate the tourismproject contemplated may apply to the Corporation inthe form prescribed, to have the tourism projectapproved for the purposes of this Act.

(2) Upon receipt of an application undersubsection (1) the Corporation may require theapplicant to submit such information and plans asrequired, and without limiting the generality of theforegoing, the Corporation shall submit the applicationto the Assembly for recommendations. The Assemblymay require that satisfactory evidence be submitted toit with respect to any matter relevant to theapplication, proposed project, ownership of the tourismproject or proposed tourism project or lands to be usedin connection therewith, or to the estimatedexpenditure on the project, or the source of the fundsthereof.

Application forapproval of project inTobago

Further informationto be furnished byapplicant


(3) The Assembly, upon receipt of theinformation, plans, evidence or estimate requested inaccordance with subsection (2) shall examine theapplication and upon consideration of the approvedcriteria and guidelines in accordance with this Act,shall make the necessary recommendations to theMinister no later than thirty days after the receipt ofthe application.

12. (1) Every application under sections 10 and11 shall be accompanied by a proposal for thetourism project containing such information set out inSchedules 7 and 9.

(2) Notwithstanding subsection (1), theCorporation, or the Assembly, may require theapplicant to submit such other information with respectto any matter relevant to the application or theproposed project.

13. (1) Where the Minister is satisfied that thetourism project is practical and that it would assist thedevelopment of the tourism industry in Trinidad andTobago and is otherwise in the public interest and hasreceived the recommendations of the Assembly for theproject in Tobago, the Minister may grant to theapplicant an Interim Certificate of Approval, withinforty-five days after receipt of the completedapplication under sections 10 and 11 or within suchfurther time as he may think fit.

(2) The Interim Certificate of Approval grantedunder subsection (1)—

(a) shall be in such form and contain suchparticulars as may be prescribed;

(b) shall specify the tax benefits that will begranted to the owner or operator oncompletion of the project; and

Information to befurnished byapplicant

Interim approval ofproject


(c) may impose such terms and conditions tobe observed by the owner or operator.

14. (1) An interim approval may be revoked by theMinister at any time if—

(a) any of the information given on theapplication thereof was false or misleadingin any material respect;

(b) the person to whom the interim approvalwas granted has become unable to carry outor complete the project approved by theinterim approval; or

(c) the person to whom the interim approvalwas granted has failed to comply with anyterm or condition stated therein as requiredby the regulations,

and the Minister shall cause written notice of therevocation of an interim approval to be given to theperson to whom the interim approval was granted.

(2) Unless sooner revoked under subsection (1),an interim approval is revoked when, upon completionof the project thereby approved, the Minister makes anOrder under section 16 in respect of the tourism projectfor which the project was carried out.

(3) The Minister may revive an interim approvalrevoked under subsection (1) if in his opinion it is in thepublic interest to do so, or he may grant a new interimapproval in respect of the proposed or incompleteproject.

15. (1) After the receipt of such plans andspecifications and other details as may be required toenable him to do so, the Minister shall, as soon aspracticable, determine for the purposes of this Act theestimated amount of capital expenditure on items forthe project.

Revocation of interimapproval

Determining capitalexpenditure


(2) For the purposes of this Act, capitalexpenditure which may be approved for a project isexpenditure in respect of—

(a) the construction of a new tourism project ora building to be made into a tourismproject;

(b) the expansion or addition to an approvedtourism project;

(c) the furnishing and equipping of the tourismproject, referred to in paragraph (a) or (b);and

(d) subject to subsection (3), the advertisingand promotion of the tourism projectto which the approved tourism projectrelates, if the expenditure, is made beforethe interim approval is revoked undersections 14(1) and 14(2).

(3) So much of an expenditure for advertising orpromotion of any project that exceeds ten per cent ofthe aggregate of the other approved capitalexpenditures in respect of that project shall not beapproved as a capital expenditure.

(4) The capital expenditure that is approved bythe Minister in respect of a project shall be certified bythe Minister to the holder of the interim approvalgranted in respect of that project, and the Ministermay, after a request by the holder of the interimapproval, add to, delete from or otherwise vary theitems of capital expenditure that will be approved byhim, where it is fit and proper to do so in thecircumstances of the case; and any such addition,deletion or variation shall be notified by a furthercertificate from the Minister to the person to whom theinterim approval is granted.

16. (1) When any tourism project has been completedsubstantially in accordance with the conditions of theinterim approval granted in respect thereof, the

Final approval oftourism project


Minister shall, by Order (in this Act referred to as “anapproved tourism project Order”), declare the tourismproject in respect of which the project was carried outto be an approved tourism project for the purposes ofthis Act.

(2) An approved tourism project Order madeunder subsection (1)—

(a) shall be in such form and contain suchparticulars as may be prescribed;

(b) shall specify the tax benefits granted to theowner or to the operator;

(c) may impose continuing conditions to beobserved by the owner or the operator indefault of the observation of which theapproved tourism project Order shallbecome inoperative with effect from suchdate as may be fixed by the Minister byNotification.

17. (1) An approved tourism project Order shall fix—

(a) the effective date of the Order in respect ofthe operator; and

(b) if there is an owner of the approved tourismproject who is entitled to any tax benefit,the effective date of the Order in respect ofthat owner.

(2) The date fixed in respect of an owner may bean earlier date than that fixed in respect of an operatorbut both dates or either of them may antedate the dateof the making of the approved tourism project Order.

(3) The date or dates fixed in and by anyapproved tourism project Order in respect of anoperator and an owner, as the case may be, shall betaken, for the purpose of computing tax benefits, to bethe beginning of the accounting period of that owner oroperator.

Effective dates ofapproved tourismproject Orders


18. (1) After an approved tourism project Order ismade, the owner or operator as the case may be, whohas incurred an approved capital expenditure inrespect of the project is entitled to receive from theMinister a certificate of approval of the capitalexpenditures actually and bona fide made in respect ofthe project for which an interim Order had beengranted, if the items of capital expenditure—

(a) are verified in such manner as the Ministermay require; and

(b) are capital expenditure previously includedin the estimated capital expendituresapproved for the project or, if not such anexpenditure, are capital expendituresacceptable to the Minister.

(2) A copy of any certificate of approval given bythe Minister under this section shall be deposited withthe Board.

(3) A certificate of approval of capitalexpenditures shall be in such form as may beprescribed.

19. (1) Where the Minister is satisfied that anapproved tourism project would be better able tocontribute to the development of the economy ofTrinidad and Tobago if the tourism project wereextended, remodelled, added to or if the tourism projectwere to be further equipped or furnished or were to addto its services by any of these means during thetax exemption period, the Minister may, subject tosection 18, grant an additional interim approval inrespect of the project proposed for the tourism project.

(2) An additional interim approval granted underthis section shall be dealt with in all respects so far aspracticable as an interim approval granted undersection 14, but no additional approved tourism projectOrder need be made in respect of the approved tourismproject for which the additional interim approval isgranted.

Certificate ofapproval of capitalexpenditure

Additional interimapproval


(3) An additional interim approval under thissection is revoked upon the certificate of the Ministerthat the project is completed, and the Minister shallapprove the items of additional capital expenditureafter verification thereof, in the same manner and uponthe same conditions, mutatis mutandis, as a certificateof approval of capital expenditure under section 18.

20. An additional interim approval shall not begranted under section 19 in respect of a project unlessthe Minister is satisfied by such evidence as he mayrequire—

(a) that the nature and purpose of the projectwarrants fiscal benefits under this Act; and

(b) that the project is likely to be completedwithin the tax exemption period or withinsix months after the tax exemption periodof that approved tourism project.

21. (1) Where an additional interim approval hasbeen granted under section 19 for a project and theperiod during which the approved tourism project isexempt from tax is less than seven years, if theMinister is satisfied that an additional capitalexpenditure made in respect of that approved tourismproject warrants it, the Minister, upon completion ofthat project, in accordance with the additional interimapproval therefor, may, by Notification, extend theperiod of tax exemption to any period not extendingbeyond seven years from the effective date of the Ordermade in respect of the approved tourism project.

(2) Where a Notification is published inaccordance with subsection (1) the relevant approvedtourism project Order shall be deemed to be amendedaccordingly.

Restriction on grantof additional interimapproval

Extension of taxexemption period


PART 3

CUSTOMS AND EXCISE DUTY EXEMPTIONS

22. (1) Where a person has been granted an interimapproval or an additional interim approval underPart 2, the Minister may grant to that person upon hisapplication thereof a permit for the importation orentry into Trinidad and Tobago free of customs dutyand for the purchase in Trinidad and Tobago with theprivilege of a drawback of customs duties or exciseduties such building materials which are not alreadyduty free and articles of equipment for tourismaccommodation.

(2) A permit is subject to the conditions that thebuilding materials and articles of tourism equipmenttherein specified shall be used exclusively in connectionwith the construction and equipment of the project forwhich the interim approval or the additional interimapproval has been granted and that such buildingmaterials and articles of tourism equipment are notmanufactured locally or not readily available locally.

(3) No permit shall, without the writtenpermission of the Minister, be used for the importation,entry or purchase of an article of tourism equipment toreplace an article of tourism equipment that has beenimported, entered or purchased under that or any otherearlier permit or any licence granted under the formerHotel Development Act.

23. A permit shall be in such form and shall besubject to such terms as may be prescribed but mustinclude the type of materials and a description of everyarticle of tourism equipment as well as their quantities.

24. (1) The holder of a permit may, upon theproduction of the permit to the Comptroller, import intoTrinidad and Tobago subject to the terms of the permitsuch building materials and articles of tourism

Permit

Form of permit

Exemption fromcustoms duty


equipment as are specified in the permit at theapproved rate of duty or free from duty.

(2) Where the goods are exempted from fullcustoms duty for the avoidance of doubt Value AddedTax will still be payable.

25. (1) Where the holder of a permit satisfies theComptroller—

(a) that any building materials or articles oftourism equipment have been purchased bythe holder of the permit in Trinidad andTobago in accordance with the terms of hispermit and that either—

(i) customs duties were paid upon theimportation into Trinidad andTobago of the building materials orarticles; or

(ii) excise duty was paid upon themanufacture in Trinidad andTobago of the building materials orarticles; and

(b) of the amount of the customs duties orexcise duty so paid,

the holder of the permit is entitled to be paid anamount equivalent to the amount of drawback thatwould have been payable under any Regulations for thetime being in force in relation to the granting ofdrawback of customs duties or excise duties if thebuilding materials or articles of tourism equipment hadbeen exported from Trinidad and Tobago.

(2) No provision of any Regulations relating tothe grant of a drawback that restricts the payment ofdrawback to cases where the goods in respect of whichthe payment is claimed are exported within thespecified period applies to any payment undersubsection (1).

Drawback privileges


26. (1) Where the holder of a permit satisfies theComptroller that any building materials and articles oftourism equipment have been purchased by the holderof the permit in Trinidad and Tobago in accordancewith the terms of his permit and—

(a) that customs duties were paid upon theimportation into Trinidad and Tobago of thebuilding materials or articles of tourismequipment or that excise duty was paidupon the manufacture in Trinidad andTobago of the building materials or articles;and

(b) that he is unable to ascertain the amount ofthe customs duties or excise duty so paid,

the holder of the permit is entitled, subject tosubsection (2), to be paid such sum as the Comptrollerthinks fit, and the Comptroller’s calculation of Customsor Excise Duty in such circumstances shall be final,unless an appeal is made to the Tax Appeal Boardwithin three months of the date of the Comptroller’scalculation.

(2) No payment under this section shall—

(a) in the case of building materials or articlesof tourism equipment that are rated goodswithin the meaning of any Act orRegulations for the time being in force inrelation to customs or excise duties, exceedthe lowest preferential rate that has beenin force for that description of goods at anytime during the two years next precedingthe date of purchase by the holder of thepermit; or

(b) in the case of any building materials orarticles of tourism equipment liable underany Act for the time being in force inrelation to customs duties or excise dutiesexceed an amount equal to an ad valorem

Drawback when dutynot known


duty of nine per cent of the purchase priceof the materials or articles, if the lowestpreferential ad valorem rate in force forthat description of goods for a period of twoyears before the date of supply was fifteenper cent or an amount equal to a pro ratasum, when other ad valorem rates havebeen in force during such periods.

27. (1) Notwithstanding any law to the contrary,where any building materials or articles of tourismequipment have been imported into Trinidad andTobago under a permit or where any sum has been paidunder section 25 or 26 in respect of any buildingmaterials or articles of tourism equipment, the buildingmaterials or articles shall not, except as authorised bythe Minister under section 22—

(a) be sold, exchanged, given away or exportedfrom Trinidad and Tobago; or

(b) be applied for any purpose other than usein connection with the construction orequipping of the tourism project to whichthe permit to which the building materialsor articles were specified relates.

(2) A person who contravenes subsection (1) shallbe liable on summary conviction to a fine of onehundred thousand dollars or shall pay the relevantduties or to repay the sums paid under section 25 or 26in respect of the building materials or articles oftourism equipment of which improper disposal wasmade.

28. A holder of a permit who has imported intoTrinidad and Tobago building materials or articles oftourism equipment under a permit may not dispose ofthem where they were imported—

(a) free of duty for a tourism project, duringthe period of the tax holiday granted to thattourism project;

Prohibited uses ofmaterials

Authorised disposalof materials andarticles


(b) for a tourism project that was not granted atax holiday, during a period of five yearsafter the importation of the materials orarticles into Trinidad and Tobago.

29. (1) Where any articles of tourism equipmenthave been imported into or purchased in Trinidad andTobago under a permit, the holder shall make aninventory of all such articles, and the inventory shall bekept by the holder of the permit while the permitsubsists and thereafter it shall be kept by the manageror 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 byany person authorised in writing by the Comptroller forthat purpose, and the person so authorised may do allacts or things necessary to satisfy himself that thearticles enumerated in the inventory are upon thepremises of the tourism project at the time of hisinspection.

30. (1) If the Minister is satisfied that any holder of apermit—

(a) has obtained the permit by any falsestatement;

(b) has abused or misused the permit;

(c) has broken or failed to comply with anycondition of the permit; or

(d) has failed to pay any sum payable by himunder this Part,

the Minister may by written notice to the holder of thepermit either suspend the operation of the permit forsuch time and subject to such conditions as may bespecified in the notice or revoke the permit.

Exempt articles

Revocation of permit


(2) In addition to suspending or revoking apermit, the Minister may, in a case described insubsection (1), order the holder of the permit to pay anyrelevant duties or to repay any sums paid under section25 or 26 in respect of any building materials or articlesof tourism equipment obtained under the permit, andany sum so ordered to be paid are recoverable as a civildebt.

31. (1) Subject to subsection (2) a permit expiresupon the revocation of the interim approval or theadditional interim approval of the project in respect ofwhich the permit was granted.

(2) Where the construction of the tourism projectin respect of which a permit has been granted iscompleted for the purposes of Part 2 but in the opinionof the Minister not complete so far as the acquisition ofbuilding materials or articles of tourism equipment isfacilitated, the Minister may extend the permit for suchfurther period not exceeding twelve months as theMinister may consider adequate in the circumstances.

32. (1) A permit is transferable only with the writtenconsent 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 permitthat he acquired by a purported transferthereof to him,

is liable to prosecution under the Summary OffencesAct.

(3) The Minister may, in his discretion, revoke orsuspend for such period as he thinks proper, a permitwhere the holder thereof has been convicted of anoffence under subsection (2)(a) or where in the opinion

Termination ofpermit

Transfer of permit


of the Minister the holder of a permit that was involvedin an offence under subsection (2)(b) facilitated thecommission of that offence in any way.

33. The President may, by order, amend theSchedules.

PART 4

TAX BENEFITS

34. The provisions of this Part apply to a new orexisting tourism project that has been declared byOrder to be an approved tourism project under Part 2 ofthis Act.

35. Subject to section 37, where an approved capitalexpenditure was made in respect of a tourism project oran altered existing project, and a tax exemption periodhas been granted in respect of that tourism project,then, as the case may be, gains or profits arising to theowner or operator from the approved tourism projectare exempt from tax for such period and from sucheffective date as is fixed in the approved tourismproject Order made in respect of that tourism project.

36. (1) The gains or profits that are eligible forexemption from tax in any accounting period shall bethe gains or profits derived by the owner or operatorfrom the rental or operation of the approved tourismproject or the initial sale or lease of a villa orcondominum or the site for a villa or condominiumwhich forms part of an IRD which is an approvedtourism project.

(2) The gains or profits for an accounting period,accruing to the owner or operator of an approvedtourism project, shall be determined by deducting fromthe gross revenue derived in that accounting period allallowances and deductions as are applicable under theIncome Tax Act or Corporation Tax Act.

Amendment ofSchedules

Application ofPart 2

New or existingtourism projectexemption

Determination ofgains or profits


(3) The losses incurred by the owner or operatorof an approved tourism project for an accounting periodshall be computed by deducting from the gross revenuederived in that accounting period all allowances anddeductions as are applicable under the Income Tax Actor Corporation Tax Act.

(4) A loss incurred for an accounting period bythe owner or operator of an approved tourism project,arising out of the rental or operation of such approvedtourism project during the tax exempt period, shall beheld over and carried forward by such owner oroperator and shall be set off against any gains or profitsof such tourism project accruing to such owner oroperator after the expiration of the tax exempt periodin accordance with section 16 of the Income Tax Act.

37. (1) No gains or profits accruing to an owner oroperator from the operation of an approved tourismproject are eligible for tax benefits under section 35 or36, unless separate books and records are kept for eachtourism project to the satisfaction of the Board, andunless a return in respect of the gains or profits issubmitted to the Board in respect of the accountingperiod for which the tax benefit is claimed.

(2) A loss may be held over and carried forwardwhere—

(a) a return is made to the Board in respect ofthe accounting period in which the loss wasmade; and

(b) a return is made to the Board for eachaccounting period between the accountingperiod in which the loss was made and theaccounting period or year of income, as thecase may be, in respect of which the loss iscarried forward.

(3) Where a return is made in respect of gains orprofits in accordance with this section, the Board shall,if it is satisfied with the return so made, certify the

Determination oflosses

Carry forward oflosses

Returns andassessments


amount of the gains or profits shown in the return or ifit is not so satisfied, certify such amount as may appearto it to be the correct amount and the amount of gainsor profits so certified is the amount that is eligible fortax exemption under this Act.

(4) The appeal provisions of section 3 of the TaxAppeal Board Act apply mutatis mutandis in respect ofan owner or an operator who makes a return undersubsection (1) and is not satisfied with the amountcertified by the Board under subsection (2).

38. (1) Subject to subsection (2), the Minister towhom responsibility for Finance is assigned, may byOrder exempt from tax, interest received on anapproved loan for a period not exceeding seven years orthe period of the loan, whichever is the lesser period.

(2) A person in receipt of any interest from anapproved loan exempted from tax under this sectionshall—

(a) keep a separate account of that interest tothe satisfaction of the Board; and

(b) make an annual income tax return inrespect of that interest to the Board,

and no claim for exemption in respect of such interestshall be allowed by the Board if paragraphs (a) and (b)are not complied with.

(3) No benefit under this section shall apply to aloan made to the purchaser or lessee of a villa orcondominium unit or site for a villa or condominiumunit in an integrated resort development.

PART 5

TRANSITIONAL AND MISCELLANEOUS PROVISIONS

39. (1) Where on the commencement of this Act anapplication for interim approval of a hotel under theformer Hotel Development Act (hereinafter referred to

Exemption from taxof interest on anapproved loanChap. 75:01

Chap. 4:50

Pending applicationsunder repealed Act


as “the repealed Act”) is pending, that application shallbe deemed to be an application for an interim approvalof a tourism project under Part 2 and shall be dealtwith in accordance with that Part.

(2) Any other application made on or after3rd August, 1995 and pending under the repealed Actshall be deemed to be an application for any similarbenefit available under this act.

40. Where on the commencement of this Act anyperson is engaged under the former Hotel DevelopmentAct to tax benefits in respect of any hotel project, theprovisions of that former Act shall continue to haveeffect so as to preserve the benefits conferred on thatperson as specified in the Order granted under thatAct.

41. (1) Where on the commencement of this Act anyperson is engaged in the tourism project whichcommenced on, or after 3rd August, 1995, in respect ofwhich he may be eligible to enjoy tax benefits underthis Act, such person may submit an application underthis Act for the tax benefits that he would be entitledto, had this Act been in force from August 3rd, 1995.

(2) Subsection (1) shall have effect from the dateof the proclamation of this Act.

(3) Subsection (2) shall not apply to section 38.

42. The Corporation or the Assembly, as applicable,shall conduct annual inspections of tourism projectsand failure to meet the requirements set out by theCorporation or the Assembly will result in awithdrawal of the certificate for benefits.

43. The President may make Regulations for thepurpose of carrying out the intent and purpose of thisAct and in particular, but without limiting thegenerality of the foregoing, may make Regulations to—

Saving of tax benefitsunder repealed Act

Retrospectiveeffect

Penalties

Regulations


(a) prescribe the form of applications to bemade for interim approvals, the manner ofpreparing site plans of proposed tourismproject or buildings to be used as a tourismproject, the other plans and the formthereof and specifications that are toaccompany applications for approval ofprojects relating to a tourism project;

(b) prescribe the form and contents of interimapprovals and the conditions and terms tobe contained in interim approvals eithergenerally or in particular cases, andprescribe those conditions, the breach ofwhich will result in the revocation orsuspension of an interim approval;

(c) prescribe the manner and extent ofitemizing capital expenditures or additionalcapital expenditures to be approved for thepurposes of this Act;

(d) prescribe the form and contents of approvedtourism project Orders and provide for thegiving of security in the case of an approvedtourism project Order made in advance ofcompletion of an approved project;

(e) prescribe the form of permits and the termsand conditions under which permits are tobe granted;

(f) prescribe the type of mark to be affixed toany article of tourism equipment importedor purchased under a permit and themanner in which the mark so prescribed isto be affixed to any article;

(g) prescribe the form of inventory required bysection 29 to be kept in respect of articles of


tourism equipment imported or purchasedunder a permit;

(h) provide for the determination for taxpurposes of the rent chargeable as arevenue expense by an operator and asgains or profits accruing to an owner inrespect of any accounting period where theBoard is of the opinion that any rentactually charged is unreasonable havingregard to the circumstances of the lease;

(i) provide for the making up of the accounts ofoperators or owners at the beginning andend of any tax exemption period, and themanner in which the accounts are to bemade up;

(j) prohibit, limit and control the making ofloans by a company operating or owning anapproved tourism project whether the loansare made to a share-holder of the companyor otherwise;

(k) make provision for any matter or thingincidental or ancillary to any of the mattersor things mentioned in any of the foregoingparagraphs, or for any matter or thing notbeing so incidental or ancillary that isdeemed to be necessary or advisable in theadministration of this Act; and

(l) provide penalties by way of fine orimprisonment or both for contraventions ofthe Regulations, but any regulation madeunder this provision shall have no effectuntil approved by resolution of the Senateand the House of Representatives.


44. The provisions of the Income Tax Act and theCorporation Tax Act shall apply to owners andoperators under this Act with such modifications as arenecessary or expedient but subject always to this Act.

45. The Hotel Development Act is hereby repealed.

Applications of theIncome Tax Act andthe Corporation TaxAct

Chap. 85:02 repealed


SCHEDULE 1(Section 2)

ARTICLES OF EQUIPMENT FOR TOURISM ACCOMMODATION FACILITIES

In keeping with national tourism objectives, the fostering ofstrong linkages with other sectors such as agriculture,manufacturing and services is considered priority. The followingitems will be allowed for importation free of customs and exciseduties as long as they are not manufactured in the desiredquantities and quality in Trinidad and Tobago:

(a) Room furnishings and fixtures.

(b) Entertainment equipment including musicalinstruments, 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, electriclamps and fittings, electric fans and vacuum cleaners.

(h) Sewer systems.

(i) Environmentally-friendly and/or energy-saving devicessuch as solar panels, heating equipment.

(j) Any other article or equipment for exclusive use in orin connection with the operation of tourismaccommodation facility except foreign works of art,paintings, sculptures of historical foreign significancewhich will be excluded from duty free exemption.



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 projectsor stand alone courses—all must be open for public usethough).


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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), CampSites, Guest Houses, Hotels, Resorts, Dive and Eco Lodges, that aredestined entirely for public tourist lodging. These facilities musthave a minimum of eight guest rooms, incur and pay the relevantHotel Accommodation Tax to the Board of Inland Revenue, in orderto access benefits under the proposed legislation.

[N.B. Part XI (Hotel Accommodation Tax) of the Finance Act of 1995 willtherefore have to be appropriately amended]

Establishment and provision of land and marinetransportation services that are destined mainly for public touristuse.

Construction, furnishing, equipping and operation of ancillarytourism facilities/services.

Construction, furnishing, renovation, refurbishment, andexpansion of access infrastructures and operations ofinfrastructure for the specific purpose of tourist use, includingmarinas, ports and airports.

Construction, furnishing, renovation, refurbishment,expansion and operation of convention centres, shopping facilitiesfor local craft having tourist interest and recreational space.

Construction, furnishing, renovation, restoration, remodelling,expansion, operation and maintenance of any real property for useas a historical museum or for commercial public use at historicallandmarks and heritage sites, in such a manner as to showcasesuch a landmark/site and to preserve the integrity of such alandmark/site in the history of Trinidad and Tobago.

The operation of an agency handling incoming air, land andsea tours and/or destination management services devoted entirelyto such an activity.

Any project producing feature films and international artisticor sports events to be broadcast internationally, that includesspots promoting tourism in Trinidad and Tobago.


Construction, furnishing, renovation, refurbishment, expansionand operation of theme parks, cultural centres or other like facilitywhich will create an attraction with international tourism appealand which will showcase the culture, heritage, history and artisticproduct of Trinidad and Tobago.

Owing to the dynamic nature of the tourism industry, it is notpossible to complete a comprehensive list of “tourism projects”.The national tourism development agency will determine thevalidity of proposals for tourism projects that are not defined bySchedules 1 and 2.


TOURIST ACCOMMODATION PROJECT

For the purposes of this legislation the following types oftourism accommodation establishments will be eligible forincentives under this Act:

(i) Integrated Resort Development (IRD):

An IRD will be treated as an approved tourism project and beeligible for incentives referred to where the IRD meets all of thefollowing basic criteria:

It includes a hotel of at least 200 rooms.

It includes any major amenity/amenities such as a golfcourse or marina and such other sporting, cultural or eco-tourism facilities.

It has a minimum capital expenditure of at least TT$350million.

Additionally, where villas and condominiums form part of anIRD, they will only be considered as tourist accommodationfacilities where it is clearly shown by the developer, that theconstruction of these villas and condominiums are critical to theviability and success of the entire project. In this regard, the fullproject proposal for an IRD submitted by a developer, shouldinclude certain key pieces of information that the Ministerresponsible for Tourism will consider in assessing whether theinclusion of villas and condominiums is critical to the economicviability and the success of the IRD, and if so, to what extent. Thekey pieces of information referred to include the following:

The number of the villas and condominiums to beconstructed as part of an IRD.

The cost of construction of these villas and condominiums.


The selling prices and/or the cost of rental/lease of suchunits.

The cost of construction of amenities such as golf course andmarina.

The cost of infrastructural works that the developerundertakes.

(ii) Hotel

(iii) Camp Site, Dive and Eco-Lodge

(iv) Guest house

The tourism accommodation projects outlined must also meetthe following criteria as applicable in order to be eligible forincentives under this Act:

Establishments providing not less than 20 rooms shouldcontain public facilities, with an appropriate number of publicrooms (dining, bar, lounge) for the entertainment andaccommodation of guests, having regard to the size, type andlocation of the proposed establishment. The facility mustprovide dining space for at least one half of the total number ofguests, and seating space in lounges and bars should providefor 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 bedroomaccommodation in the form of self-contained apartments andnot 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 exclusiveoccupation of any person or company for a period exceeding onemonth would be regarded as inconsistent with the use of theaccommodation facility.

Any accommodation facility having more than 250 bedroomsshould include a convention hall in its public amenities capableof accommodating at least 75% of the maximum guest capacity,as well as one or two smaller rooms suitable for small meetings,receptions, etc.



TOURISM INFRASTRUCTURE

Dive Re-Compression/Hyperbaric Chamber

Heliport

Sea Ports and Airports

Communications

Public Utilities—water, electricity, sewage treatment plant

Roads

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Ecological and Environmental Maintenance

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SCHEDULE 8

l - 7 YEAR TAX HOLIDAY

Period Tourism Transfer Tax

Up to Year 1 12%

Year 2 12%

Year 3 10%

Year 4 10%

Year 5 10%

Year 6 8%

Year 7 8%

Year 8 Nil


SCHEDULE 9

MINIMUM CAPITAL EXPENDITURE (TT$)

TYPE OF TOURISM PROJECT

MINIMUM CAPITAL EXPENDITURE

International Investor

Local Investor

Accommodation Facility 18,600,000 2,500,000

Marina, Boatyard 18,600,000 1,000,000

Eco-Lodges 6,200,000 500,000

Watersports 1,550,000 310,000

Charter Boats 5,000,000 310,000

Destination Management Companies, Ground Tour Operations

n/a 310,000

Recreational Space 1,550,000 620,000

Transportation Service n/a 310,000

Tourism Infrastructure 3,100,000 310,000

Convention Centres, Shopping Facilities

6,200,000 620,000

Historical Landmarks, Heritage Sites

6,200,000 620,000

Film/Special Events 6,200,000 3,100,000

Theme Parks/Cultural Centres

31,000,000 9,300,000

Golf Courses 31,000,000 31,000,000

SCHEDULE 10

[Sections 10(2) and 11(2)]

INFORMATION REQUIRED TO BE SUBMITTED UNDER SECTIONS 10(2)AND 11(2)

(a) Ownership of the facility or proposed facility or lands to beused in connection therewith;

(b) A plan or drawing of the project showing the site andelevation of the construction of the project and anyexternal construction which would expand an existingproject;

(c) An Outline Planning Permission obtained from the Townand Country Planning Division of the Ministry of Housingand Settlements;

(d) A time frame within which the construction of the projectwill begin, when the project will be completed and whenthe project will be opened for business;

(e) The estimated capital expenditure of the project or thesource of the funds thereof;

(f) The cost of the project itemizing those costs for whichrefunds would be claimed.

Passed in the Senate this 15th day of December,1999.

N. COXClerk of the Senate

Passed in the House of Representatives this 17th day of March, 2000.

J. SAMPSON-JACENTClerk of the House

House of Representatives amendments agreed to bythe Senate this 28th day of March, 2000.

N. COXClerk of the Senate

PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN

REPUBLIC OF TRINIDAD AND TOBAGO—2000


The Tourism Development Act, 2001

Documents

Transcript of The Tourism Development Act, 2001