Leader of the Equal Rights and Justice Party (E.R.J.P), Jaipaul Sharma recently lambasted the government for its latest Order that allows the Guyana Revenue Authority (GRA) to demand more taxes on vehicles imported by re-migrants. According to Sharma, this Order guts the promise made by the government earlier this year that the 2024 budget would bring no new taxes. He also deemed the order to be a disrespect to a recent ruling by the High Court.
The Order referenced by Sharma was signed by Senior Finance Minister, Dr. Ashni Singh on July 30, 2024. This was just one day after Chief Justice (ag), Roxanne George-Wiltshire ruled in a case lodged by re-migrant, Aditya Basdeo, that GRA was unlawfully demanding a 30 percent Excise Tax on his 2023 toyota Landcruiser when the proper rate should be 10 percent.
Guyana Standard understands that GRA had written to Basdeo on April 8, 2024, demanding that he makes the increased payment. Though Basdeo won the battle in court, the Finance Minister signed an order on July 30, 2024, stating that re-migrants are now required to pay the following rates: 5% Excise tax on vehicles of less than 1800cc, 10% on vehicles 1801-2000cc, 20% on vehicles 2001cc-3000cc and 30% on vehicles above 3000cc. The order also states that the Excise Tax (Amendment) Regulations 2024 shall be deemed to come into operation on September 1, 2023.
Notably, it was reported in court by GRAโs Counsel that the agency was within its right to charge the 30 percent since the Finance Minister had signed the regulations of July 2023 but it was not published in the Official Gazette or tabled as yet in the National Assembly.
Taking the foregoing into consideration, former Member of Parliament, Jaipaul Sharma said the July 30th Order can only be seen as a violation of the CJโs ruling.
โThe Minister of Finance or his senior can find themselves in contempt of Court, as this order basically nullifies the Chief Justice (acting) ruling, which can be seen as an act of disobedience or disrespect towards the judicial branch of the government, or an interference with its orderly process,โ said the party leader.
Sharma stressed as well, the established principle that laws cannot be retroactively applied. To make matters worse, Sharma reminded that it was this very government which said that the 2024 budget has no new taxes. โTherefore, this Order is in violation of this policy decision,โ he said.
Overall, Sharma said it is clear that the government has proven itself to be a โhumpty dumptyโ administration which the people cannot trust.
