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MONDAY, MARCH 15, 2021
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seize Sarkis’ Family in decade-long ‘We’ll damages if he wins’ property tax nightmare By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
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LONG Island property owner and his family yesterday voiced optimism that their decade-long battle to settle disputed real property taxes may finally be drawing to a close. Freddie Jones told Tribune Business there suddenly appeared to be “some movement” by the Department of Inland Revenue (DIR) after his efforts to resolve a five-fold difference in the valuation of their properties had been met with a two-year silence. The outreach by Gaynell Rolle, the Department of Inland Revenue’s acting controller, came after this newspaper started making inquiries over Mr Jones’s complaint that his “good faith” efforts to agree a settlement with The Bahamas’ main tax collection agency were not being reciprocated. The New York state native’s assertions were
• Say finally ‘movement’ by tax authority • Silence met ‘good faith’ settlement efforts • Collector: Most ‘egregious’ case I’ve seen backed by Kevin Brennan, principal of RPT Recovery Authority, a US-based company that until 2019 was contracted by the Ministry of Finance to pursue overseas-based real property tax delinquents. He described the plight of Mr Jones and his two sisters as being “as egregious as any that I’ve seen” in terms of the Department of Inland Revenue’s failure to properly engage with a property owner who was willing to settle and pay a significant sum in tax at a time when the Public Treasury needs every cent of revenue it can get following Hurricane Dorian and COVID-19. Confirming that Ms Rolle had contacted him, and mentioned that his sisters would be eligible for a 100 percent waiver on the outstanding penalty charges if they pay the outstanding
Harbour Island resorts oppose cruising plans By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net HARBOUR Island resort operators yesterday warned the government it will hurt “the goose that laid the golden egg” if they try to make the island a cruise tourism destination. Tom Sherman, owner and partner in the Coral Sands resort, told Tribune Business that making Harbour Island a weekly port of call for Crystal Cruise on its 16 seven-night voyages between July and October threatened to undermine the very essence of the island’s tourism model. Besides an infrastructure that was unable to cope with the up to 900 passengers aboard the Crystal Serenity, Mr Sherman said the absence of mass market cruise tourism was one of the very reasons that had enabled Harbour Island to build up its high-end client base of boating visitors, hotel guests vacation renters and property owners in the first place. Warning that this was now being endangered, he told this newspaper: “There’s no infrastructure to support the amount of people coming ashore. There’s not even a dock that’s acceptable. There’s no public bathrooms. There’s multiple reasons it’s the wrong thing for the island. “The island is an attraction because we’ve not had
cruise ships. Somebody’s trying to change the landscape. It might be good for Nassau, but not for Harbour Island. I think it was a shortsighted decision whoever made it. “You cannot make an Out Island a major island. You cannot make a little Out Island, what they call the jewel of The Bahamas, a cruise ship destination,” Mr Sherman continued. “I don’t understand what the minister of tourism [Dionisio D’Aguilar] and the Prime Minister are thinking. “I understand there’s the economic needs of the country, but if they shoot the goose that laid the golden egg they’ll be hurting themselves..... It’s not particularly good news for us who have investments in Harbour Island, no.” Mr Sherman’s concerns were echoed by Benjamin Simmons, proprietor of The Other Side and Ocean View properties, who said that while he understood the urgency to revive the tourism product in COVID-19’s wake the cruise ship model was not aligned with Harbour Island’s high-end positioning. “I understand that the economic climate is such that the government has to embrace any and all options to regenerate commercial activity,” he told Tribune Business. “I would say I would be slightly
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principal, Mr Jones acknowledged he was likely not a high priority given that the total taxes being demanded total around $108,000. However, arguing that “I’ve got to believe there are others just like us, he added that his family have set aside “a significant sum” in escrow that will be used to pay the real property tax provided the Department of Inland Revenue is finally prepared to agree what he described as a “reasonable” settlement. Mr Jones, describing how he and his family arrived at their Bahamas impasse, said they had been on a near ten-year journey of “frustration, anger and sadness” via their dealings with multiple senior government officials after they themselves alerted the Ministry of Finance and its agencies to potential tax
liabilities and issues with their properties. He revealed that his family’s association with Long Island began in the 1960’s when his father’s cousin was one of the original developers of the Cape Santa Maria property. His family started visiting the island in the late 1960s, and Mr Jones said they were twice-yearly visitors from the moment he was born in 1970. His family acquired lots at Cape Santa Maria, but ultimately their properties were in the way when a new developer took over the resort. To solve the problem, Mr Jones said they “struck a deal” whereby he and his two sisters agreed to exchange the family’s real estate parcels for lots B-24, B-25 and B-26 on nearby Galliot Cay in a 2002 arrangement that was
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BAHA Mar’s receivers have threatened to claim any damages awarded to Sarkis Izmirlian if he wins his battle with China Construction America (CCA) so they can repay $1bn to the project’s lender. Darach Haughey, the Hong Kong-based accountant who was appointed as one of the project’s three receivers, argued in a July 30, 2020, affidavit that previous guarantees given by the original developer and his Baha Mar Properties vehicle meant they “could be entitled to claim the proceeds of any judgment” that Mr Izmirlian wins in the New York State Supreme Court. He based this assertion on the fact that Baha Mar Properties pledged its shares in Baha Mar Ltd, the company ultimately placed into receivership, as security for the initial $2.45bn construction loan advanced by China Export-Import Bank. The Chinese state-owned lender that appointed Mr Haughey and two others, including Raymond Winder, then-Deloitte & Touche (Bahamas) managing
Receivers: $1bn owed to Baha Mar lender
SARKIS IZMIRLIAN partner, as receivers for the Cable Beach-based resort project following the illfated Chapter 11 bankruptcy protection bid launched by Mr Izmirlian in 2015. Although the mega resort was subsequently completed and is now under different ownership, Mr Haughey said the China ExportImport Bank has “not given up its rights” on collecting some $954.122m that it claims Baha Mar and Mr Izmirlian still owe it. And, with Mr Izmirlian’s claims against CCA involving alleged breaches of the Chinese state-owned contractor’s obligations towards
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