05012017 business

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business@tribunemedia.net

MONDAY, MAY 1, 2017

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QC slams Blackbeard’s Cay’s ‘perverse conduct’

D’AGUILAR BLASTS NEW TAX EVASION CLAIMS AS ‘LIES’

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

* CLAIMS DEVELOPER USING LEGAL SYSTEM TO ‘OBFUSCATE’ * AND PREVENT ENFORCEMENT OF RULING TO SHUT IT DOWN * BUT COURT GRANTS DOLPHIN PRIVY COUNCIL APPEAL

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he Blackbeard’s Cay developer has been accused of “perverse conduct”, and exploiting the Bahamian legal system to prevent enforcement of a near three year-old ruling to shut down its $12 million project. Brian Moree QC, senior partner at McKinney, Bancroft & Hughes, argued that Blue Illusions Ltd was pursuing a Privy Council appeal over the ownership of the project’s dolphins simply to delay their return to his Honduran client. Mr Moree, who represents

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BRIAN MOREE the dolphins’ supplier, Instituto De Ciencias Marinas (IMS), alleged that previously-emphatic

Supreme Court and Court of Appeal rulings meant that the developer and its principal, Samir Andrawos, had little prospect of success with the highest court in the Bahamian judicial system.

And he added that the Privy Council appeal, together with four other Supreme Court actions launched by Blue Illusions fol-

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THE two ‘asset transfers’ necessary to effect Baha Mar’s sale to Chow Tai Fook Enterprises (CTFE) were “exempt from all relevant taxes”, including VAT and Stamp Duty, with the $4.2 billion project’s completion also escaping the 7.5 per cent levy until end-2019. The Heads of Agreement between the Government and the

* PROJECT’S TWO SALES ‘EXEMPT FROM ALL TAXES’ * CONSTRUCTION, FURNISHING VAT-FREE UNTIL END-2019 * BUT GOV’TS COMPLETION DEAL WITH BANK STILL SEALED Hong Kong-based conglomerate, signed on April 25, 2017, effectively confirm that the Christie administration has traded tax concessions for Baha Mar’s completion and $101.5 million payment to Bahamian creditors. Baha Mar’s ‘soft opening’ on April 21 seems to have triggered

both the Heads of Agreement’s completion and its public disclosure, which confirms that the mega-resort’s construction completion and furnishing is free of all VAT and import duties. “VAT (when applicable) would have been paid on all materials and services necessary for con-

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

struction and equipping of the project,” the Heads of Agreement’s ‘clause 8.1’ states. “In order to complete and open the project, the project company shall be eligible for exemption through December 31, 2019, from Value-Added Tax and all exemptions granted under the Hotels Encouragement Act and other legislation, including but not limited to, exemption from Customs duty in respect of all materials

DIONISIO D’Aguilar yesterday slammed fresh attempts to smear him as “lies, half truths and utter distortions”, following claims his Superwash business deliberately under-valued a shipment of imported washers by $100,000. The FNM’s Freetown candidate told Tribune Business that the latest attempt to portray him as an “habitual tax dodger” showed the governing Progressive Liberal Party (PLP), and particularly its chairman, Bradley Roberts, were “becoming more and more desperate” in their efforts to retain power. Mr D’Aguilar declined to respond directly to the ‘tax

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BAHA MAR ‘ASSET TRANSFERS’ VAT AND DUTY FREE By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

* BROKER UNDER-INVOICED $100K ON SUPERWASH BEHALF * $19K IN FINES PAID TO CUSTOMS DEPARTMENT * ROBERTS CLAIMS ‘HE’S HABITUAL TAX DODGER’

Chamber chief: Get financial guarantees from event organisers By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Bahamas must prevent future Fyre Festival-type debacles by demanding that event organisers post up-front financial guarantees, the Exuma Chamber of Commerce’s president is urging. Pedro Rolle told Tribune Business that he and other Exumians became suspicious one month ago that the much-hyped Fyre Festival, organised by hip hop artist, Ja Rule, and his technology entrepreneur friend,

* URGES PERFORMANCE BOND TO STOP FYRE FESTIVAL DEBACLES * EXUMIANS: FESTIVAL ‘DID NOT ADD UP’ OVER MONTH AGO * ‘VERY CONCERNED’ FOR ISLAND, NATION’S REPUTATION Billy McFarland, was “not adding up”. Mr Rolle said the level of on-site preparation in the

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Bahamas ‘can withstand’ Fyre Festival’s fall-out By NATARIO McKENZIE Tribune Business Reporter nmckenzie@tribunemedia.net and NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Minister of Tourism has expressed optimism that “the Bahamas’ brand will withstand any negative fallout” from the Fyre Festival debacle, amid increasing questions over how much his ministry knew before disaster struck. Obie Wilchcombe told Tribune Business on Friday that the outcome of the event, organised by hip

* MINISTER OPTIMISTIC NATION’S ‘BRAND’ STILL SAFE * QUESTIONS GROW ON WHAT TOURISM MINISTRY KNEW * MINISTRY SAID IT WAS ‘FESTIVAL PARTNER’ IN APRIL 3 RELEASE hop artist, Ja Rule, and his technology entrepreneur buddy, William McFarland, had been “unfortunate”. “We must appreciate that

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