07242018 BUSINESS

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business@tribunemedia.net

TUESDAY, JULY 24, 2018

‘Shooting in the dark’ over WTO’s impacts By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

T

HE private sector is “shooting in the dark” over World Trade Organisation (WTO) membership’s impact due to the absence of proper economic analysis, the insurance sector chair is warning. Emmanuel Komolafe, adding his voice to similar concerns already expressed, told Tribune Business it was impossible for industries to properly advise government on its negotiating approach - and accompanying legislation such as the proposed Fair Competition Bill - in the absence of research showing the likely consequences of WTO accession.

* Insurance chair: No analysis to ‘understand’ effects * Chamber chair: ‘We don’t want to rush this thing’ * Business must ‘walk and chew gum’ at same time

The Bahamas Insurance Association (BIA) chairman said the Competition Bill, which is presently being circulated for private sector consultation, needed to be forward-looking and account for the opening up of some industries to large foreign rivals post-WTO accession. Yet it was impossible to properly frame such legislation, Mr Komolafe argued, without the necessary data on how joining global trade’s rules-setting body will impact key sectors and local employment. “When it comes to legislation for the efficient operation of the market,

we have to look at what will happen; what the consequences of WTO accession will be,” the BIA chairman said in relation to the draft Fair Competition Bill. “We can’t understand this without a proper economic analysis showing the impact of WTO accession on sectors of the economy. Once we have such a study done, we will see the figures and the consequences that will flow. “In the absence of the economic impact studies, it’s almost shooting in the dark. I’m not just talking about the impact on government’s revenues. Opening up the market,

what impact will it have on insurance, banking, tourism and manufacturing. Without the analysis, we cannot speak to it.” Michael Maura, the Bahamas Chamber of Commerce and Employers Confederation’s (BCCEC) chairman, and the organisation’s trade and investment committee chair, Darron Pickstock, have both previously warned that the absence of any WTO impact analysis makes it virtually impossible for the private sector to properly inform the government on where it should set the “red lines” - what it absolutely must not give away - in the

accession negotiations. The chamber is now moving to conduct its own analysis on the private sector’s behalf. Mr Komolafe, meanwhile, pointed out that virtually all Bahamian companies would be considered micro, medium and small enterprises (MSMEs) in a global context. And accession to full WTO membership will now force some to go head-to-head against large foreign rivals for the first time. “We have to be mindful of that,” he told Tribune Business. “The discourse should not be limited to the ability of local businesses to compete with one another, but if the government is holding fast to the 2019 deadline for WTO accession, international competition should also be factored into the

EMMANUEL KOMOLAFE

[competition bill] framework. “This is bearing in mind that a business that is considered large in the Bahamian context will probably be classified in the MSME sector in a global context. This means that such businesses and MSMEs in the Bahamian context will struggle to compete in a global environment based on the current structure of our economy.” The BIA chairman added that the Fair Competition Bill must not stifle the private sector through overregulation and “red tape”, impeding normal commercial transactions such as mergers and acquisitions. “Another key

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Patron taxes a ‘major Ex-Senate president’s setback over concern’ for web shops Fox Hill committal for attorney By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

By NATARIO MCKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net THE twin five percent Stamp Tax levies on web shop patrons are a “significant concern” for operators, the Gaming House Operators Association’s chief executive said yesterday. Gershan Major told Tribune Business that while it was difficult to determine the financial impact of the taxes until they are enacted next month, the industry feels they will deter Bahamians from gaming with the same frequency and spend. “It is a significant concern. We don’t know what the true effect will be until it is enacted, but it is a certainly a concern. We will have to wait until we see a trend analysis to make a definitive determination,” Mr Major said of the two stamp tax impositions. Patrons will pay the five percent levies on deposits and over-thecounter (ORTC) lottery sales. Christiansen Capital Advisors, in a study commissioned by the Association, predicted that they will suck between $13.3m and $19.9m annually from the pockets of Bahamian gaming patrons and alter consumer behaviour. Mr Major added that the government is still

GERSHAN MAJOR coming to terms with the complexity of the web shop industry, as indicated by its decision to spend imposition of the Stamp Tax until mid-August. Dionisio D’Aguilar, minister with responsibility for gaming, told Tribune Business that the delay in imposing the tax on customer deposits and overthe-counter (OTC) lottery sales stemmed from the need to “re-certify” web shop systems and games. He explained that the recertification was a direct consequence of imposing the twin five percent levies, as this means all web shop computer platforms, games and payout ratios now have to be adjusted to incorporate the new tax. These changes must be

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AN EX-SENATE president has suffered a setback in her bid to collect a $186,809, eight year-old debt from a fellow attorney by having her sent to Fox Hill Prison for 21 days. Acting Appeal Justice, Milton Evans, has “stayed” a Supreme Court ruling that found Debra Rose in “contempt of court” for failing to comply with an August 10, 2015, judgment requiring her to settle monies owed to Lady Sharon Wilson, wife of Sir Franklyn Wilson. The “stay” was granted on the basis that Ms Rose’s main appeal “had a good chance of success”, given that Lady Sharon had failed to provide evidence

* ANNA NICOLE MUM LAWYER OVERTURNS PRISON ORDER * LADY SHARON WILSON SEEKS $187K * COURT: NO EVIDENCE OF ‘WILLFUL’ BREACH

showing she had breached the Debtors Act. This requires proof that a person has the means to settle the debt, but has “willfully” refused to do so, before they can be committed to prison for contempt of court. Acting Justice Evans ruled the absence of such evidence was sufficient to keep Ms Rose from the three-week stay at Fox Hill that was ordered by the Supreme Court on January 15, 2018.

That ruling, by Justice Ian Winder, was itself “stayed” for 60 days to enable Ms Rose, who represented the late Anna Nicole Smith’s mother in the now-famous 2007 court battle over custody of her granddaughter, “to purge her contempt”. Instead, Ms Rose and her attorney, Bahamas Bar Association president, Khalil Parker, used the time provided to lodge an appeal against the committal order on the basis that there had been no “willful contempt” in the absence of any proof she had the means to settle the debt.

LADY SHARON WILSON

Noting that the $186,809 “has still not been paid”, Acting Justice Evans said there was “no dispute” that the initial judgment was outstanding. “It is also not disputed that the appellant [Ms Rose] has failed to pay the said sum to the respondent [Lady Sharon],

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Tax ‘best practice’ may have avoided 12% VAT By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE Chamber of Commerce’s chairman yesterday gave his backing to the concept of adding real property tax to utility bills as a means of achieving “best practice” on compliance levels. Michael Maura told Tribune Business it was “more than likely” that the government would not have had to increase VAT to 12 percent if The Bahamas been in line with global tax collection and enforcement standards. Real property tax is widely recognised as the government’s worst

* CHAMBER CHAIR BACKS PROPERTY TAX ON UTILITY BILLS * SAYS BETTER ENFORCEMENT LEADS TO LOWER RATES performing tax, with just 22 percent of full-year revenues for 2017-2018 collected by the mid-year budget, leading the Minnis administration to mull creative collection methods that could boost compliance while also making it easier for taxpayers to pay. “I think that’s a positive step in the right direction,”

MICHAEL MAURA Mr Maura told Tribune Business of the idea to turn real property tax into a monthly payment - rather than a year-end lump sum - by attaching it to taxpayers’ utility bills. “I believe it can bring a level of efficiency to government as well as improve the government’s effectiveness in tax collection.

“Governments have struggled with compliance, and they’ve struggled with identification. I think introducing a programme which brings greater transparency and monitoring should result in a more efficient tax collection process. “We need government to be as effective and efficient a tax collector as possible,” the chamber chairman continued. “My assumption is that the better they are at assessing and collecting tax, the smaller the tax rate needs to be. “If you don’t have a portion of the tax not paid by persons circumventing the

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‘Greater risk’ for insurers if 90-day cover eliminated By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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ELIMINATING 90-day “cover notes” will fail to curb uninsured drivers while increasing the risk faced by insurance companies, the Bahamas Insurance Association’s (BIA) chair warned yesterday. Emmanuel Komolafe told Tribune Business there was a mistaken belief that the number of uninsured drivers on Bahamian roads would decrease if insurers stopped issuing such notes as a way to manage

premium receivables. Obtaining 90-day “cover notes” to enable a driver to pass the annual Road Traffic vehicle inspection, only to cancel coverage without paying the full premium, has become a common practice among many Bahamians. It has led to a situation where some in the insurance industry believe up to 40 percent of drivers on the nation’s roads lack the necessary coverage. While some have called for the industry to cease issuing “cover notes” as a means to combat the problem, Mr Komolafe said doing so would create “far

greater risk” for the insurance industry. He explained that the only alternative open to the sector would be to issue clients with the full Certificate of Insurance, thereby opening up the possibility for drivers to escape paying the full premium and drive around undetected for a whole year. “You can’t licence your vehicle without having some type of insurance; you have to present a 90-day cover note or Certificate of Insurance,” the BIA chairman explained. “A lot of times people take out insurance and subsequently

cancel it. It happens often. People may argue that if you discontinue the 90-day cover note it may address the problem [of non-insurance] but it won’t. Here’s why. “Ninety-day cover notes are issued when clients are unable to pay premiums at once, so they enter into financing agreements. It’s a way to manage receivables through agents and brokers as long as you have the challenge where persons are unable to pay their annual premium at once. “If you provide them

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