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TUESDAY, AUGUST 21, 2018
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Ginn developers eyes tenyear VAT ‘deferral’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net THE $2.8bn developer of the former Ginn project may be in line for a tenyear VAT “deferral”, two decades of property tax breaks and “special fuel concessions”, according to leaked papers. A draft copy of the Government’s heads of agreement with Skyline Investments discloses the now-standard “taxes for jobs” trade-off in return for the developer creating 1,395 permanent posts and 1,025 in the construction phase. KP Turnquest, deputy prime minister, and other Cabinet members did not respond to messages seeking comment yesterday, but a well-placed source familiar with the project in Grand Bahama’s West End indicated it was a genuine document by confirming it corresponded with the incentives the Torontobased developer had been seeking. “Those things, that subject matter, would definitely be on the radar,” the source, speaking on condition of anonymity, said. “Those things will definitely be part of the discussion, and I knew they were on the radar. All those items were discussed. “A lot of the things you mentioned were part of the [original] Ginn agreement. The new twist was going to be VAT, and I knew they [Skyline] would like to get the same thing Baha Mar did.” The draft document is not signed or dated, and it is likely to have been tweaked further prior to any signing. Tribune Business understands that the Government has undertaken “painstaking due diligence” on the heads of agreement, with the clauses reviewed by multiple persons, amid its anxiety to avoid a repeat of the Oban Energies debacle. Another contact familiar with developments, and speaking on condition of anonymity, suggested the Government may have quietly signed the Skyline agreement as much as four weeks’ ago, but that could
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BTC revenue revival after 10k client loss By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
T
HE Bahamas Telecommunications Company’s (BTC) owner is targeting a 2018 second half turnaround for its slumping top line, after it lost another 10,400 mobile customers due to “competitive intensity”. Balan Nair, Liberty Latin America’s (LiLAC) chief executive, told analysts on a conference call to “check back in two quarters” as the communications provider looks to a new management team to halt the decline in BTC’s revenues. He said the latest executive line-up, headed by Garry Sinclair, a Jamaican, had a “top line growth mission” as part of LiLAC’s “second phase” plans for BTC following years of cost-cutting and staff downsizing. Mr Nair’s comments came after BTC lost a further 10,400 mobile subscribers during the three months to end-June 2018, although this was said to represent a near-60 percent decline on the attrition experienced during the same period in 2017. The incumbent carrier
* Owner targets 2018 second half turnaround * Tells analysts: ‘Check back in two quarters” * Mobile customer attrition down near 60%
A DAMAGES award of $9.67M has been upheld against the Bimini Bay resort’s original developer over its demolition of a tenant’s beach club in defiance of a Supreme Court order. The Court of Appeal, in a 2-1 majority verdict, reinstated $6.8m in “general damages for consequential loss” that had been awarded to Therapy Beach Incorporated for the loss of its bar and restaurant facilities at the Bimini-based resort. Gerardo Capo’s RAV Bahamas and Bimini Bay Resort Management entities had successfully appealed to the Supreme Court against this aspect of the damages, which were initially awarded by retired Supreme Court justice,
Owning home ‘impossible for some’ after hike
By NATARIO MCKENZIE
Tribune Business Reporter
nmckenzie@tribunemedia.net
GARRY SINCLAIR lost some 24,000 mobile customers during the 2017 second quarter, and its latest figures indicate that Aliv continues to steal market share and business following its aggressive market entry in November 2016. “In The Bahamas, competitive intensity continued to drive subscriber declines totalling 10,000 in the second quarter as compared to a loss of 24,000 in the 2017 second quarter,” confirmed BTC’s immediate parent, Cable & Wireless Communications (CWC),
BTC headquarters on JFK drive. which is now owned by LiLAC. A breakdown provided by LiLAC shows BTC lost 10,000 pre-paid, and 4,000 post-paid, subscribers during the 2018 second quarter. This leaves the carrier, which is 49 percent owned by the Government, with 240,700 customers the bulk of which, some 89 percent, consist of 214,700 pre-paid customers. Post-paid mobile users, who typically represent the more lucrative and high net-worth market, account for just 11 percent or 26,000
of BTC’s subscriber base. Given that LiLAC showed BTC as having 315,000 total mobile customers when Aliv launched, this indicates the incumbent has lost almost 24 percent - nearly one in four of its subscribers - since competition arrived. Such pressures resulted in a 14.8 percent year-overyear drop in BTC’s total 2017 revenues, which fell from $306.6m in 2016 to $261.3m last year. The latter figure is almost $100m
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$10m damages against Bimini developer upheld By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
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* Capo faces reinstated $6.8m award * Defied court order on Beach Club demo * But ex-CJ blasts ‘manifestly unfair’ sum Cheryl Albury. She acted as arbitrator in the developer’s dispute with Therapy Beach, but Justice Ian Winder remitted 70 percent of the damages award back to retired justice Albury for “reconsideration” on the basis that a “serious irregularity” had occurred in determining the $6.8m. But Therapy Beach, whose principal is Miamibased entertainment owner/promoter, Garrick Edwards, persuaded Appeal Court president, Sir Hartman Longley, and appeal justice Jon Isaacs, to find that the Supreme Court had failed to show any irregularities resulted
in “substantial injustice” to Mr Capo and RAV Bahamas - as required under the Arbitration Act. The developer’s only ally at the Court of Appeal hearing was acting justice Sir Michael Barnett, who blasted the $6.8m award as “manifestly unfair and ambiguous” given that Therapy Beach and Bimini Bay had agreed in the original lease that the former would incur a “maximum estimated loss” of $7,500 per month if the Beach Club was to close. He found that “the sum is so high that no arbitrator acting reasonably could properly have come” to such a conclusion,
suggesting that ex-justice Albury must have included factors “she ought not to have taken into account” in calculating the award. Yet the majority Court of Appeal verdict represents a triumph for Mr Edwards and Therapy Beach in their five-year legal battle with Mr Capo and RAV Bahamas following the demolition of their business, trading as Sakara Beach Club, in July 2013. Sir Michael, as the thenchief justice, had already heard the Bimini Bay developer’s claims that Therapy Beach’s December 31, 2011, lease was “null and void”,
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THE VAT rate increase has made home ownership “almost impossible for some and a lot harder for others”, a prominent developer said yesterday. Franon Wilson, pictured, Arawak Homes president, told Tribune Business: “From where we sit right now, the demand for home ownership is very strong. The change in VAT is a challenge for a lot of people in that some persons are no longer able to qualify. “There are others who were initially able to get a home in a certain area at a certain size, but may now have to look at a smaller home in another area. There is also the fact that developers are still no longer able to claim their input credits. That would have an effect on the cost of a home. As a result, that now has to be added to the cost when we purchase the property and will increase the price of homes moving forward.” While the 60 percent hike in the VAT rate will raise construction costs, the government has also decided to revert to the old real estate transaction tax structure going back to ten percent stamp duty from the previous 7.5 percent/2.5 percent split between duty and VAT. Mr Wilson, a former Bahamas Real Estate Association (BREA) president, continued: “We are optimistic. Demand is strong notwithstanding what people are faced with relative to VAT. People are now being forced to make some decisions they wouldn’t ordinarily have to. “We can say for sure the change in VAT rate has definitely made home ownership not possible for a lot of people, and harder for others, because of the fact that many no longer qualify for as much as they did. “Some people are forced to build smaller homes as some areas have restrictive covenants where your home has to be a certain size. That has forced some people to look at having to sell their property and go and build somewhere else. These are real issues that people are having to deal with.”
Inside the BPL board break-up By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net BAHAMAS Power & Light’s (BPL) Board split was sparked by disputes over generation technology for the new, low-cost power plant and executive appointments, Tribune Business can reveal. The increasingly bitter row, which led to the former Board’s dissolution after it fractured into two factions, pitted former chairman, Darnell Osborne, and fellow directors Nicola Thompson and Nick Dean, against chief executive Whitney Heastie and ex-vice chairman, Patrick Rollins. While the latter two were backed by Desmond Bannister, the minister of works who has responsibility for
DARNELL OSBORNE
WHITNEY HEASTIE
DESMOND BANNISTER
BPL, Mrs Osborne and her group found an ally in the energy monopoly’s two unions - the Bahamas Electrical Workers Union (BEWU) and Bahamas Electrical Utility Managerial Union (BEUMU). All parties to the dispute have danced around the real reasons for the debacle, but Tribune Business can disclose that Mrs Osborne
was infuriated by Mr Bannister’s decision to appoint Mr Rollins as an executive director. Mr Bannister, in explaining the move to Tribune Business in late July, said: “We thought the new chief executive needed some assistance in certain areas, and guidance from somebody with the kind of expertise Mr Rollins
has. Mr Rollins is an engineer by training, and former fraud control manager at BTC. “He was the most appropriate person, and someone we have tremendous confidence in for critical control areas that are very important to BPL, particularly now.”
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