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Revised Laws of Saint Lucia (2022)

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51. Preferential claim to assets

(1) From the date on which tax becomes due and payable under this Act and until the tax is paid, the Comptroller has a lien upon —
1. (a) the assets of the person liable to pay the tax; and
1. (b) any asset of a related person if the Comptroller reasonably believes that the person liable to pay the tax legally owns the asset and transferred the asset to the related person in order to avoid the payment of tax.

(2) The lien described in subsection (1) is not valid against the interest of a person who is a purchaser from the taxpayer or a holder of a security interest in the property, if the person's ownership of or other interest in the property arises —
1. (a) before the person has actual knowledge of the lien; and
1. (b) before notice of the lien has been duly registered by the Registrar.

(3) Where a person is in default of paying tax, the Comptroller may by notice in writing, apply to the Registrar of the High Court or the Registrar of Lands to register a security interest in any fixed assets, which are owned by that person, to cover any unpaid tax in default, together with any expense incurred in recovery proceedings.

(4) Where the Comptroller has made an application under subsection (3), the Registrar of the High Court or the Registrar of Lands shall register the notice of security without fee, as if the notice were an instrument of mortgage over or charge on, as the case may be, such asset, and such registration operates while it subsists, subject to any prior mortgage or charge, in all respects as a legal mortgage over or charge on the asset to secure the amount due.

(5) Where the Registrar of the High Court or the Registrar of Lands registers a security interest referred to in subsection (4) the Registrar shall notify the owner of the property, within 15 days of such registration that the security interest has been registered.

(6) The Comptroller shall serve a copy of the notice referred to in subsection (4) on the person in default and that person may pay the tax in default and have the notice removed.

51. Preferential claim to assets

2. Interpretation

3. Fair market value

5. Supply by agent or auction

6. Taxable activity

7. Powers and duties of the Comptroller

8. Secrecy and oath of secrecy

9. Imposition of tax and persons liable

10. Rate of tax

11. Taxable person

12. Registration

13. Registration procedure

14. Cancellation of registration

15. Registered person to recover tax from person supplied

18. Time of supply

19. Place of supply

20. Value of supply

22. Calculation and collection of tax on import of goods

23. Time of import of goods

24. Value of import of goods

26. Time of import of services

29. Tax payable for tax period

32. Post-sale adjustments and bad debts

33. Interest on unpaid tax

34. Tax invoices and sales receipts

35. Tax credit and debit notes

38. Extension of time

39. Assessments

40. General provisions relating to assessments

42. Appeals to Appeal Commissioners

43. Appeal to the High Court

44. Appeal to the Court of Appeal

45. Burden of proof

46. Due date for payment of tax

47. Allocation of payments

49. Recovery of tax from persons leaving Saint Lucia

52. Seizure of goods and vehicles

53. Distress proceedings

54. Recovery of tax from recipient of supply

55. Recovery of tax from third parties

56. Duties of receivers

57. Carry forward of excess credits and refund of tax

58. Interest on overpayment

60. Persons acting in a representative capacity

61. Power to appoint representatives

62. Directors of corporations

63. Officers of unincorporated bodies

64. Partnerships or unincorporated associations

65. Death or insolvency of taxable person

67. Branches or divisions

68. Meaning of records

69. Record-keeping

70. Notice to obtain information or evidence

71. Liability to cost

72. Access to records, computers and goods

74. Time limit for proceedings to be taken

75. Tax evasion

76. Impeding tax administration

77. Offences by tax officers

78. Offences by companies, aiders and abetters

79. Collection of tax by non-registered persons

80. False or misleading statements

81. Other offences

82. General penalty

84. General provisions

86. Failure to register or display certificate

87. Failure to notify Comptroller

88. Tax invoices etc.

89. Failure to file return

90. Failure to comply with notice of recovery of tax

91. Failure to keep records

92. Failure to provide facilities and assistance

93. Failure to comply with notice to give information

94. Non-compliance with price quotation requirements

95. Temporary closure of business premises

96. Publication of names of defaulters

97. Taxpayer identification number

98. Forms and notices and authentication of documents

99. Service of notices

100. Tax-inclusive pricing

101. Schemes for obtaining tax benefits

102. Currency conversion

103. International agreements

104. Registration of certain goods prohibited in certain circumstances

105. Auctioneer and agent

106. Regulations

107. Variation of consideration on a change in rate

108. Application of increased or reduced rate

109. Amendment of Schedules

110. Remission of tax

112. Transition

113. Exemption in another law

16. Zero rated supply

17. Exempt supply

21. Exempt imports

25. Import declaration and payment of tax for importation of goods

27. Value of import of services

28. Import declaration and payment of tax for importation of services

30. Input tax deduction

31. Input tax deduction allocation and disallowance rules

59. Others eligible for tax refund

73. Sanction for prosecution

83. Compounding of offences

48. Recovery of tax as debt due