Revised Laws of Saint Lucia (2021)

5.   Payment of tax by registered manufacturers

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    (1)   Where excise tax is imposed by this Act on goods sold in Saint Lucia or removed from a warehouse, the registered manufacturer who sold the goods or removed them from a warehouse shall pay the tax to the Comptroller not later than 21 days after the end of the month during which the goods were so sold or removed.

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    (2)   Spirits shall not be removed from a warehouse for any purpose unless the person who intends to so remove the spirits has, before so removing the spirits—

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      (a)     paid the excise tax payable on the spirits; or

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      (b)     entered into a general bond, with security in an amount approved by the Comptroller.

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    (3)   Where a person who intends to remove spirits from a warehouse has entered into a general bond referred to in subsection (2)(b), but the total of—

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      (a)     the excise tax on those spirits; and

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      (b)     the excise tax payable by the person on all other spirits removed from a warehouse that remains unpaid,

exceeds the amount of security under the general bond referred to in subsection (2)(b), the person referred to in that subsection shall pay the excise tax on the spirits that he or she intends to remove from the warehouse before they are so removed.

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    (4)   A registered manufacturer who defaults in paying any excise tax payable by him or her by the day prescribed by subsection (1) or (3) shall pay, in addition to the amount of tax in default—

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      (a)     a penalty equal to 10% of the amount of tax in default; and

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      (b)     interest at a rate prescribed by order, made by the Minister for each month or part of a month during which the tax remains unpaid.

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    (5)   Where the Comptroller, under section 7(4), extends the time within which a return of a registered manufacturer shall be filed—

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      (a)     any excise tax that the registered manufacturer is required to report in the return shall be paid within the time so extended;

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      (b)     interest is payable under subsection (4) as if the time for filing the return had not been extended; and

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      (c)     the penalty under subsection (4) on any excise tax that the registered manufacturer is required to report in the return is payable only if the tax is not paid within the time so extended and shall be calculated only on the amount of tax that is not paid within the time so extended.

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    (6)   Subsection (5) does not apply in respect of excise tax that a person is required to pay in accordance with subsection (3).