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54.   Set-off or write-off of debt, claim, settlement

Revised Laws of Saint Lucia (2021)

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54.   Set-off or write-off of debt, claim, settlement

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    (1)   Subject to this section and on a case-by-case basis, the Minister may, by an affirmative Resolution of Parliament, write off losses of public monies, public assets or other moveable property belonging to the Government or provided for the public service, or abandon or remit a claim by or on behalf of the Government or a public service provided where, the amount is $10,000 or more.

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    (2)   The Permanent Secretary in the Ministry responsible for finance may, with the approval of the Minister —

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      (a)     set-off the whole or part of the amount due by a tax payer to the Crown against a sum due to the tax debtor by the Crown if the Government holds, controls, has custody of, or has monies belonging to a tax debtor and is due to make a payment to the tax debtor;

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      (b)     write-off losses of public monies, stores or other movable property belonging to the Government or provided for the public service, or to abandon or remit a claim by or on behalf of the Government or a public service where the amount exceeds $5,000.

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    (3)   The Director of Finance may write-off losses of public monies, stores or other movable property belonging to the Government or provided for the public service, or abandon or remit any claim by or on behalf of the Government or any public service provided where the amount in a case does not exceed $5,000.

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    (4)   Notwithstanding subsections (2) and (3), where the loss is or prima facie appears to be, on account of theft, fraud, embezzlement or other like act, there shall be no set-off, write-off of the loss unless Parliament, by an affirmative Resolution approves the same.

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    (5)   A write-off or set-off under this section shall be notified immediately to the Accountant General and the Director of Audit.

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    (6)   An amount paid for write-off for false claims or misrepresentation of facts is recoverable.

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