Property Tax bill goes to House; COP plans legal challenge

The House of Representatives begins debate Friday on the controversial Property Tax Bill in Trinidad and Tobago, with the government hoping to take a vote on it by the end of the day and passing it in the Senate by December 29.

The haste to conclude it is to ensure that the new tax could take effect on January 1, 2010. The government has promised that it would give homeowners a grace period of up to nine months to pay the tax.

The opposition United National Congress (UNC) is strongly opposed to the measure but since it requires a simple majority, the government will have its way.

But even before the debate begins, the country's other major opposition party is threatening legal action to stop the tax.

Congress of the People (COP) deputy political leader, Prakash Ramadhar, met Thursday with Finance Minister Karen Nunez-Tesheira at the Eric Williams Financial Complex and told reporters after the talks that his party will consider going to court over the tax.

He said, “It is our view that if this legislation should pass with a mere majority that it will be subject to a constitutional challenge in the courts of Trinidad and Tobago. Having perused it, it is obvious to us, that the Parliament will require a special majority to pass the legislation.”

Ramadhar said he appealed to the minister not to proceed immediately with the bill before having a second look and getting feedback through public consultations. But he said his attempts to get her to change her mind were futile.

“The minister replied that we are entitled to our views and they are entitled to theirs, that’s what a democracy is all about,” he told reporters.

Ramadhar said all citizens have the right to appeal the assessment of any property tax and noted that at the present time it take an average of two years to resolve a matter with the tax Appeal Board.

He suggested that it would be interesting to see what would happen if “100,000 of our citizens appeal any assessment that they get in March."

Ramadhar said one clause in the bill provides for the President "to issue a writ for the seizure of property for non-payment of the tax. That, he said, is unconstitutioal since it violates an individual's right to ownership.

“This is an infringement of your constitutional rights under Sections Four and Five of your right to the enjoyment of property without due process," he explained.