And according to Senior Counsel Marshalleck, the Government's zeal to detect possible tax evaders has caused them to implement this policy where the Commissioner of Stamp Duties challenges the stated price of lands being sold.
Here's how he asserted that the case of G A Roe and Sons Limited is not an isolated instance and that other Belizeans have been unfairly overcharged - to the tune of millions of dollars - for stamp duties in connection with their land purchases:
E. Andrew Marshalleck, SC
"Over the last - I'd say - 6 to 8 years, there's been an official policy, no less of revaluing and valuing all transactions with a view to gaining more revenue for the government. It has been an absolutely misguided policy, and it has been informed by the notion which you advanced earlier that the majority of transactions being lodged are somehow being lodged fraudulently at under-values when I don't think that was ever the case. The power of the Commissioner to re-value lands, or to rely on evidence of valuations in order to charge stamp duties has always existed in this country, but it has always been exercised sparingly. Over the last 6-8 years, it has been automatic so that even in the face of a sale by public auction by a bank to a very reputable company, you have revaluations, and it is being treated as if there's not a true reflection of market value in the transaction, which is completely not impugned or unassailed in any way. A straight, above-board transaction and you treat it as if it is an understatement of consideration by some 2 and a half times. I understand that the Government realized 10s of millions of dollars off its practice of re-valuing these instruments for tax purposes, and have benefited handsomely from this practice. It turns out that that practice is unlawful. So, I think the logical question for most Belizeans is whether or not any of this will be returned to them, these monies that were wrongfully taken from them."
Reporter
"So, you're saying that this opens the door for those other aggrieved parties to question if it happened when that policy was in place?"
E. Andrew Marshalleck, SC
"Well, if taxes are being unlawfully charged and collected, there is no basis for keeping those monies."
