11 days ago, you heard what Prime Minister John Briceno had to say at the House about his government's decision to legislate a 12.5% lottery tax on Boledo, lottery, and jackpot. According to the PM, with this tax, his government is getting its hands on millions of dollars in lost tax revenues, which the Barrow Administration didn't seek to collect.
The tax is officially known as the Lotteries Control (Amendment) Regulations of 2022. And now, Brads Gaming Company is challenging the new law - and their attorney is former PM, Dean Barrow. The case went to the Supreme Court yesterday for its first hearing before Justice Lisa Shoman.
A few preliminary procedural matters were broached yesterday in a virtual hearing. Brads seeks to stop this proposed taxation through a judicial review claim.
If they first get leave for judicial review, Brads Gaming will then have to convince the judge that the change in regulations "…will have the effect of taxing the company out of business," as they claim in their May 18 press release. The claimants also insist that this attempt to force them out of business "is designed" that way specifically and "is motivated by a political agenda."
The government is being represented in this lawsuit by Trinidadian Queen's Counsel Douglas Mendez. He will have to convince the judge why the court should refuse to grant the claimants leave to bring their judicial claim and an interim injunction.
Sources tell 7News that Brads Gaming Group and their attorney have asked the court to consider an interim relief to restrain the government from attempting to collect taxes from them under the new law.
Brads has already gotten an undertaking from the authorities to hold off on the first payment which was due on May 16th. We are told that the tax office has agreed in principle to hold off on collection until the case progresses.
The case will have its first full hearing on June 16, and we'll tell you all about it in our subsequent newscast.
