Businessman accuses GRA of procrastination over compliance

Feb 09, 2017 News

…threatens legal action

Berbice businessman and contractor, Peter Lewis, of Associated Construction Services, 23 ‘A’ Campbell Street, Hampshire, Corentyne, Berbice, is accusing the Guyana Revenue Authority (GRA) Berbice Branch of procrastination, and of unnecessarily using its authority to spite and deprive persons of earning legally.
The businessman through the legal firm, Anamayahs Law Offices, has threatened to take legal actions against the GRA if his tenders are not successful. He is claiming late production of his compliance.
In a letter address to the Chairman of the Central Tender Board in Georgetown, Mr. Lewis is stating that he bid for four projects: Upgrading of Farm Access Road at Golden Grove, East Coast Demerara; Construction of Timber Bridge at President’s College; Upgrading of Roads at No. 76 Village, Corentyne, Berbice; and Upgrading of Roads at Perseverance, East Bank Demerara.
The letter states that the Guyana Revenue Authority has implemented a host of new demand/requirements.
Lewis said that Associated Construction Services complied with all of the new stipulations and requirements put forward by the GRA. Yet his company was not granted a compliance certificate until a legal notice was served on the GRA.
The letter stated, “My client was issued with a Certificate of Compliance in July 2016; it expired on December 31, 2016.
“In 2017 my client was issued a Certificate of Compliance on the 10th of January, 2017, which expired on the 31st of January, 2017. When he questioned the logic of issuing only a one-month compliance, he was assured that a new compliance would be issued within three working days.
The company is contending that there was something fishy, because such action was never taken before, especially for companies that pay all their taxes in full.
The company applied for a new Certificate of Compliance on February 1, 2017 and was told to uplift the document on February 3, 2017.
“However on the 3rd of February, 2017 at about 15:30 hrs my client’s agent was informed that the Compliance was not ready.”
“On Monday the 6th of February, 2017, my client’s agent was belated informed by the operatives of the GRA in New Amsterdam that late payment penalties were outstanding for the years 2014 and 2016, and amounted to $38,977. This they insisted had to be paid before the Compliance could be issued. This was promptly paid.”
However to the company’s surprise at 15:45 hrs, Lewis, the head of the company, was informed that PAYE for December 2016 was outstanding. This was immediately disputed, since the PAYE for December, 2016 was paid on January 23, 2017.
A copy of the receipt was duly sent to GRA. However the GRA operatives were adamant that payments were not made, despite Lewis having the record and receipt to show that the PAYE was paid. GRA kept insisting otherwise and maintained and that it needed to verify same.
The letter to GRA continued, “As a result of the bureaucratic blundering of the Guyana Revenue Authority and the incompetence of the officers the company was not issued with the requisite Certificate of Compliance, and therefore cannot submit same along with the tender documents through no fault of his.”
“In the circumstances, my client is politely requesting that his tender be accepted pending the submission of the Compliance.
“My client has instructed me to institute legal proceedings against the Guyana Revenue Authority if his tenders are not accepted. The cost would be to the value of the tenders.”
After all the undue delays, a full letter of Compliance was issued by the said GRA office to the Company, hours after the legal document was delivered to the company.
The letter was copied to the Commissioner General of the Guyana Revenue Authority, Camp Street, Georgetown, Demerara and the Supervisor of the GRA, New Amsterdam Branch.

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