Arrangement of Sections

1 THE PROPERTY TAX ACT, 2009 Arrangement of SectionsPART IPRELIMINARYS ection1. Short title2. Commencement 3. Interpretation4. Act binds the StatePART IITHEASSESSMENTROLL5. Preparation of Assessment Roll6. Contents of Assessment Roll7. Assessment Roll may be used as evidence8 Errors on Assessment Roll9. Land not on Assessment Roll liable to assessmentPART IIIASSESSMENT OFPROPERTYTAXES10. Assessment of tax11. Amount of tax payable12. Valuation Roll to be used for assessment13. Calculation of annual taxable value14. Power to make deductions15. Owner of land liable to pay tax16. Exemption from taxation17 Notice of assessmentii18. Liability not affected by inaccurate or incompleteassessments, absence of assessments, errors of form ordescription19. Land omitted from the Assessment Refund on tax paidPART IVOBJECTIONS, RELIEF, REVALUATIONS ANDAPPEALS21. Objections to Grounds for objections23. Deferral of tax24. Proof of necessity for relief25. Conditions for relief26.

2 Board may vary or revoke authorization27. Any period of deferment to cease on death of the owner28. False statements in applications for relief29. Appeals30. Variation or alteration to be entered in the Valuation RollPART VRECOVERY OFTAXES31. Payment of tax32. Unpaid tax a charge on land33. Date when tax due and payable34. Notice of penalties for non-payment of interest andforfeiture35. Liquidation of any arrears36. Notice of where tax assessed not paid37. Power to distrain38. Distress at the cost of the owner39. Goods for distress40. Distress other than by the Board41. Warrant for forfeitureiii42. Registration of warrant for forfeiture43. Registered warrant as evidence44. Forfeited land45. Land unoccupied for 5 years46. Re-grant of land forfeited47. Prosecution for offences under this Act48. Succession of Commissioner of State Lands49. Penalty for obstructing authorized agentPART VITHIRDPARTYAGENCIESPAYMENTS50. Payments may be made through third parties51. Board may receive third party agencies paymentsPART VIIMISCELLANEOUS52.

3 Minister may extend times prescribed by the Act53. Regulations54. Transitional55. Repeal of Part V of Chap. 25:0456. Repeal of Chap. 76:0457. Repeal of Chap. 76:50 SCHEDULEI Percentages for Annual Taxable ValueSCHEDULEII Distress WarrantSCHEDULEIII Warrant of PossessionANACTto make provision for the asessment, ratingand taxation of land and for matters incidentalthereto[Assented to 31st December, 2009]ENACTEDby the Parliament of Trinidad and Tobago asfollows:PART Act may be cited as the Property Tax Act, titleEnactmentSecond Session Ninth Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGOAct No. 18 of 2009[ ] Act shall come into operation onJanuary 1, the purposes of this Act agricultural land has the meaning assignedto it by the Valuation of Land Act; annual rental value means the annual rentalvalue of land as determined by theCommissioner of Valuations under theValuation of Land Act; annual taxable value means the annualrental value subject only to the deductionsand allowances mentioned in section 14; appeal means an appeal to the Tax AppealBoard from a decision of the Commissionerupon an objection by the owner of land to avaluation or assessment of tax; assessment includes re-assessment and assess shall be construed accordingly; Board means the Board of Inland Revenuecreated under the Income Tax Act; capital value means the capital sum whichthe fee simple might be expected to realiseif offered for sale on such reasonable termsand conditions as a bona fide seller wouldrequire.

4 Commercial land has the meaning assigned toit by the Valuation of Land Act; Commissioner means the Commissioner ofValuations appointed under section 3 of theValuation of Land Act; industrial land has the meaning assigned toit by the Valuation of Land Act;InterpretationCommencementChap. 75:01 Chap. 58:032No. 18 Property Tax 2009 land means (a)all land, messuages, tenementsand hereditaments, corporeal andincorporeal, of every kind anddescription, or any estate orinterest therein, together with allpaths, passages, ways, water-courses, liberties and privileges;(b)land covered with water; and(c)all buildings, or any part of anybuilding, and all structures,machinery, plant, pipelines, cablesand fixtures erected or placedupon, in, over, under or affixed toland; Minister means the Minister with responsi-bility for the assessment and collection oftaxes; owner includes the owner or occupier of anyland, and the receiver, attorney, agent,manager, guardian or committee of anysuch owner or occupier and any otherperson in charge or having the control orpossession of any land in the right of theowner, or having the possession in his orher own right or as guardian of anyperson of any such land.

5 Parcel of land or parcel means land which isseparately held by an owner or a person inpossession of land which the Commissionerdirects should be valued as a separateparcel of land; Regulations means regulations made undersection 53;No. 18 Property Tax20093 residential land has the meaning assigned toit by the Valuation of Land Act; tax includes any annual tax assessed underthis Act and any tax, rate, charge, assess-ment or imposition to which the provisionsof this Act may be declared by any Act to beapplicable; and Tax Appeal Board means the Appeal Boardestablished under the Tax Appeal Act binds the Board of Inland Revenue shall on thecommencement of this Act, prepare a roll of all landsliable to tax under this Act, (hereinafter referred to asthe Assessment Roll ). Assessment Roll shall comprise of all theinformation contained in the Valuation Roll created bythe Commissioner under the Valuation of Land Act inrespect of land and the deductions and allowances andthe assessed tax in respect of the land.

6 Production of an extract of the AssessmentRoll for the time being in force shall be received assufficient evidence of the due making and validity of thevaluations and annual tax therein error, misnomer or mis-description in any noticeor the Assessment Roll and no omission to enter thereinthe names of owners or reputed owners, nor any error inthe names of owners or reputed owners, nor any error inthe names entered therein as those of the owners orPreparation ofAssessment RollAct binds the StateAssessment Rollmay be used asevidenceContents ofAssessment RollError onAssessment Roll 4No. 18 Property Tax 2009reputed owners of any land, shall in any way vitiatesuch notice or any valuation or assessment contained inthe Assessment Roll or in any way affect the liability ofany owner to any annual tax payable in respect of owner of land which has for any reason notbeen entered in the Assessment Roll or assessed shallnot by reason of that fact be relieved from the liability tohave the land valued and taxed and the Commissionermay at any time value such land in accordance with theValuation of Land IIIASSESSMENT shall be raised, levied, collected by and paidto the Board for the year beginning January 1, 2010, anannual tax in respect of all land.

7 Tax payable on land shall, in respect of theannual taxable value of the land, be based on thepercentages set out in Schedule I Valuation Roll created by the Commissionerunder the Valuation of Land Act, shall be used toidentify land for the purpose of assessment of tax underthis Act and the Board of Inland Revenue shall assesstaxes under this Act based on the valuations conductedby the Commissioner of Valuations under the Valuationof Land the Valuation Roll identifies the value ofland for the purpose of assessment of tax on the land,that value minus the allowances and deductions allowedunder section 14 shall be considered the annual taxablevalue for the purpose of section of taxAmount of taxpayableSchedule ILand not onAssessment Rollliable to assessmentValuation Roll to beused for assessmentCalculation ofAnnual TaxableValueNo. 18 Property Tax2009514.(1) The Board of Inland Revenue in assessing anyland for the purposes of this Act may make deductionsand allowances in respect of voids and loss of rentequivalent to ten per cent of the annual rental valuegiven in respect of the land in the Valuation Roll.

8 (2) The Minister may by Order increase ordecrease the percentage of the deductions andallowances under subsection (1).(3) An Order under subsection (2), shall besubject to affirmative resolution of owner of land shall be liable under this Actfor the payment of (1)All land in Trinidad and Tobago is liable totaxation under this Act, subject to the followingexemptions:(a)lands used exclusively as churches, chapelsand places of public worship of any religiousdenomination and every cemetery or burial-ground that is enclosed and actuallyrequired, used and occupied for theinterment of the dead, but not land that isrented or leased by a church or religiousorganization to a person other than anotherchurch or religious organization;(b)school buildings, offices and playgrounds ofschools within the meaning of theEducation Act;(c)lands attached to, or otherwise actuallyused in connection with and for thepurposes of a place of learning main-tained for educational, philanthropic orreligious purposes, the whole profits fromwhich are devoted or applied to suchpurposes;(d)land owned, occupied and used exclusivelyby an incorporated charitable institution;Owner of land liableto pay taxExemption fromtaxationChap.

9 39:01 Power to madedeductions6No. 18 Property Tax 2009(e)land of a designated class that is declaredby the Minister to be exempt wholly orpartially from taxation under this Act;(f)land belonging to and in occupation of (i) the State or its servants;(ii) a Statutory Authority; or(iii) state enterprise controlled by theState,for public purposes;(g)land used for the purposes of publichospitals, public asylums and allalmshouses and institutions for the reliefof the poor, whether publicly or privatelyadministered;(h)land belonging to and occupied by theUniversity of the West Indies or itsservants;(i)land belonging to and occupied by theCouncil of Legal Education; (j)land owned or occupied by a foreigngovernment or international organizationof which Trinidad and Tobago is a member;(k)land belonging to a tertiary learning insti-tution owned or managed by the State;(l)land belonging to the University ofTrinidad and Tobago; (m)land belonging to the College of Science,Technology and Applied Arts,(COSTAATT); and(n)lands belonging to the University of theSouthern 18 Property Tax20097(2) For the purpose of subsection (1)(f)anenterprise shall be taken to be controlled by the State,if the Government or any body controlled by theGovernment (a)exercises or is entitled to exercise controldirectly or indirectly over the affairs of theenterprise;(b)is entitled to appoint a majority of thedirectors of the Board of Directors of theenterprise; or(c)holds at least fifty per cent of the ordinaryshare capital of the (1) The Board shall, on or before the March 31 ineach year, cause a notice of assessment specifying (a)the unique land identification number orother number by which the land isidentified;(b)the annual rental value of the land;(c)the annual taxable value of the land;(d)the annual tax payable in respect thereof.

10 (e)any deductions and allowances applied tothe tax on the land;(f)the time when and where such annual taxis to be paid; (g)penalties and consequences for failure topay the tax; and(h)the right to object to such assessment madeunder this Act and the procedures to beutilized in making an objection,to be served on or delivered to the owner or occupier ofthe land personally or his agent or attorney or by beingsent by post to his last known business or of assessment8No. 18 Property Tax 2009(2) Notwithstanding subsection (1), where anotice requires the attendance of any person or witnessbefore the Board and the service of the notice is to beeffected by post, the notice shall be by registered post.(3) A notice sent by post shall be deemed to havebeen served, in the case of a person residing in Trinidadand Tobago, not later than the fifteenth day succeedingthe day when posted and, in the case of persons not soresident, not later than the thirtieth day succeeding theday on which the notice would have been received in theordinary course by post, and in proving such service, itshall be sufficient to prove that the letter containing thenotice was properly addressed and posted.