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22 August 2013
Appeal Commissioners v Bank of Nova Scotia, Privy Council
The respondent bank was a branch in Grenada; its head office was in Canada to which it made seven payments between 2001 and 2006.
The comptroller of Inland Revenue assessed the bank to withholding tax in February 2008 on the payments under Income Tax Act (No 36 of 1994) Grenada s 50(1).
The Appeals Commissioners and the Chief Justice upheld the assessments but the Court of Appeal of the Eastern Caribbean Supreme Court allowed the bank’s appeal. The court’s reasons for the decision included:
- the bank could not be regarded as a legal person engaged in business on its own account in Grenada;
- the definition of “person” in s 2 did not include the unincorporated head office of a foreign bank operating in Grenada;
- the payments in question were not subject to deduction of withholding...
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