CLAIMS that Opposition Leader Mia Mottley waived income tax arrears for her father Elliott Mottley Q.C. have been categorically denied and are apparently being met with legal action for defamation.
During a press conference held in his law offices in Strathclyde Drive yesterday morning, E. Mottley, while wrapping up a prepared statement in which he described Arthur’s claims as “untruthful and misleading”, sought to disassociate his daughter from the allegations that were made against her and himself on the Democratic Labour Party (DLP) political platform on Sunday night and a press conference held by former Prime Minister Owen Arthur on Monday morning.
“I am particularly disappointed that Mr. Arthur, for whom I have acted as attorney-at-law, and continue to act, and on whose behalf I obtained damages for defamation, should now resort to making the kinds of statements he made on Monday,” Mottley said.
Emotions ran high for Mottley who was unable to complete the end of his statement after dissolved into tears at which point his son Warren stepped in to assist his father, giving the assurance that his sister during the period 1994-1999 never acted as Minister of Finance and Economic Affairs.
Mottley also made it clear that contrary to the recent claims, that his daughter did not waive the income taxes owed; neither did he make an application to have his income taxes waived by the Minister of Finance. Rather an application was made for a waiver of interest and not the penalties or taxes owed.
According to attorney-at-law for E. Mottley, Roger Forde: “It is my opinion that Mr. Arthur’s statements betray a misunderstanding of the relevant Laws of Barbados which deal with waivers of taxes and duties as opposed to waivers of interest and penalties for income tax.”
“Indeed, waivers, of taxes and duties are provided for in a general way under Duties, Taxes and other Payments (Exemption) Act CAP 67 B of the Laws of Barbados and the waivers of interest and penalties on income tax are specifically dealt with under the Income Tax Act CAP 73 of the Law of Barbados. Under that Act, the Minister has no power to waive income tax due and owing by the taxpayer.”
Mottley told the media that having two judgements registered against him in the respective sums of $20 587.91 and $1 031 284.37 on January 23 1995, he engaged the services of a tax consultant who wrote a letter to the Ministry of Finance on September 29, 1995 under the Income Tax Act, not the Duties, Taxes and Other Payments (Exemption) Act, for a waiver not of the tax due, but of the interest and penalties that had accrued and were causing the debt to mushroom.