Tourism Development (Prescribed Forms) Regulations (Cap. 87:22)

MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 46 Chap. 87:22 Tourism Development SUBSIDIARY LEGISLATION 25812000. r2011200II. Citation. Commencement. ell. 87:22. Prescribed Forms. TOURISM DEVELOPMENT (I'RESCRIIIED FORMS) REGULATIONS made under section 43 1. These Regulations may be cited as the Tourism Development (Prescribed Forms) Regulations . *2. These Regulations shall come into force on the date of commencement of the Tourism Development Act. 3. The prescribed forms to be used for the several matters specified in Column 1 of the Sche dule are those specified in Column II: scusnuu, Column I (a) application for a tourism project (h) certificate of approval. .. (ha) approved Tourism Project Order (e) application for a permit under section 22 Column II FormA Form B Form BA Form C (d) permit for Cu stoms and excise duty exem ption under sect ions 23-26 Form D (e) certificate of approval of capital expenditure/additional capital expenditure under sections 18 and 19 Form E (j) inventory under section 29 Form F *16t11 October, 2000 (LN 23712000). UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Tourism Development www. legalaffairs.gov.tt Chap. 87:22 47 T..?Url.VIH Devclopwau (Prc·.vcribc·d Forms ) Regulations FORM A [Hubaidiary] A I'I'L JCATION FOR A I)I' lolOVAL OF A TO URJSl\1 ('ltO.I EeT To: PRESIDENT AND CHIEF EXECUTIVE OFFICER TOURISM AND INDUSTRIAL DEVELOPMENT COMPANY OF TRINIDAD AND TOBAGO LIMITED DECLARATION The information contained herein is submitted in support of an application made by: (Applicant Enierprlse] APPROVALS REQUIRED D Benefits under the Tourism DevelopmentAct TOUKISM ACIW ITY I/We attach the following documents: Application form duly completed. D Technica l feasibi lity report/Business proposa l. D Copy of OutlinePlanningPermissionfrom theTown and Country PlanningDivision. D Certificate of Incorporation/Registration Certificate. D Registered Certificate of Particulars of Directors. D Financial projections for five (5) years. D Other (specify) IJWe certify thatALL information provided in this application is true and correct and that no false or deliberately misleading informati on has been supplied. IJWe understand that any false information supp lied in the comp letion of this application will result in the withdrawal of any approva ls granted and the right to seek legal redress for any benefits received. Signature (lJLUCK LEn eNS) Position in Enter prise Date Signature (lJLU CK LEn eNS) Position in Enter prise Date UPDATED TO DECEMBER 31ST 2009 L.RD.1I2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 48 Chap. 87:22 Tourism Development [Subaidiary] T ourisnt D'::I'dofJmr:lll (P rescribed rOf71U) Rcgulations SE CTION A GENE ltAL PA IlT/CULA IlS (To be completed by all Applicants) 1. Name of enterprise: . 2. Incorporation date/date of comm encement of busines s: . 3. Type of Company: D Public Company D Private Company D Other (specify) . 4. Address of Registered Office/Mailing Address: . 5. Telephone No.: Fax No.: E-Mail: . 6. Proposed Shareholding: (Where shareholder is a company please append Certificate of Incorporation, names and addresses of director s and controlling shareholder(s) and any other coun tries where investments are held.) Na me Country Type of % Sh ares Sharcholding Share Capital: Authori sed (Par Value) $ . Issued $ . 7. Present business activity : 8. Proposed business activity: . 9. Proposed locati on of Proj ect: UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Tourism Development www.legalaffairs.gov.tt Chap. 87:22 49 Tou rism D e velopment (P rescribed F Ol71u) Regu la tions 10. Total Investment in the Project: . II. Source of financing (TT$): Equity Loan Other .. 12. Construction: Proposed start up date: .. Proposed completion date: . Proposed employment during construction: . 13. Proposed start up date for production/operations: .. 14. Employment: Occupation Proposed/Existing Proposed/additional for (indicate major category) for Year I of Operations : Year 3 of Operations: 20 ?O Total Total Non- Annual Non- Annual Nationals Nationals Nationals Wages Nationa ls Wages TT$ TT$ Total Number of Employees Total Annual Wages TT$ Describe the experti se of any non-national(s) to be employed and indicate proposals to train nationals: . UPDATED TO DECEMBER 31ST 2009 [6ubsidiury] L.R.O. 112009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 50 Chap. 87:22 Tourism Development [Subaidiary] T ourisnt D':: I'dofJmr:lll (Pre scribed rOf71U) Rcgulations 15. Foreign Exchange Usage and Earnings P lea se indi cate all fore ign exchange U :'luge and Ear nings of the project fo r the first five (5) years, including construction phase. Year Outflows/Usage 1 2 3 4 5 Machinery and Eq uipment Purchase M achi nery and Equipment Lease Hotel Equipment BuilLling Materials Raw Materials Royalties Loan Instalment Distribution Charges Advcrt iaing Dividends Repatriation of Profits Repat riation of Capital Other (specify): TotalOutflows/llsage Inflows/Earnings Revenue Loan Equity Other (specify): Totallnnow s/Earnings Net Usage Ea rnings Net Usage Earnings BIF Net Cumulative Foreign Exchange Cash Flow UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Tourism Development www.legalaffairs.gov.tt Chap. 87:22 51 Tou rism D e velopment (P rescribed F Ol71u) Regu la tions 16. State brief1y the experience of the promoters in the business 17. Particulars of the Operator (if they were different from the applicant): (a) Name . (b) Address . (c) Telephone No.: Fax No. : E-mail: . (d) Nation ality: . (e) State brief1y experience in the hotel/tourism business: . 18. Particulars of the Owner (if different from Applicant or Operator ): (a) Name . (b) Address . (c) Telephone No.: Fax No.: E-mail: . (d) Nationality: . (e) State brief1y experience in the hotel/tourism business: . 19. For the proposed operation, have you obtained Outline Planning Permission from the Town and Country Planning Division ? D Yes, date approved . (please attach a copy of Appro val) D No UPDATED TO DECEMBER 31ST 2009 [6ubsidiury] L.R.O. 112009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 52 Chap. 87:22 Tourism Development [Subaidiary] T ourisnt D':: I'dofJmr:lll (Pre scribed rOf71U) Rcgulations 20. Name or proposed name of project . 21. Location (address) . *Please attach a plan/drawing of the project showing the site and elevation of the construction of the project and an)! external construction which would expand an existing project. 22. Area (sq. metres or hectares): .. 23. Proprietary interest of the Applicant and any other person in the project quote particulars of title documents which confirm the information . 24. State any special features in the manner of operation that are not usual in Trinidad and Tobago: . 25. Append a list of construction materials, equipment, furniture and fixtures that you will be required to import for the project. (Please note that concessions will not be granted for items that are manufactured locally) : . 26. Indicate any direct local linkages that will be generated by your project in the Agro-processing, Manufacturing and Serv ices Indu stries: .. 27. Marketing Major market(s) (specify marketing plans. countries. client , type and details of contracts or agreements): . UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Tourism Development www.legalaffairs.gov.tt Chap. 87:22 53 Tourism Development (Prescribed FOl71u) Regu la tions 28. Environmental Effects (i) State any environmental impacts of the project : (ii) Description of waste products indicating volume of air pollution, solid waste and liquid waste/effluents: . (iii) Proposals for disposal/treatment of waste products: . UPDATED TO DECEMBER 31ST 2009 [6ubsidiury] L.R.O. 112009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 54 Chap. 87:22 Tourism Development [Subaidiary] Tourisnt D':: I'dofJmr:lll (Pre scribed rOf71U) Rcgulations SECTION B TOUIlISM AC COMMOIJATION 1'1l0J ECTS D Dive-Lodge Proj ect DEco-Lodge Project o Guest House Project D Hotel Project D Camp- site Project 1. Please indicate accordingly: o Construction or D RenovationlE xtension/Refurbishment Projector or D Operation of : o Integrated Resort Development Project (IRD ) 2. Project Details (i) Capital Expenditure: Ex isting (Value) Proposed TT$ TT$ Constructi on Expansion Furnishings, Fixtures and Equipment Advert ising and Promotion Physical Structure: Existing Proposed Floor Area (sq. metres) Number of Floors Number of Bedrooms Number or Common Rooms *IRD Proposed Selling Price/Cost of Rental/Lease/Cost Number of Villas Number of Condominiums Infruatructurul Work:; (L iiit) UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Tourism Development www.legalaffairs.gov.tt Chap. 87:22 55 Tourism Development (Prescribed FOl71u) Regu la tions Facilities/Amenities (list): Existing Value Proposed Cost TT$ TT$ UPDATED TO DECEMBER 31ST 2009 [6ubsidiury] L.R.O. 112009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 56 Chap. 87:22 Tourism Development [Subaidiary] Tourisnt D'::I'dofJmr:lll (Pre scribed rOf71U) Rcgulations SECTION C TOURISM AN CILLARY FACILITIES AND SERVI CES PROJECTS Transportation Services Other (specify) Cultural Centre Special Events Film Mak ing Golf Course D D D D D DTour Operations Recreational Space Use Theme Park Dive Operation Marina 1. Please indicate accordingly: o New project or 0 Renovation/ExtensionlRefurbishment Projector or D Operation of: D Water Sports D Charter Boat D D D Boat Yard D D D 2, Project Details (i) Vehicles: N o. 01 Vehi cles Existmg Value Tn Proposed Cost ']"]$ (ii) Capital Expenditure: Activity/Item Existing Value TT$ Proposed TT$ Construction Ex pansion Furnishings, Fixtures andEquipment Advertising and Promotion (iii) Facilities' Existing Value TT$ Proposed Cost TT$ (iv) Services : Existing Value TT$ Proposed Cost IT$ UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Tourism Development www.legalaffairs.gov.tt Chap. 87:22 57 Tou rism D e velopment (Prescribe d FOl71u ) Regu la tion s SECTION D TOURISM INFRASTRUCTURE PROJECTS I . Please indic ate the type of proposed tourism infrastructure project: 0 Di ve Re-Compression/ 0 Irrigation Hyperbaric Chamber 0 Ecological and Environmental D Heliport Maintenance 0 Sea Port 0 Land Clearance and Cleaning U Air Port U Uther (speciry) 0 Communications .......... .................. ............. ....... D Public Utilities (specify) 2. Project Details List Infrastructural Works: [Subsidiury] Existing Value TT$ Proposed cosi r r s L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 58 Chap. 87:22 Tourism Development [Subaidiary] Tourisnt D':: I'dofJmr:lll (Pre scribed rOf71U) Rcgulations FORM B TOURISM DEVELOPMENT ACT (CII. H7;22) INTERIM APPROVAL/ADDITIONAL INTERIM APPROVAL AND CERTIFICATE OF ESTIMATED CAPITAL EXPENDITURE OF A TOURISM PROJECT PURSUANT TO SECTIONS 13, 15 AND 19 Wherea s (Insert Name and Address) has made an application dated the day of 20 . to the Mininter for un Interim Approvul/Additionul Interim Approval in respect of a tourism project, certain part iculars of which are contained in the said application. And whereas in respect of a tourism project in Tobago the Corporation has submitted an applicat ion to the Tobago House of Assembly for its recommendations and the Tobago House of Assembly has/has not submitted their recommendations to the Minister. And whereas the Minister is satisfied that the said (Stcao Specific Tou rism Activity] is practical and that it would assist the development of the tourism industry in Trinidad and Tobago and that it is otherwise in the public interest. 1. Terms and Conditions Now, therefore, the Minister pursuant to section 13/19 of the Tourism Development Act, hereby grants unto the said (hereinafter called "the Applicant") an Interim Approval/Additional Interim appmval in respect ofthe said . to he und ertak en at (State Specific Tourism Activity) on the following terms and conditions: In sert appropriate cond it ions here . D etail s of Est im ated Capital Expenditure are included in this Section if required. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Tourism Development www.legalaffairs.gov.tt Chap. 87:22 59 Tou rism D e velopment (P re scribed FOl71u ) Regu la tion s 2. Benefits in respect of an approved tourism project: (a) Cuxtorns Exemption under section 22 . (b) Tax Exemption under section 3(3). The Minister on declaring to be (State Specific Tourism A ctivity) an approved tourism project may confer pursuant to section 3 of the Act , the following tax benefits on the tourism owner/operator : • A lax exeurpt iou fur a period of yeal1> ill respect of gains or profits accruing from the approved tourism project. 3. Add itiona l Tax benefits under section 3(4) as follows: Subject to Part 4 of the Act a carry-over from a tax exemption period, if any, of any loss arising out of the operation o r renting of an approved tourism project: A tax exemption in respect of the gains or profits derived from the initial sale of a villa or condominium or the site for the villa or condominium that forms part of an IRD which is an approved tourism project. A tax exemp tion granted during the period that a tourism project is an approved tourism project by the Minister Willi responsibiliry fur Finance i ll res pect of interest Ull an approved loan used for an approved project. Minister of Tourism UPDATED TO DECEMBER 31ST 2009 [6ubsidiury] L.R.O. 112009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 60 Chap. 87:22 Tourism Development [Subaidiary] 201/200 I. Citation. Approved Tourism Project. ('11 ~7' ? ? Owner or operator. Effe ctive date. T ourisnt D':: I'dofJmr:lll (Pre scribed rOf71U) Rcgulations FORM BA TOURISM DEVELOPMENT ACT, CII . X7:22 TOURISM DEVELOPMENT (APPROVED TOURISM PROJECT) ORDER made under sections J6 and J7 1. This Order may be cited as the Tourism Development (Approved Tourism Project) Order. 2. (hereinafter referred to as "the approved tourism project" located at .................................. is hereby declared to be an approved tour ism project for the purposes of the Tourism Development Act (hereinafter referred to as " the Act"). 3. For the purpose of this Order (a) the owner of the approved tourism project IS .......................... , whose registered office is : (h) the operator of the approved tourism project is .......................... , whose registered office is . 4. (1) This Order comes into effect/ is deemed to have come into effect in res pect of (a) the owner on , 20 : and (h) the operato r on 20 .. (2) This Order ceases to have effect on , 20 . ') (1) 'The owner of the approved torn-ism projer-t is entitled to the follow ing ta x benefits under the Act: (a) . (h) (c) . (2) The operator of the approved tourism project is entitled to the following tax benefits under the Act: ~ . ~ . (c) . (3) Subject to Part IV of the Act, the following tax benefits are granted: (a) . ~ . (c) . UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Tourism Development www.legalaffairs.gov.tt Chap. 87:22 61 Tou rism D e velopment (P rescribed F Ol71u) Regu la tions [6ubsidiury] 6. This Order is subject to the following conditions: Conditions. [a) (b) . (c) . (Note: Where the owner and operator are the same, aform completed only in respect o] the owner, will be read as a completion in respec/ o] both owner and opera/or). Made this day of , 20 . Minister of Tourism and Tobago Affairs. L.R.O. 112009 UPDATED TO DECEMBER 31ST 2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www.legalaffairs.gov.tt 62 Chap. 87:22 Tourism Development [S ubaldlary] Tourism Development (P res cribed Forms ) Reg ula tions FORM C TOU RJSl\l UEVELOI·.MENT AC Tl (CU . 87:22) AI'PLlCATlON FOR A I'ERMIT UNDER SECTION 22 Whereas I have been granted an Interim Approval/Additional Interim Approval particulars of which are hereinafter mentioned, I hereby apply to the Minister under section 22 of theTourism Development Act for a Permit to importorenter mto Tnmdad and Tobago tree ot Customs duty Items the descnption and quantity of which are specified in Appendix "A" to this application and to purchase in Trinidad and Tobago with the privilege of a drawback of Customs duties or Excise duties the items specified in Appendix "B"to this application. I submit the f ollowing particulars with regard to the Interim Approval/Additional Interim Approval referred to above: Name of Grantee of Interim Approval/ Additional Interim Approval : Date of Grant of Interim Approval/ Additional IUlt:rl111A1JIJfUVal. Name or proposed name of the tourism project Site and locality of the tourism project I hereby certify that the Items specified III the Appendices "A" and "B" to this application shall be used exclusi vely in connection with the construction and equipping of the tourism project for which the Interim Approval/Additional Interim Approval referred to hereinbefore has been granted and that the items are not manufactured iocaliy or are not readiiy avaiiabie iocaliy I further certify that none of the items in the appendices aforesaid shall be used to replace any item that has been imported, entered or purchased under any permi t granted under the Tourism Development Act, or any licence granted under the former Hotel Development Act, Ch. 85:02, the Hotel (Development Encouragement) Ordinance, Ch, 32. No. 15 or unde r section 49A of the Customs Act , Ch. 78: 01. Date d thi s day of 20.. Signature aj'Applicant UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Tourism Development www.legalaffairs.gov.tt Chap. 87:22 63 Tou rism D e velopment (P re scribed F Ol71u) Regu la tions FORM D TOURISM DEVELOPMENT ACT, (ClI. 1l7;22) PERMIT FOR CUSTOMS AND EXCISE DUTY EXEMPTION PURSUANT TO SECTIONS 23-26 Permit No of 20 . Whereas due application has been made to the Minister by . .... .. .. .. .... ......... ..... .... , the Grantee of an Interim Approval/Additional I nte rim Approval under the Tourism Development Act (hereinafter called "the Grantee") . I. Now, therefore, the Minister under and by virtue of the power conferred on him by section 22 of the Tourism Development Act, hereby grants a permit to the Grantee to import or enter into Trinidad and Tobago free of Customs duty items specified in the First Schedule hereto and to purchase in Trinidad and Tobago with the privilege of a drawback of Customs duty or Excise duty the items specified in the Second Schedule hereto. 2. This Perm it is subject to the provisions of the Tourism Development Act , and in particular, but without limiting the generality of the foregoing , the follow ing cond itions : (a) The Items specitied In the FIrst and Second Schedules hereto shall be used exclusively in connection with the construction and equipping of the . (State Specijic Tourism Acti vity ) being undertaken by the Grantee at . and in accordance with the Interim Approval/Additional Interim Approval dated the day of .................... .., 20 granted to him by the Minister under the Tourism Development Act. (b) The items specified in the First and Second Schedules hereto shall not be used to replace any item that has been imported, entered or purchased under : (i) any permit gran ted pursuant to the Tourism Development Act : or (ii) any licence granted pursuant to the former Hotel Development Act, Ch. 85:02 or Hotel (Development Encouragement) Ordinance. Ch. 32. No. 15; or (iii) any licence granted pursuant to section 49A of the Customs Act , Ch . 78:01. 3. This permit shall have effect from the date hereof and shall expire on the day of 20 . Dated this day of 20 . Minist er of Tourism UPDATED TO DECEMBER 31ST 2009 [Subsidiury] L.R.O. //2009 MINISTRY OF LEGAL AFFAIRS LAWS OF TRINIDAD AND TOBAGO www. legalaffairs.gov.tt 64 Chap. 87:22 Tourism Development [S ubaldlary] Tourism DC'vdofJmc'ltl (Prescribed. Forms) Regulations FORM E TOUIUSM UEVELOIIMENT A CT l (C II. R7:22) Certi ficate of Approval of Capital Expenditure/Addit ional Capital Expenditure Actually and bona fide incurred in respect of an Apprrwerl Tour-ism Projf'('t pur-suant to "f'('tiom: 1R anrl 19 To: (insert name and address) Whereas the Minister has ::lpproverl the (Insert name and location ojapproved tourism project) (insert name and location ofapproved tourism project) to be an approved tourism proje ct and is satisfied Ibat the items of capital expenditure /additional capital expenditure appe aring hereinafter had previ ously been included in the estimated capital expenditure/additional estimated capital expenditure approved by Ibe Ministerfor Ibe tourism proj ect in respect of Ibe said .............................. or are capital expenditure otherwise acceptable to the Minister, (State Specific Tourism Activtty) Now, Iberefore, the Minister pursuant to sections 18 and 19 of the Tourism Developrnent Act, hereby certifies am}approves the iLl."IIlSof capital expenditure hereinafter listed to be capital expenditures/additional capital expenditures actually and bonafide incurred by Ibe Approved Tourism Project Operator (or Owner) on the tourism project in respect of the said. (State Specific Tourism A.Clivify) (a) Actual cost of building materials and fixtur es (excluding items of depreciable equipment) : $ (b) Actual cost of construction of . (State Specific Tourism Activity) (labour, supervision and overhead) : $ (c) Actual cost of advertis ing and promotion of Ibe (State Specific Tourism Activity) before Interim Approval is revoked pursuant to sec tion 15(3) of Ibe Act (not to exceed 10% of olbe r approved actual capital expenditure) or section 19(3): $ Total actual capital expenditure/additional capital expenditure $ Dated thi s . . " .,..,. day of . ... 20.. . Minister of Tourism CUjJY to , Board of Inland Revenue UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS Tourism Development www.legalaffairs.gov.tt Chap. 87:22 65 Tourism D evelopment (Prescribed Forms ) Regulations FORM F TO URISM D EVELOPMENT A CT, (C ll. 87 ;22) [SubsidiuryJ FORM OF INVENTORY PURSUANT TO SECTION 29 Name of Approved Tourism Project . Location: . Name of Holder of Permit: Name of Appro ved Tourism Project Operator: Name of Manager of Approved Tourism Project .. Mark Approved by Comptroller: .. Date of Articles No. of Date of Importation Permit issue of Entry or Permit Local Unit Description Purchase Quantity I certify that the foregoing is a true inventory of items imported or entered into Trinidad and Tobago or purchased in Trinidad and Tobago under a Permit pursuant to section 22 of the Tourism Developme nt Act. Signature of Manager ofApproved Tourism Project LoRD . 112009 UPDATED TO DECEMBER 31ST 2009