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Membership shopping company PriceSmart Clubs Ltd has won a lawsuit against the Board of Inland Revenue (BIR) over its move to change from its previously accepted methodology for considering foreign exchange losses when calculating corporation tax.
Delivering a judgment on Wednesday, High Court Judge, Vigel Paul, ruled that the BIR breached the company’s legitimate expectation by not accepting the methodology it had previously approved for the calculations.
The company, which operates four clubs in Trinidad, filed the case after the BIR sought to reassess its tax returns for 2016 in late 2022. The reassessment was based on the BIR rejecting the methodology for foreign exchange gains and losses, which it resolved with the company between 2004 and 2007 and accepted for tax returns up to 2015.
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