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Home Publications Columns Articles

CONSUMER VS. TAXPAYER PROTECTION – AND GST.

March 27, 2023
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They want “price controls” on higher prices caused by higher taxes! The only consumer protection we need is from our government.
by Ms Melinda Goddard, MBA

If you thought GST impacted your business, wait till you read the Consumer Protection Policy – to “be enshrined in legislation”!* This policy shaping that law is a testament to the impotence to address exceptions, while threatening and oppressing all others conducting respectable, ethical business.

We Need Taxpayer – Not Consumer – Protection.
Notably, governors are responsible for good governance. Yet. One after another has signed unsustainable budgets and tax laws that increased taxes, or shall we say, the “price” for public services from $5 Million to over $20 Million a month – before GST. That is, for the same services for the same population – often ignoring technology to do more with less. That dereliction has passed along higher and higher taxes into every price for everything.

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Taxes Have Increased Thousands of Dollars Per Year: Think about it.
Ever wonder how anyone can afford to live here?
Think about it: With an estimated 5,000 households in Anguilla, each has been forced to absorb up to $3,000 more in living expenses per MONTH, or up to $36,000 per year, in higher taxes in recent years.
How? An extra $100 to $300 for a couple of bags of groceries, if bought here at all… higher taxes on Internet, phone and surging electric bills… an extra $10 to $20 more for lunch every day … plus Customs duties and fees, and 13% added to imports – then marked up to pay the merchant’s or service provider’s taxes, plus more GST … and higher fees for everything, from car registration to driver licenses, to property tax added to rent, if not paid directly.

We Need Protection from Government, Not Our Businesses!
So. After they stuffed all those taxes into prices we pay for everything, they want to impose price controls to “protect” consumers from increases – caused by government spending!
Okay. We have all heard about price discrepancies and being charged for shopping bags we maybe didn’t need. But. Tax dollars support our Chamber of Commerce, and such issues should be resolved with letters of inquiry, public notices, and/or a business sector forum and move on. The Health Department must address health risks. The Police must address sales of prohibited goods. If these are not effective, make changes and hold those accountable to do their jobs.

Continued Cultural Contempt – as with GST?
Much like the Comptroller in the Goods and Services Tax Act, this law would ordain a Director of Consumer Affairs. This public servant would be empowered to…
“…conduct investigations on his initiative or in response to a complaint in relation to the sale of goods or the provision of services…[or] the availability of goods of any class… resolve disputes… formulate and implement standards… advise… in relation to the imposition of price control measures… serve as Supply Officer and an authorized officer under the Distribution and Price of Goods Act…”

Inspectors with Insidious Powers – as with GST?
After IRD audits the books for hours and threatens everyone with GST fines and prison, this band of bureaucrats would get to maul merchandise and inspect any establishment, pass judgement on offerings, impound them, recall them, or force refunds or to reverse an invoice at their discretion. This legislation would empower Inspectors who…
“…will be responsible for… enforcement …ensuring compliance… [and need only] reasonable grounds…[to] carry out inspections… inspect any goods found… require…the business to produce books or documents… and to permit the inspector to take copies of or any entry in such books or documents…seize and detain goods for testing…seize and detain goods or documents believed to be required as evidence in an investigation.”

“Require? …Seize? …Detain? …Evidence?” Really?
One can only guess at another authoritarian round of civil and criminal penalties already drafted in this new act. Just like GST? A means for closing more businesses and criminalising those that dare try to feed their families.

And… This Takes Rights; It Does Not “Afford” New Ones.
While taking rights from anyone trying to make a living, it “affords” consumer rights we already have. For example: favourable interpretation of issues; not having to pay for “unsolicited” goods; not being “compelled” to obtain additional goods or services; the right to choose and examine goods… And, to have documents provided in English. Who does business, if not?
And, the “right to delivery of goods and…services by the date and time agreed.” Seems we have that right, too. Since when can’t we simply not pay until work is done or delivered?

They also cite consumers’ “right to cancel a booking or reservation…” while allowing a “supplier [to] charge cancellation fees” – except, if “unable to fulfil the reservation due to their own death.” And, agreements can be cancelled if the supplier dies. Good to know. Raise your hands. Who wants to give up the last of their civil rights for rights we already have – before somebody reads their last rights?
And, after chasing artisan fishers off the reefs, they want to nail the livelihood of every handy, repair or maintenance contractor in Anguilla: “A supplier cannot demand payment from a consumer for goods or services provided unless an estimate was provided and the work was authorized by the consumer – or the consumer provided a written waiver of the right to an estimate…” ’Seems the law of supply and demand is doing just fine without new laws for these rights, thank you very much.

Get Real. Don’t Waste Our Time and Tax Dollars on Another Bogus Board.
Sadly, getting issues addressed by anyone in government is too often a waste of time. Only the rarest of problems is ever resolved with a “favourable” interpretation. Too often, they are denied and dismissed with a perfunctory legal citation, after numerous meetings, petitions, and months or years of unresponsive silence between pleas for help. Often, with citations from repressive laws like this one – passed unnoticed, while everyone else was trying to make a living – and pay endless taxes.
And…While a few decisive, effective leaders are shining stars in our public service and statutory bodies, please don’t waste our time and tax dollars with yet another board promoting pretentious policies like this. Too many languish from fear of lawsuits – or of outshining others who prefer the status quo.

Want to Protect Consumers from Unfair Practices? Start by Repealing GST.
We need a balanced budget law to freeze spending and hiring, along with a clause repealing GST to restore civil rights and 13% of everyone’s purchasing power. And, consumers would protect themselves as they did before GST, by having the money to give worthy businesses their business, or go elsewhere.

Repeal GST – and kill this bill. Now.
This article reflects cultural and economic issues raised on July 5, 2021, at the House Select Committee on GST Public Hearing. *Consumer Protection Policy (Draft 3) Ministry of Finance, Health and Economic Development (February 2023).

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