Brad’s Gaming Loses Tax Case, Faces $4.3 Million Bill

Brad’s Gaming Company and Brad’s Gaming Group remain on the hook for more than four-point-three million dollars in business tax assessments after losing a case against the Director General of Tax Administration.  The total bill is reportedly closer to five million dollars once interest and other charges are included.  Justice Nadine Nabie dismissed the claim brought by the two companies and businessman Kim Wai Chee. They had argued that the retroactive tax assessments were unfair, unlawful and breached their constitutional rights.  The judge found, however, that the constitutional claim was an abuse of the court process. She ruled that if the companies wanted to dispute the assessments, they should have used the review procedure provided under the Tax Administration and Procedure Act.  Senior Counsel Magali Marin-Young represented the Tax Administration and the Attorney General. She says tax officials had been trying to obtain the companies’ financial records since 2020 but were repeatedly unable to get full access.  According to Marin-Young, the Director General eventually carried out what is known as a “best judgment assessment.” That allows the Tax Department to estimate what is owed when sufficient financial records are not provided.  The assessments covered the period from 2010 to 2023. Brad’s Gaming Company was assessed one million, one hundred and ninety-nine thousand, two hundred and eleven dollars and ninety-four cents. Brad’s Gaming Group was assessed three million, one hundred and thirty thousand, six hundred and thirty-seven dollars and sixty-nine cents.

Together, the two assessments amount to approximately four-point-three-three million dollars.

The companies also argued that the assessment notices had not been properly served because they were delivered to Brad’s place of business at the Farmers’ Market instead of the companies’ registered offices. That argument was also rejected.  Importantly, the judgment states that Kim Wai Chee is not personally responsible for the companies’ tax debts. That means any attempt to collect the money would have to be made against Brad’s Gaming Company and Brad’s Gaming Group, rather than against Chee himself.  Former Prime Minister Dean Barrow represented the claimants. He says they intend to appeal the order requiring them to pay legal costs.