Fijileaks to FICAC: Here are two counts to start with against Prasad Malimali questioned and released by FICAC*On 13 March 2017, the Tuvalu Court of Appeal upheld an appeal by the Crown on the sole ground that the personal interactions outside Court between Justice Norman Franzi and counsel for Lelemia, BARBARA MALIMALI, meant that the judgment of acquittal had to be set aside.Fijileaks: We wonder if her character referees Attorney-General Graham Leung and PAP Lands Minister and lawyer Filimoni Vosarogo (who was co-representing her client Apisai Lelemia in the Tuvalu Court of Appeal) informed the JSC of her wholly unacceptable and unprofessional behaviour in 2016 that led to a re-trial of Lelemia because of her 'cosying up' with the presiding stand-in Judge Norman Franzi of Melbourne, Australia. |
Fijileaks: We understand the Tui Nadi has resigned in utter disgust with the leadership and the manner of governance in PAP, which he finds do not abide by the party constitution and also that the voices of the members of the Party are not heard and respected, and taken into consideration, by the leadership. PAP is already struggling with winning the hearts and minds of i-Taukei voters in the western division because of Rabuka's 1987 coups that deposed their beloved son, Dr Timoci Bavadra |
From Fijileaks Archive, 10 May 2024
*In 1987, the 68-year-old Jalesi Nakarawa was a prison officer at the Naboro Maximum Security Prison (he had joined the prison service in 1974) when his future PAP leader and coupist SITIVENI RABUKA, captured Dr Timoci Bavadra and his FLP-NFP coalition government at gunpoint on
14 May 1987.
*According to Nakarawa, as he recalled to Sashi Singh's Talking Point last year, he was locking the cells on the top floor at the maximum security prison when the deposed prime minister Dr Timoci Bavadra was brought into the prison by coupist Rabuka's thuggish soldiers. Nakarawa:
'After all the prisoners were locked up in their cells, Dr Bavadra was the last man up to his cell. When I was locking him up, a lot of prisoners in their cells were making a lot of noise because by then they knew what was happening. To be frank, I never forgot the anguish on Dr Bavadra's face. As I was about to lock the door, he actually grabbed my boots and requested me for assistance, basically saying what about these people shouting at him. So I had to stand there and give him a bit of comfort. I told him, "Sir, take a bit of rest, and when I lock this door, it will not open until tomorrow morning." So, when I was standing there, I was thinking, what a dilemma: from Prime Minister's Office one day, to maximum security prison cell the next day. I guess that is where my interest in politics started.
14 May 1987.
*According to Nakarawa, as he recalled to Sashi Singh's Talking Point last year, he was locking the cells on the top floor at the maximum security prison when the deposed prime minister Dr Timoci Bavadra was brought into the prison by coupist Rabuka's thuggish soldiers. Nakarawa:
'After all the prisoners were locked up in their cells, Dr Bavadra was the last man up to his cell. When I was locking him up, a lot of prisoners in their cells were making a lot of noise because by then they knew what was happening. To be frank, I never forgot the anguish on Dr Bavadra's face. As I was about to lock the door, he actually grabbed my boots and requested me for assistance, basically saying what about these people shouting at him. So I had to stand there and give him a bit of comfort. I told him, "Sir, take a bit of rest, and when I lock this door, it will not open until tomorrow morning." So, when I was standing there, I was thinking, what a dilemma: from Prime Minister's Office one day, to maximum security prison cell the next day. I guess that is where my interest in politics started.
And through the files of Lotus Construction (Fiji) Ltd
*Fijileaks: In the course of our investigation, we found that NFP leader and Fiji's Finance Minister in Prime Minister Rabuka's Coalition government Biman Prasad had lied in his statutory declarations regarding the true ownership of the couple's properties.
*He had not disclosed that he, with Sunil Chand and one another, had formed Platinum Hotels and Resorts Ltd but after three months had abruptly resigned as director. Under the Political Parties Act, no matter how short or long months or years he was director, he should have disclosed his directorship.
*Platinum Hotels & Resorts provided over $2m towards 'Westfield Villas'.
*He did not disclose his wife's links with the Global Girmit Centre but readily handed her and Ganesh Chand $200,000 of taxpayers money.
*We also found that he had not disclosed his wife owns two units worth $300,000 in Westfield Villas, Legalega, Nadi.
*His 'Panni-Wallah' Lawyer(s) were unaware of these breaches nor FICAC or the original complainant and the FEO, so Biman Prasad must be taken into custody, charged, and presented before the court. HE MUST RESIGN or SACKED.
*FICAC must also establish if his wife Rajni Chand was a party to his lies and falsifications for the last ten years, and also to establish if Rajni and two other GGI trustees, Ganesh Chand and Hirdesh Sharma obtained corrupt benefit.
*In his 2014, 2015, and 2016 declarations, Biman Prasad claimed that he had an estimated share total of $85,000 in 'Business/Companies'. As we have revealed, he formed with his cousin Sunil Chand, Lotus Construction (Fiji) Ltd on 15 March 2014. He was gifted a 5% share in Lotus. A year later, Sunil Chand transferred 45% out of his 95% shares to Biman Prasad, making him an equal 50% shareholder in Lotus (Fiji).
*A year before Biman Prasad and his wife Rajni Kaushal Chand sold their Burerua St house for $550,000 to Lotus (Fiji), they commissioned a valuation report with the intention of demolishing the Burerua house and building 14 Flats on the site. The flats were valued at over $2.8million.
*The couple sold Burerua property to Lotus (Fiji) in 2016 for $550,000, the company in which Biman Prasad holds 50% shares.
*It is mind-boggling how Lotus (Fiji) forked out $95,239.89 in July 2015 to meet the entire costs of the 'Market Valuation of CT 11907'- Burerua St- jointly owned by Biman Prasad and his wife, when the former Professor of Economics at USP claimed his total share in Lotus (Fiji) was $85,000.
In his 2017 statutory declarations, he claimed he was company director of 'two companies' but did not receive dividends and directors fees.
Again, what the former USP Professor of Economics did not disclose was despite holding only $85,000 worth of shares in Lotus (Fiji), his co-company cleared his and his wife's ANZ bank loan, paid only his Capital Gains Tax (what about his wife), and transferred two units worth $300,000 in 'Westfield Villas'. Prasad did not disclose his wife's two villas so he MUST be charged for failing to disclose to the FEO his wife's villas.
WE CHALLENGE FICAC TO TAKE THIS MAN INTO CUSTODY
Deputy Prime Minister and Minister of Finance Professor Biman Prasad has called on Fiji Labour Party leader Mahendra Chaudhry to tell the truth and provide all the evidence that he was charged by the Fiji Independent Commission Against Corruption (FICAC) for filing false statutory declarations with the Registrar of Political Parties.
“You go and find out from him what is the truth,” Prof Prasad said when this newspaper asked him for his comments on Mr Chaudhry’s claims.
“Find out if he is telling the truth.
“That’s my comment, and where are his sources of information.”
Mr Chaudhry said a Board of Inquiry would reveal all.
Prof Prasad earlier told The Fiji Times that his lawyers had already communicated with FICAC and rejected any basis of charges.
Attempts to get comments from FICAC Commissioner Barbara Malimali proved futile.
“You go and find out from him what is the truth,” Prof Prasad said when this newspaper asked him for his comments on Mr Chaudhry’s claims.
“Find out if he is telling the truth.
“That’s my comment, and where are his sources of information.”
Mr Chaudhry said a Board of Inquiry would reveal all.
Prof Prasad earlier told The Fiji Times that his lawyers had already communicated with FICAC and rejected any basis of charges.
Attempts to get comments from FICAC Commissioner Barbara Malimali proved futile.
Here is the evidence, Biman!
Finance Minister Biman Prasad has challenged Labour Leader Mahendra Chaudhry to show proof of his claim that FICAC was on the point of laying charges against him when Malimali was appointed to avert this.
Prasad’s challenge on Page 3 of Fiji Times today followed Labour’s call that Biman be demoted to the backbench since FICAC was about to lay charges against him.
It is worrying that although Fiji Times gave such prominence to Prasad’s challenge, it had not bothered to run Labour’s original statement calling for him to be moved to the backbench. (FLP’s Facebook post 20/9/24).
The following is Mr Chaudhry’s response to Biman Prasad and the Fiji Times as a Letter to the Editor:
“I refer to your article on P3 of today’s Fiji Times with the headline “Biman challenges Chaudhry’s claim”.
I am surprised that you should run Biman Prasad’s comment without reporting the statement that I had made. In my statement I had said the Finance Minister should be relegated to the backbench considering that he was to have been charged by FICAC on 5 September 2024.
This was only averted when Barbara Malimali was suddenly appointed Commissioner FICAC that very day, putting a stop to the move by FICAC to charge him.
Of late I have noticed that although Fiji Times chooses not to run media statements issued by the Fiji Labour Party on matters relating to Biman Prasad, they are quick to run replies issued by Minister Prasad several days later with just a passing reference to Labour’s statement, if even that.
It shows unfair journalistic standards with a decided bias in favour of Mr Prasad, and a violation of the media code of ethics regarding independent and balanced coverage of news.
Biman Prasad challenges me to furnish evidence for my claim that FICAC was on the point of charging him when Malimali was appointed Commissioner. Her appointment stopped the charges being laid.
The controversy stirred by her appointment has prompted the Prime Minister to announce that he will soon appoint a board of inquiry “to put to rest the air of distrust surrounding her appointment”.
I hereby submit copy of a letter dated 5 September from then acting Deputy FICAC Commissioner Francis Puleiwai to the Minister for Justice Siromi Turaqa, informing him, as a matter of courtesy, that FICAC was going to charge Prasad that day (5 September) for filing false documents with the Registrar of Political Parties.
I quote: “The investigations … have been completed and based [on that] we will be laying charges against the Deputy Prime Minister and Minister for Finance the Honourable Biman Prasad today for multiple counts of declaration of assets, income and liabilities contrary to Section 24 (1)(b)(iv) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.”
The letter is widely circulating in the social media.
Biman’s claim that his lawyers reject the charges, is neither here nor there. It is for the courts, not his lawyers, to decide on the merit of the charges.”
Below: The FICAC letter to Justice Minister
Finance Minister Biman Prasad has challenged Labour Leader Mahendra Chaudhry to show proof of his claim that FICAC was on the point of laying charges against him when Malimali was appointed to avert this.
Prasad’s challenge on Page 3 of Fiji Times today followed Labour’s call that Biman be demoted to the backbench since FICAC was about to lay charges against him.
It is worrying that although Fiji Times gave such prominence to Prasad’s challenge, it had not bothered to run Labour’s original statement calling for him to be moved to the backbench. (FLP’s Facebook post 20/9/24).
The following is Mr Chaudhry’s response to Biman Prasad and the Fiji Times as a Letter to the Editor:
“I refer to your article on P3 of today’s Fiji Times with the headline “Biman challenges Chaudhry’s claim”.
I am surprised that you should run Biman Prasad’s comment without reporting the statement that I had made. In my statement I had said the Finance Minister should be relegated to the backbench considering that he was to have been charged by FICAC on 5 September 2024.
This was only averted when Barbara Malimali was suddenly appointed Commissioner FICAC that very day, putting a stop to the move by FICAC to charge him.
Of late I have noticed that although Fiji Times chooses not to run media statements issued by the Fiji Labour Party on matters relating to Biman Prasad, they are quick to run replies issued by Minister Prasad several days later with just a passing reference to Labour’s statement, if even that.
It shows unfair journalistic standards with a decided bias in favour of Mr Prasad, and a violation of the media code of ethics regarding independent and balanced coverage of news.
Biman Prasad challenges me to furnish evidence for my claim that FICAC was on the point of charging him when Malimali was appointed Commissioner. Her appointment stopped the charges being laid.
The controversy stirred by her appointment has prompted the Prime Minister to announce that he will soon appoint a board of inquiry “to put to rest the air of distrust surrounding her appointment”.
I hereby submit copy of a letter dated 5 September from then acting Deputy FICAC Commissioner Francis Puleiwai to the Minister for Justice Siromi Turaqa, informing him, as a matter of courtesy, that FICAC was going to charge Prasad that day (5 September) for filing false documents with the Registrar of Political Parties.
I quote: “The investigations … have been completed and based [on that] we will be laying charges against the Deputy Prime Minister and Minister for Finance the Honourable Biman Prasad today for multiple counts of declaration of assets, income and liabilities contrary to Section 24 (1)(b)(iv) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.”
The letter is widely circulating in the social media.
Biman’s claim that his lawyers reject the charges, is neither here nor there. It is for the courts, not his lawyers, to decide on the merit of the charges.”
Below: The FICAC letter to Justice Minister
LOTUS (Fiji) paid $95,239.89 on behalf of Biman Prasad and Rajni Chand's costs in the preparation of the Proposed 14 Flats Plan in 2015 |
*Now, it looks like Lotus (Fiji) is laying the ground work for the building of the 14 Flats (recent photos below).
*Did Biman Prasad sell the original plan for the 14 Flats to Lotus (Fiji) in which he is a 50% director since 2014.
*We don't believe the former Professor of Economics at the University of the South Pacific sold the Burerua St property at arms length as required by the law.
*We call on Prime Minister Sitiveni Rabuka to ask Prasad to resign as Finance Minister and both FICAC and Fiji Police to take both Prasad and his wife Rajni Chand into custody for questioning.
*As we revealed previously, the Burerua property was sold for $550,000 in exchange for Lotus (Fiji) to clear the couple's bank loan, pay their Capital Gains Tax, and for Rajni Chand to get 2 units in Westfield Villas, Legalega, Nadi.
*Worst, Biman Prasad never declared that Rajni Chand owned two villas worth $300,000 or that she jointly owned the Burerua St property.
*We have increasingly come to the conclusion that Rajni Kaushal Chand is not an innocent 'house wife' who was NOT aware that for ten years her husband lied in his declarations (2014-2024) regarding her ownership of their properties, shares etc
Fijileaks: We call on FICAC's investigating officers to file new charge against Fiji's FINANCE MINISTER BIMAN PRASAD for failing to declare in his statutory declarations that his wife Rajni Kaushal Chand owned two units (Units 7 & 9) worth $300,000 in 'Westfield Villas', Legalega, Nadi. |
*Despite obtaining a valuation after re-zoning in 2015 that Burerua St property, with proposed building of 14 flats, would be worth over $2.8 million, the couple sold the property in 2016 to Lotus (Fiji) and Sunil Chand for $550,000.
*Prasad is a full 50% shareholder in Lotus (Fiji).
*Let us do the figures, from sums obtained from Lotus (Fiji) ANZ Bank account, and other documents that we obtained in the course of our investigation into 'BIMANGATE'.
*As revealed below, Lotus (Fiji) pays on 25 March 2016, and 1 March 2016 the following:
*STAMP DUTY: $16,645.05
*ANZ Loan for Biman Prasad and Rajni Chand : $236,806.65
*Balance as Biman Prasad's Contribution: $296,548.30
TOTAL: $550,000.00
*What happened to Biman Prasad's $296,548.30 balance from $550,000?
On 4 May 2017, Rajni Kaushal Chand is transferred TWO UNITS ($150,000 each) to the sum of $300,000.
*Biman Prasad has not disclosed these two units in his Statutory Declarations from 2017 to 2024.
*He must be forced to RESIGN, and FICAC must charge him. Any interference from Barbara Malimali and Prasad's shadowy supporters should be referred to the Fiji Police, for attempting to pervert the cause of justice. In Malimali's role as new FICAC Commissioner, for Abuse of Office.
*Electoral offences are criminal in nature, with heavy fines and imprisonment. Prasad consistently and prolifically lied in his statutory declarations under the Political Parties Act 2013.
*We once again call on Prime Minister Sitiveni Rabuka to sack Prasad and hand him to Fiji Police for investigation for alleged tax offences.
*Yes, conduct an inquiry, but the investigation should establish which persons were behind preventing FICAC from arresting Biman Prasad.
*He must also be charged for failing to declare to the FEO that his wife, along with his chamca Ganesh Chand and Hirdesh Sharma, was (is) a TRUSTEE of the Global Girmit Institute. It is clear he had deliberately set out to LIE in his statutory declarations.
*He is not your ordinary man on the street. He is the so-called former Professor of Economics, was FRCS Board Member (2005-2006) and was Chairman of Public Accounts Committee from November 2014 to May 2017 when he was unceremoniously dumped by FFP, and replaced by FFP's Lands Minister Ashneel Sudhakar.
*How come he didn't remember his WIFE buying two units worth $300,00 from Lotus (Fiji) and Sunil Chand. Our sources claim that the couple are frequently at the 'Westfield Villas', for the 28 units have been sub-leased to Rajni Kaushal Chand.
*Biman Prasad with a security guard at the Westfield Villas', Legalega, Nadi.
ROLLING IN DOLLARS and yet got LOTUS (Fiji) to pay CGT of $34,6000
DOWN MEMORY LANE: In the late 1970s and early 80s, I was a prolific centre-forward for the multi-racial Raiwai-Rawaiqa soccer team, the Blue Leads. Some players and their supporters were from Burerua St. Growing up in Raiwaqa, we never heard anyone shouting on Burerua St, where we spent hours kicking the ball and 'groging': |
COMING UP: Biman Prasad and Rajni Kaushal Chand sold their Burerua St property to Lotus (Fiji) in which Prasad holds 50% shares.
*Basically, he sold the house to his own company Lotus (Fiji) for $550,000.
*Lotus (Fiji) paid on his behalf the Capital Gains Tax of $34,600 to FRCS.
*Lotus (Fiji) paid Prasad and his wife's ANZ loan of over $230,000.
*Lotus (Fiji) wrote off Biman Prasad's contribution of over $296,000 in exchange for two units in Westfield Villas, Legalega, Nadi.
*Biman Prasad never disclosed that his wife owns two units in Westfield Villas. He has never disclosed that the sub-leases to the 28 units were transferred to Rajni Kaushal Chand by Lotus co-director Sunil Chand.
*We call on FICAC to track down Fiji's Finance Minister and charge him.
*He has committed multiple breaches in his statutory declarations from 2014 to 2024 under the Political Parties Act 2013.
LOTUS (Fiji) Ltd in which Biman Prasad holds 50% shares paid from the company's Lotus ANZ Account No*************on 1/3/2016, 10/3/2016, 11/3/2016, 14/3/2016, and 31/3/2016 the following amounts for |
*There is a bit of confusion in the Valuation Report. The Valuer appears to be making an assessment of future value of $2.815million on completion of 14 flats but ends up saying 'on the date of inspection, 9 July 2015'.
*We can't see anywhere in the Report that he actually and separately declared the value of the Burerua property.
*Anyway, Biman Prasad sold it to himself (via Lotus (Fiji) and ANZ might have relied on the valuation to lend to Lotus (Fiji).
*In fact, although Biman Prasad failed to disclose in his statutory declaration for three consecutive years that the Burerua property was jointly owned by him and his wife Rajni Kaushal Chand, the couple jointly sold it to Lotus (Fiji) - the company in which he is 50% Director, for $550,000.
*The original owners on the Certificate of Title were Biman Prasad and his wife Rajni Chand. The mortgagee on title was ANZ Bank.
*Did Lotus (Fiji) purchase it unencumbered? Or they sought finance? *Was the funder ANZ as new registered mortgagee on the Title?
*If ANZ is on the title now, than did ANZ organise another valuation or did they rely on the same valuation ($2.815m) of future earnings and loans serviceability?
*The financials would show who the directors of Lotus (Fiji) were, one is Biman Prasad the vendor.
*Three years earlier, in 2013, Biman Prasad had applied to the Suva City Council for permission to build an extension to the Burerua St property, to the cost of $350,000
In March 2014, he saw the potential when he and his cousin SUNIL CHAND formed Lotus Construction (Fiji) Ltd. He accepted 5% shares in the company, and a year later, another 45%, making him a 50% shareholder, with Westfield Villas reportedly worth over $18million
Fijileaks Founding Editor-in-Chief to Prime Minister Sitiveni Rabuka, copied to
A-G Graham Leung, Sunday 15 September 2024:
*It is shocking that Barbara Malimali, despite being under FICAC's radar, was parachuted into the office as the new FICAC Commissioner. She should have been advised that her appointment would be put on hold until FICAC had completed its investigation into her case, no matter how frivolous and vexatious. Qiliho (convicted) and Pryde (still under suspension) were suspended until their cases were dealt with, and so were numerous others. It is like putting a pedophile in charge of a children's home - without any proper police check. You know, the Fiji public is NOT stupid. Biman tried to ride on the bandwagon that he was being victimised, and the charges were baseless. Rubbish."
*She had signed off the arrest and charging of Biman Prasad for multiple breaches of the Political Parties Act 2013 regarding the contents in his statutory declarations on a Monday.
*Barbara Malimali was only parachuted on Thursday afternoon as the newly appointed FICAC Commissioner. She had no legal powers to overrule Francis Puleiwai's decision to arrest and charge Prasad.
*We wonder if Graham Leung's vociferous support of Malimali's appointment and actions can be described as indirectly preventing Biman Prasad's arrest, and the charges he was facing.
*Below is another lie in his statutory declaration that we exposed. It is supported by the Valuers Report on the Burerua property, which was valued in 2015 at $2,815,000 but which the couple (Biman and Rajni) sold to Lotus (Fiji) for $550,000 in 2016.
*We will publish an analysis of the sale that smacks of alleged fraud, possibly involving FRCA regarding the Capital Gains Tax.
*Biman Prasad must be charged for lying about being the sole proprietor of the Burerua property. Although the couple sold 'Burerua' for $550,000 in 2016, Prasad, in his statutory declarations, had claimed that all his three houses had a combined value of $650,000.
SHORT-CHANGING FRCS AND TAXPAYERS OF FIJI
*As we revealed previously, Biman Prasad and his wife Rajni Kaushal Chand sold the Burerua St property at a staggering deflated price of $550,000 to Lotus (Fiji) in which Prasad has 50% shares.
*In fact, for the above proposed 14 flats, Biman Prasad (Lotus Fiji) had already paid architects, surveyors, and the valuer in 2016 before the couple sold off 'Burerua' for $550,000 in exchange for the clearance of loan and two units in Westfield Villa for Rajni Chand.
*Again, Biman Prasad has not disclosed the two units worth $300,000 in any of his statutory declarations and the FICAC investigating officers should file additional charges, and arrest, for they already have the authorised order from the then acting FICAC Deputy Commissioner.
*Barbara Malimali and her shadowy string pullers have no power to stop FICAC legal team, for if Malimali and her side-kicks attempt to interfere, they should be handed to the Fiji Police for attempting to pervert the cause of justice. FICAC's Fugitive Prasad must be apprehended, charged and presented before the court, where he can defend himself.
*JUSTICE DELAYED IS JUSTICE DENIED. HARIBOL, HARIBOL.
COMING SOON: A year previously, in July 2015, the Burerua St property had been valued at over $2.8million on behalf of the ANZ Banking Group Ltd. |
HARIBOL: On Saturday, Fiji's Finance Minister, Deputy Pradhan Mantri (DPM) and NFP leader met the former FRCS CEO, and Hare Krishna devotee, VISVANATH DAS. It was on behalf of Dass that FRCS had acknowledged the $34,600 from Lotus Construction (Fiji) Ltd in 2016.
“Srila Prabhupada’s teachings, rooted in the timeless wisdom of Bhagavad-Gita and Srimad-Bhagavatam, offer profound insights into the nature of the soul, the importance of living a life of integrity, and the pursuit of true happiness.”
Prasad speaking at the celebration of International Society of Krishna Consciousness (ISKCON) Fiji's 50th anniversary celebration in Toorak, Suva. Biman Prasad added the National Development Plan 2025-2029 and Vision 2050 will be launched on Tuesday (17th September).
By RICHARD NAIDU
Capital Gains Tax Decree 2011
25 May 2011
Category : Taxation and stamp duty
Introduction
1. Capital Gains Tax (CGT) now applies in Fiji. The Capital Gains Tax Decree 2011(Decree) was published on 16 May 2011 and its effect is backdated to 1 May 2011. Those parts of the Land Sales Act taxing profits on land sales have been repealed.
2. The Decree imposes CGT at the rate of 10% on capital gains on the disposal of certain capital assets. The Decree will impact many capital disposals. Owners of affected assets now need to consider the CGT consequences of sale/disposal of those assets. The Decree is also likely to increase the time it takes to settle land transactions.
3. Two broad features to note are:
(a) the cost of capital assets for CGT purposes is not indexed in any way. It is understood that the policy reasons for this are to ensure simplicity in the application of the tax, the “trade-off” being the relatively low tax rate applied
(b) Fiji CGT is a transaction tax rather than a form of income tax. Capital gains do not form part of assessable income (and accordingly cannot be offset by deductions for usual expenditure, etc). Affected capital disposals are taxed separately and must be returned for separately.
What gains are taxed
4. Gains made on the disposal of capital assets are taxed. A capital asset is defined to include:
(a) land, buildings and improvements on land, and any interest in land such as a lease
(b) vessels of over 100 tonnes
(c) yachts and aircraft
(d) shares and other financial assets
(e) intangible assets and
(f) an option, right or interest in any of the above assets.
Assets that are trading stock for the purposes of the Income Tax Act (ITA) are excluded.
Residency issues
Residents
5. A resident is taxed on the capital gain made on the disposal of capital assetswherever located. A resident for the purposes of the Decree means a “resident” as defined in the ITA1, a resident trust and a resident partnership. So, for example, a Fiji resident must pay CGT on the disposal of an asset if it is located overseas2. Some exemptions are available to residents (see below).
Non-residents
6. A non-resident pays CGT only on capital assets that are Fiji assets. Fiji assets are defined to mean:
(a) land, structural improvements to land, or an interest in land or structural improvement to land, including a lease where the land is located in Fiji
(b) a share in a company, or interest in partnership or trust, if the assets of the company, partnership, or trust are solely or principally Fiji assets under the above paragraph
(c) a capital asset of a fixed place of business in Fiji
(d) a share, security, equity, or other financial asset issued by a resident person
(e) an interest in a resident partnership or resident trust or
(f) an option, right or other interest in an asset referred to in above
So CGT applies if, for example, an Australian company sells shares in a Fiji subsidiary.
Important concepts
7. CGT is levied on capital gains on the disposal of capital assets, other than an exempt capital gain. A capital gain for the purposes of the Decree is defined as consideration received on the disposal less the cost of the asset at the time of the disposal. So the concepts of disposal, consideration received and cost in the context of the Decree are important.
Disposal
There is a disposal of an asset when a ‘person parts with the ownership’ of it. This includes when the asset is exchanged, transferred, distributed, cancelled, redeemed, relinquished, destroyed, lost, expired or surrendered. So loss of a building by fire would be a disposal.
Consideration received
9. Consideration received is the total amount received by a person for the asset including the fair market value of any consideration received in kind. Consideration received for an asset that has been lost or destroyed includes any compensation, indemnity or damages received. If FRCA considers a transaction to be non-arm’s-length, FRCA may deemed it disposed of at fair market value (meaning “ordinary open market value”).
Cost
10. Cost includes consideration paid for the asset or its development, including construction costs, incidental expenditure in acquiring or disposing of it and expenditure incurred in installing, renewing or improving it. So it becomes more important to ensure good record-keeping of expenditure which may qualify as “cost(s)” for CGT purposes.
Exemptions
11. Certain capital gains are exempt from tax including:
(a) in case of a resident individual or a Fiji citizen, a gain below F$20,000
(b) a gain on the disposal of an individual’s principal place of residence if it was the individual’s residence during the whole of the period the individual owned it3
(c) a gain made on the disposal of shares listed on the South Pacific Stock Exchange.
Deferral
12. Recognition of a capital gain is deferred (to when the asset is later disposed of):
(a) in the case of loss, destruction or compulsory acquisition, where consideration received is reinvested within one year of receipt to replace the asset disposed of
(b) for matrimonial settlements
(c) for transfers of property after death.
Administration
CGT returns and payment
13. A person liable for CGT is required to pay the amount of CGT and file a CGT return within 30 days of the disposal of the capital asset. The Tax Administration Decree applies to the Decree, meaning the same procedures apply to collection, enforcement and disputes concerning CGT as with other taxes.
Land registration
14. The Decree prohibits the Registrar of Titles from registering a transfer unless s/he receives a certificate from the CEO of FRCA stating that either CGT is not payable or it has been paid or satisfactory arrangements for its payment has been made. We have not been told what arrangements will be made for timely delivery of certificates. This issue has the potential to slow real property settlements.
Conclusion and comment
15. The wisdom of imposing CGT at this time will no doubt be a matter of debate. The Decree will impact many capital asset transactions. CGT consequences must now be considered before considering these transactions. The returns and payment requirements are also potentially burdensome, as is possible delay, especially in land transactions, that the administration of this Decree may cause.
16. On the “plus” side is the possibility that sales of capital assets will result in fewer disputes with FRCA in respect of income tax (FRCA has been quick to issue aggressive income tax assessments for “dealing” in respect of those sales) and Land Sales Tax. In theory it is now more certain that these sales will be taxed at 10% of gain and no more. Time will tell.
Contact
Richard Naidu
Partner
Direct Dial +679 322 1816
[email protected]
Capital Gains Tax Decree 2011
25 May 2011
Category : Taxation and stamp duty
Introduction
1. Capital Gains Tax (CGT) now applies in Fiji. The Capital Gains Tax Decree 2011(Decree) was published on 16 May 2011 and its effect is backdated to 1 May 2011. Those parts of the Land Sales Act taxing profits on land sales have been repealed.
2. The Decree imposes CGT at the rate of 10% on capital gains on the disposal of certain capital assets. The Decree will impact many capital disposals. Owners of affected assets now need to consider the CGT consequences of sale/disposal of those assets. The Decree is also likely to increase the time it takes to settle land transactions.
3. Two broad features to note are:
(a) the cost of capital assets for CGT purposes is not indexed in any way. It is understood that the policy reasons for this are to ensure simplicity in the application of the tax, the “trade-off” being the relatively low tax rate applied
(b) Fiji CGT is a transaction tax rather than a form of income tax. Capital gains do not form part of assessable income (and accordingly cannot be offset by deductions for usual expenditure, etc). Affected capital disposals are taxed separately and must be returned for separately.
What gains are taxed
4. Gains made on the disposal of capital assets are taxed. A capital asset is defined to include:
(a) land, buildings and improvements on land, and any interest in land such as a lease
(b) vessels of over 100 tonnes
(c) yachts and aircraft
(d) shares and other financial assets
(e) intangible assets and
(f) an option, right or interest in any of the above assets.
Assets that are trading stock for the purposes of the Income Tax Act (ITA) are excluded.
Residency issues
Residents
5. A resident is taxed on the capital gain made on the disposal of capital assetswherever located. A resident for the purposes of the Decree means a “resident” as defined in the ITA1, a resident trust and a resident partnership. So, for example, a Fiji resident must pay CGT on the disposal of an asset if it is located overseas2. Some exemptions are available to residents (see below).
Non-residents
6. A non-resident pays CGT only on capital assets that are Fiji assets. Fiji assets are defined to mean:
(a) land, structural improvements to land, or an interest in land or structural improvement to land, including a lease where the land is located in Fiji
(b) a share in a company, or interest in partnership or trust, if the assets of the company, partnership, or trust are solely or principally Fiji assets under the above paragraph
(c) a capital asset of a fixed place of business in Fiji
(d) a share, security, equity, or other financial asset issued by a resident person
(e) an interest in a resident partnership or resident trust or
(f) an option, right or other interest in an asset referred to in above
So CGT applies if, for example, an Australian company sells shares in a Fiji subsidiary.
Important concepts
7. CGT is levied on capital gains on the disposal of capital assets, other than an exempt capital gain. A capital gain for the purposes of the Decree is defined as consideration received on the disposal less the cost of the asset at the time of the disposal. So the concepts of disposal, consideration received and cost in the context of the Decree are important.
Disposal
There is a disposal of an asset when a ‘person parts with the ownership’ of it. This includes when the asset is exchanged, transferred, distributed, cancelled, redeemed, relinquished, destroyed, lost, expired or surrendered. So loss of a building by fire would be a disposal.
Consideration received
9. Consideration received is the total amount received by a person for the asset including the fair market value of any consideration received in kind. Consideration received for an asset that has been lost or destroyed includes any compensation, indemnity or damages received. If FRCA considers a transaction to be non-arm’s-length, FRCA may deemed it disposed of at fair market value (meaning “ordinary open market value”).
Cost
10. Cost includes consideration paid for the asset or its development, including construction costs, incidental expenditure in acquiring or disposing of it and expenditure incurred in installing, renewing or improving it. So it becomes more important to ensure good record-keeping of expenditure which may qualify as “cost(s)” for CGT purposes.
Exemptions
11. Certain capital gains are exempt from tax including:
(a) in case of a resident individual or a Fiji citizen, a gain below F$20,000
(b) a gain on the disposal of an individual’s principal place of residence if it was the individual’s residence during the whole of the period the individual owned it3
(c) a gain made on the disposal of shares listed on the South Pacific Stock Exchange.
Deferral
12. Recognition of a capital gain is deferred (to when the asset is later disposed of):
(a) in the case of loss, destruction or compulsory acquisition, where consideration received is reinvested within one year of receipt to replace the asset disposed of
(b) for matrimonial settlements
(c) for transfers of property after death.
Administration
CGT returns and payment
13. A person liable for CGT is required to pay the amount of CGT and file a CGT return within 30 days of the disposal of the capital asset. The Tax Administration Decree applies to the Decree, meaning the same procedures apply to collection, enforcement and disputes concerning CGT as with other taxes.
Land registration
14. The Decree prohibits the Registrar of Titles from registering a transfer unless s/he receives a certificate from the CEO of FRCA stating that either CGT is not payable or it has been paid or satisfactory arrangements for its payment has been made. We have not been told what arrangements will be made for timely delivery of certificates. This issue has the potential to slow real property settlements.
Conclusion and comment
15. The wisdom of imposing CGT at this time will no doubt be a matter of debate. The Decree will impact many capital asset transactions. CGT consequences must now be considered before considering these transactions. The returns and payment requirements are also potentially burdensome, as is possible delay, especially in land transactions, that the administration of this Decree may cause.
16. On the “plus” side is the possibility that sales of capital assets will result in fewer disputes with FRCA in respect of income tax (FRCA has been quick to issue aggressive income tax assessments for “dealing” in respect of those sales) and Land Sales Tax. In theory it is now more certain that these sales will be taxed at 10% of gain and no more. Time will tell.
Contact
Richard Naidu
Partner
Direct Dial +679 322 1816
[email protected]
*LOTUS (Fiji), the company in which he has 50% shares, illegally paid his Capital Gains Tax when the couple (Biman Chand Prasad and Rajni Kaushal Chand - Vendors) sold their 'Burerua St Property' in Suva to Lotus (Fiji) in 2016 for $550,000.
*What about his wife Rajni, for if a capital asset is jointly owned by two or more persons, any capital gain made on disposal of the asset must be apportioned among the owners according to their respective interests in the asset.
*We call on Prime Minister Sitiveni Rabuka to SACK Biman Prasad as Finance Minister and line manager of Fiji Revenue and Collection Services (FRCS) and order a full audit of the tax affairs of Biman Prasad, Rajni Kaushal Chand, Lotus Construction (Fiji) Ltd and the co-director Sunil Chand.
*FICAC must take Biman Prasad into custody and charge him for the multiple breaches in his statutory declarations under the Political Parties Act.
*The charges are NOT BASELESS despite his 'panni-wallah' lawyer(s) informing FICAC. In fact, these lawyers must be charged for attempting to pervert the cause of justice unless Biman Prasad never revealed his shenanigans' at Lotus (Fiji).
Lotus (Fiji) pays FRCS Biman Prasad's Capital Gains Tax, 11 March 2016
TRADING VILLAS: LOTUS (Fiji) gave Rajni Chand Two Units (9 and 11) in exchange when the couple sold 'Burerua' to Lotus (Fiji) for $550,000 and allegedly cleared Biman Prasad's outstanding ANZ Bank Loan, and also paid on his behalf the Capital Gains Tax. FULL STORY in another instalment. Biman Prasad did not declare in his statutory declarations from 2016 to 2024 that his wife owns TWO UNITS in Westfield Villas.
Fijileaks to FICAC and Stiveni Rabuka: Biman Prasad MUST be CHARGED, and SACKED from Coalition government as Fiji's Finance Minister and Deputy Prime Minister.
*In the course of our expose, we will reveal, backed by incontrovertible evidence from inside the vaults of FRCS, how Lotus (Fiji), the company in which he has 50% shares, illegally paid his Capital Gains Tax, when the couple (Biman Chand Prasad and Rajni Kaushal Chand) sold their 'Burerua Property' to Lotus (Fiji) in 2016 for $550,000.
*For three years, Prasad lied in his statutory declarations (2014, 2015, and 2016) that he was the sole owner of 'Burerua Property'.
*FIJI, we will reveal the revenue loss to FRCS when he was gifted 5% +45%=50% shares in Lotus (Fiji) without having contributed a cent. We will reveal how investors who were allegedly duped into buying units in the 'Westfield Villa Project' have been evicted by Lotus (Fiji) without any compensation. We will reveal how Lotus (Fiji), having failed to provide sub-leases to the Australian investors (mostly Indo-Fijians), has been repeatedly blaming the I-Taukei Land Trust Board for not providing Lotus (Fiji) the 'STRATA TITLE'.
*We will reveal how Biman Prasad has NOT disclosed in his statutory declarations that his wife Rajni owns TWO UNITS at 'Westfield Villas' at Legalega, Nadi, in part-exchange for selling to Lotus (Fiji), with her husband, the 'Burerua Property' for $550,000.
*We have calculated that FRCS has been allegedly short-changed $830,000 in taxes.
*We will reveal more, Fiji, and call for the RFMF to take PRASAD into custody if the Coalition government and FICAC Commissioner continue to protect him.
LOTUS CONSTRUCTION (Fiji) Ltd: Biman Prasad's Journey With Lotus
On 25 January 2008, one SUNIL CHAND, director of Lotus Construction Pty Ltd (Australian registered private company) residing in Sydney, bought a piece of land in Legalega, Nadi, from the Legalega Development Limited (LDL). It obtained the land on 21 September 2007. The LDL was registered on 9 August 2000 with the place of business as Lot 2, Nokonoko Rd, Laucala Beach Estate, Nasinu, by Dynex Holdings Pte Ltd, the ultimate holding company. Dynex was registered on 11 February 2000 by Umendra Kumar, 13 Pathik Crescent, Namadi Heights, Suva, and Parveen Prakash, Lot 2, Nokonoko Rd, Nasinu. Kumar and Prakash were the two directors. Legalega Development transferred the land to Sunil Chand on 25 January 2008, who registered it with the Registrar of Titles on 11 November 2014 (issued on 27 January 2015), mortgaging it with ANZ Bank on 12 February 2015. As we will see later, Sunil Chand entered into a lease agreement with the Itaukei Land Trust Board (ILTB).
Sunil is the first cousin of NFP leader and Fiji’s Finance Minister BIMAN PRASAD. We will refer to the two by their first names throughout this investigation. Both were born in Labasa, with Sunil moving to Australia, where he obtained a builder’s certificate after enrolling in TAFE NSW. Sunil initially entered the building construction business as a sole trader and, on 2 April 2002, registered Lotus Construction (Australia) Ltd, ABN 39 098 314 080. In one building tribunal case brought against him by his clients, he claimed he was a carpenter in Fiji before moving to Australia.
Although it is not apparent when Sunil and Biman got the idea to form Lotus Construction (Fiji) Ltd, whether over hot chilly lamb chop curry and rice, they registered the company on 15 March 2014 with the Registrar of Companies in Suva. APNR Partners, Business Consultants & Chartered Accountants, Suva, presented the Memorandum of Association (MOA) & Articles of Association (AOA) of Lotus Construction (Fiji) Ltd. Sunil and Biman’s nephew Krishil Kumar, an active employee of the HFC bank, witnessed the MOA and AOA signatures of his uncles Biman Chand Prasad and Sunil Chand. The two Directors of Lotus (Fiji) were Biman and Sunil.
The two company directors disclosed the following number of shares in Lotus (Fiji): Biman Chand Prasad (5) Five and Sunil Chand (95) Ninety-Five. There is no evidence of what consideration Biman provided for the 5% shares or whether it was a gift from Sunil. His statutory declarations from 2014-2024 are silent on the matter. If the shares were a gift, Biman must disclose them to the Supervisor of Elections under the Political Parties Act 2013.
On or about 28 January 2015 (crossed out and reads 28th day of January 2016), Sunil entered into a commercial lease agreement with the ILTB in consideration of $80,000 for the land Legalega (part of) on SO 5571 on Lot 1 in the tikina of Nadi, and in the province of Ba, with an area of 5521m2. The mataqai Vunaivi Tokatoka Nadrau are the landowning unit. The lease is from the first day of July 2015 for 99 years, with the lessee (Sunil) paying to the lessor (ILTB) ‘the yearly rent of Two Thousand Dollars ($2,000) half yearly in advance on the first days of January and July in every year subject to reassessment as hereinafter provided’.
On 5 February 2016, the Registrar of Titles affixed signature cites the iTaukei Lease No 32593 to Sunil Chand. However, the ILTB categorically stated that the land in question was to be used only for the erection of Residential accommodations and their subsequent use for Commercial purposes.
Chasing Investors in Australia.
As we pointed out in our 6 September posting, ‘Lotus (Fiji) sold Nirvana Villas to Investors’, Lotus (Fiji) drew up a ‘Development Proposal and Concept Plan for Lot 1, Westfield Sub-Division, NLTB 8/10/45 and began seeking for investors. It targeted former Indo-Fijians living in Australia, convincing them that the two-bedroom units were ideal as holiday homes. It was a relatively easy concept for investors looking for a lifestyle purchase to share their lives with friends and family back in Fiji. Later, Sunil informed the Fiji media: ‘The villas are targeted at former residents who wish to return to Fiji, those who want to own a holiday house, and those who want to retire in Fiji. The villas are in a prime location, built on native land in the Westfield. We will sell the villas for about $200,000, and offers are coming in slowly. Some people have already booked their villa and made their deposit.’
Biman bought two units of Off-The-Plan, but there is no proof that he paid for the two units (10 and 11) as a five per cent shareholder in the company. He did not declare in his statutory declarations that he owned two villa units.
Property investors or property speculators often purchase off-the-plan property intending to make substantial capital gains. Lotus (Fiji) told prospective Indo-Fijian investors that the Concept Plan's purpose was ‘to request TLTB to issue One Head Lease and 30 sub-leases to the owners of 30 Villas constructed on i-Taukei land’.
Suresh Chandra of MC Lawyers drew up the Off-The-Plan Sale and Purchase Agreement. He is the former Fiji Electoral Commission chair and disgraced lawyer who was not long ago disbarred from practising after being found guilty of defrauding his trust account clients of over $2 million in unrecorded money.
The Sale Agreement was between Sunil Chand (Vendor) and the Purchaser(s). The Lot was 42 square meters of land. It was to be delivered to the purchaser as a sub-lease of native land, being the subject, however, to such encumbrances, liens, and interest implied in leases under the Property Law Act of Fiji.
*Purchase price (exclusive of value tax) was $150,000.
*Deposit - 10% of the purchase price - $15,000.
* Balance of Purchase Price—40 % close up (slab, external walls, and roofs). $60,000.
*And 50% on completion (handover) - $75,000.
Total: $150,000.
The investors signed contracts with Sunil between February and April 2014. Most were Indo-Fijians living in Australia, with three residing in Fiji, including Biman Chand Prasad. As we pointed out, Biman bought the two units off-the-plan on 12 March 2014. Three days later, on 15 March, Biman and Sunil registered Lotus Construction (Fiji) Ltd. Biman was gifted a five per cent share of the company. Yet, in his statutory declarations, for 2014 and 2015, he vaguely stated that he owned $85,000 worth of shares, and in subsequent declarations claimed, ‘one-third share in 1 company and 50% share in another’. It fell on Fijileaks to unravel the identities of his shares in the companies, and also to reveal that he totally omitted to disclose that he was a 30% shareholder in Platinum Hotels & Resorts Ltd, a company that had contributed over $2 million towards the construction of the 'Westfield Villas' at Legalega, Nadi.
Sunil and an investor signed the first sale and purchase agreement on 17 November 2013, the rest on 24-26 February 2014, 3rd, 4th, 6th, 7th, 12th March, and two on 13-14 April 2014. A total of 18 investors signed up to purchase the Westfield Villas, with Lotus (Fiji) obtaining $1.5 million from them. Sunil collected the deposits and progress payments in Australia and Fiji.
Sunil’s tax returns and Lotus’s income tax returns for the financial years 2014 to 2017 do not show any income received from the sale of units to Australian investors. It is normally expected that a company or an individual (an entity) selling real estate would hold the deposits in the solicitor’s trust account and cannot access the funds until settlement is complete. A Nadi law firm were the solicitors for Sunil and Lotus. We are yet to collect evidence from the solicitors the basis on which the funds held were released to Sunil and Lotus before settlement. Also, the funds collected by Sunil directly from the Australian investors were deposited in the Solicitors Trust Account.
Furthermore, the income from sale of a property by a developer is recorded as income, either on an accrual or cash basis, and is considered assessable income for tax purposes for the developer in the relevant year. Accrual income is record when an invoice or a notice of payment request has been sent to the payee and cash income is recorded when cash physically received. Lotus (Fiji) should have reported income from the investors as cash or accrual. However, Fijileaks needs to establish the income that Lotus (Fiji) or Sunil recorded in their financials and tax returns from 2014 to 2017.
We wonder if Biman and Sunil had ever reported this money received to FRCA, currently led by the New Zealander ‘doodwallah-soodoowallah’ Udit Singh.
Hence began the construction of 28-unit two-bedroom villas at Legalega, with Sunil Chand on completion in 2015, claiming it cost him (omitting to mention Biman) $4 million.
Fijileaks investigation suggests the total cost was around $6.5million.
Next instalment: The truth behind the total cost and the financiers behind ‘Westfield Villas’. Biman Chand Prasad did not contribute a single cent to the ‘$4 million villa project’. And he ended up holding 50 per cent shares in Lotus (Fiji) Ltd.
Sunil is the first cousin of NFP leader and Fiji’s Finance Minister BIMAN PRASAD. We will refer to the two by their first names throughout this investigation. Both were born in Labasa, with Sunil moving to Australia, where he obtained a builder’s certificate after enrolling in TAFE NSW. Sunil initially entered the building construction business as a sole trader and, on 2 April 2002, registered Lotus Construction (Australia) Ltd, ABN 39 098 314 080. In one building tribunal case brought against him by his clients, he claimed he was a carpenter in Fiji before moving to Australia.
Although it is not apparent when Sunil and Biman got the idea to form Lotus Construction (Fiji) Ltd, whether over hot chilly lamb chop curry and rice, they registered the company on 15 March 2014 with the Registrar of Companies in Suva. APNR Partners, Business Consultants & Chartered Accountants, Suva, presented the Memorandum of Association (MOA) & Articles of Association (AOA) of Lotus Construction (Fiji) Ltd. Sunil and Biman’s nephew Krishil Kumar, an active employee of the HFC bank, witnessed the MOA and AOA signatures of his uncles Biman Chand Prasad and Sunil Chand. The two Directors of Lotus (Fiji) were Biman and Sunil.
The two company directors disclosed the following number of shares in Lotus (Fiji): Biman Chand Prasad (5) Five and Sunil Chand (95) Ninety-Five. There is no evidence of what consideration Biman provided for the 5% shares or whether it was a gift from Sunil. His statutory declarations from 2014-2024 are silent on the matter. If the shares were a gift, Biman must disclose them to the Supervisor of Elections under the Political Parties Act 2013.
On or about 28 January 2015 (crossed out and reads 28th day of January 2016), Sunil entered into a commercial lease agreement with the ILTB in consideration of $80,000 for the land Legalega (part of) on SO 5571 on Lot 1 in the tikina of Nadi, and in the province of Ba, with an area of 5521m2. The mataqai Vunaivi Tokatoka Nadrau are the landowning unit. The lease is from the first day of July 2015 for 99 years, with the lessee (Sunil) paying to the lessor (ILTB) ‘the yearly rent of Two Thousand Dollars ($2,000) half yearly in advance on the first days of January and July in every year subject to reassessment as hereinafter provided’.
On 5 February 2016, the Registrar of Titles affixed signature cites the iTaukei Lease No 32593 to Sunil Chand. However, the ILTB categorically stated that the land in question was to be used only for the erection of Residential accommodations and their subsequent use for Commercial purposes.
Chasing Investors in Australia.
As we pointed out in our 6 September posting, ‘Lotus (Fiji) sold Nirvana Villas to Investors’, Lotus (Fiji) drew up a ‘Development Proposal and Concept Plan for Lot 1, Westfield Sub-Division, NLTB 8/10/45 and began seeking for investors. It targeted former Indo-Fijians living in Australia, convincing them that the two-bedroom units were ideal as holiday homes. It was a relatively easy concept for investors looking for a lifestyle purchase to share their lives with friends and family back in Fiji. Later, Sunil informed the Fiji media: ‘The villas are targeted at former residents who wish to return to Fiji, those who want to own a holiday house, and those who want to retire in Fiji. The villas are in a prime location, built on native land in the Westfield. We will sell the villas for about $200,000, and offers are coming in slowly. Some people have already booked their villa and made their deposit.’
Biman bought two units of Off-The-Plan, but there is no proof that he paid for the two units (10 and 11) as a five per cent shareholder in the company. He did not declare in his statutory declarations that he owned two villa units.
Property investors or property speculators often purchase off-the-plan property intending to make substantial capital gains. Lotus (Fiji) told prospective Indo-Fijian investors that the Concept Plan's purpose was ‘to request TLTB to issue One Head Lease and 30 sub-leases to the owners of 30 Villas constructed on i-Taukei land’.
Suresh Chandra of MC Lawyers drew up the Off-The-Plan Sale and Purchase Agreement. He is the former Fiji Electoral Commission chair and disgraced lawyer who was not long ago disbarred from practising after being found guilty of defrauding his trust account clients of over $2 million in unrecorded money.
The Sale Agreement was between Sunil Chand (Vendor) and the Purchaser(s). The Lot was 42 square meters of land. It was to be delivered to the purchaser as a sub-lease of native land, being the subject, however, to such encumbrances, liens, and interest implied in leases under the Property Law Act of Fiji.
*Purchase price (exclusive of value tax) was $150,000.
*Deposit - 10% of the purchase price - $15,000.
* Balance of Purchase Price—40 % close up (slab, external walls, and roofs). $60,000.
*And 50% on completion (handover) - $75,000.
Total: $150,000.
The investors signed contracts with Sunil between February and April 2014. Most were Indo-Fijians living in Australia, with three residing in Fiji, including Biman Chand Prasad. As we pointed out, Biman bought the two units off-the-plan on 12 March 2014. Three days later, on 15 March, Biman and Sunil registered Lotus Construction (Fiji) Ltd. Biman was gifted a five per cent share of the company. Yet, in his statutory declarations, for 2014 and 2015, he vaguely stated that he owned $85,000 worth of shares, and in subsequent declarations claimed, ‘one-third share in 1 company and 50% share in another’. It fell on Fijileaks to unravel the identities of his shares in the companies, and also to reveal that he totally omitted to disclose that he was a 30% shareholder in Platinum Hotels & Resorts Ltd, a company that had contributed over $2 million towards the construction of the 'Westfield Villas' at Legalega, Nadi.
Sunil and an investor signed the first sale and purchase agreement on 17 November 2013, the rest on 24-26 February 2014, 3rd, 4th, 6th, 7th, 12th March, and two on 13-14 April 2014. A total of 18 investors signed up to purchase the Westfield Villas, with Lotus (Fiji) obtaining $1.5 million from them. Sunil collected the deposits and progress payments in Australia and Fiji.
Sunil’s tax returns and Lotus’s income tax returns for the financial years 2014 to 2017 do not show any income received from the sale of units to Australian investors. It is normally expected that a company or an individual (an entity) selling real estate would hold the deposits in the solicitor’s trust account and cannot access the funds until settlement is complete. A Nadi law firm were the solicitors for Sunil and Lotus. We are yet to collect evidence from the solicitors the basis on which the funds held were released to Sunil and Lotus before settlement. Also, the funds collected by Sunil directly from the Australian investors were deposited in the Solicitors Trust Account.
Furthermore, the income from sale of a property by a developer is recorded as income, either on an accrual or cash basis, and is considered assessable income for tax purposes for the developer in the relevant year. Accrual income is record when an invoice or a notice of payment request has been sent to the payee and cash income is recorded when cash physically received. Lotus (Fiji) should have reported income from the investors as cash or accrual. However, Fijileaks needs to establish the income that Lotus (Fiji) or Sunil recorded in their financials and tax returns from 2014 to 2017.
We wonder if Biman and Sunil had ever reported this money received to FRCA, currently led by the New Zealander ‘doodwallah-soodoowallah’ Udit Singh.
Hence began the construction of 28-unit two-bedroom villas at Legalega, with Sunil Chand on completion in 2015, claiming it cost him (omitting to mention Biman) $4 million.
Fijileaks investigation suggests the total cost was around $6.5million.
Next instalment: The truth behind the total cost and the financiers behind ‘Westfield Villas’. Biman Chand Prasad did not contribute a single cent to the ‘$4 million villa project’. And he ended up holding 50 per cent shares in Lotus (Fiji) Ltd.
COMING SOON: How Lotus (Fiji) Ltd owned by Biman Prasad and Sunil Chand demolished 'Burerua Property' in 2017 after buying it off the couple (Biman and Rajni) and are building 14 FLATS on the site
The original house has been demolished with plans to build 14 FLATS
From Fijileaks Archive 26 August 2024
Fijilleaks: We also call on Coalition government to review the appointment of Biman Prasad's NZ buddy Udit Singh as FRCS CEO. Although Singh was not at FRCS in 2006 when Lotus (Fiji) paid Biman Prasad's Capital Gains Tax, he must be asked to step down for FRCS auditors to carry out a thorough audit of the tax affairs of Prasad, Rajni Chand, Sunil Chand, and Lotus (Fiji) Ltd
[email protected]
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