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Tuesday, February 09, 2010  / 4:51:37 PM

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Published: Friday, May 30, 2003
Bylined to: David Coleman

GLOBOVISION goes ballistic after bailiffs turn up demanding payment of taxes

Venezuela's politically opposition-loaded 24/7 TV news channel, GLOBOVISION has gone ballistic after bailiffs turned up at the studios demanding payment of taxes running into millions of bolivares.  Accompanied by a court official, telecommunications regulatory authority CONATEL lawyers were immediately subjected to abuse by broadcast legal staffers who claimed they'd been given 25 days grace from May 16 to present an appeal to the Infrastructure (MINFRA) Ministry.  Globovision lawyer Moises Vallenilla claims government authorities are "attempting to intimidate news channel employees" by raising the taxation demand in the first place.

Insiders say that Globovision is attempting to thwart tax collectors after joining a widely-broadcast call to refuse to pay taxes as a direct result of the political opposition's failure to overthrow the Chavez Frias government in a 2-month work stoppage that attempted to cripple the nation's economy.  Valenilla, however, says that Globovision does not owe as much as one cent until all the lengthy legal processes have been completed ... and it's his declared intent to string things out as long as the legal system can be manipulated in Globovision's favor.

CONATEL executives, however, respond saying that they are obliged in law to supervise and ensure that all legal requirements are met by the TV broadcaster and that they would be failing in their duty to the nation if they did not pursue payment of taxes as required in law.

Valenilla, for his part, says "the unusual about this situation is that they are practically saying to us, either you accept this notification signed by Conatel chief Jesse Chacon or we will proceed using other means without explaining what they mean by the threat!"

"What we do not understand is how CONATEL is seeking to be paid, urging Globovision to pay quantities of money which are not yet defined and which are still under discussion ... this is simply a new attitude of aggression on the part of Conatel."

Globovision director general Alberto Federico Ravell says it is "exceedingly strange" that Conatel "should descend out of the blue on us just the same day as the government and the opposition is signing a peace agreement."  He adds that he views the tax-gathering procedure as being "a completely illegitimate and illegal attack on the TV station ... if this is the beginning of a peace accord, we are on the wrong road."

CONATEL's Jesse Chacon insists that Globovision must pay proper taxes in accordance with the Organic Tax Code as established in the 1999 Constitution.  Globovision counters that the law appears to allow them a period of grace until June 20, although they have already stated publicly that they'll take it all the way to the Supreme Tribunal of Justice (TSJ) is they have to...

"What we have here is that Globovision is attempting to refuse the service of proper court documents related to the tax debt and have blocked the bailiffs and court officials from entering the building ... it is a completely normal legal procedure that's applied to any person or business that is considered to be indebted to the IRS/Seniat ... there can be no exceptions."

"The law stipulates that Globovision must pay what is due to the taxman and then, if they feel unjustly treated, they can launch any appeals procedure direct to the IRS/Seniat or, failing agreement, they may resort to the courts to settle the matter ... "the point is that they must pay the taxes and any fines imposed for their failure to pay on time!  It's a simple matter that they pay up or we will be forced to take them to court just like any other tax evader."

"Conatel lawyers have ratified the institution's position and notified Globovision, indicating the legal mechanism they must follow if they are not in agreement ... but they must pay their taxes, it's as simple as that!"

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Patrick J. O'Donoghue
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