Debate Over Sales Tax vs. Gross Receipt Tax Leaves Senators Seeking Answers

Sen. Kurt Vialet listens to and answers IRB Director Joel Lee at Tuesday’s hearing. (Photo from V.I. Legislature livestream)

On Tuesday, senators questioned Gov. Albert Bryan Jr.’s financial team about whether a sales tax was better for the territory than a gross receipt tax. Everyone agreed that more study was needed.

Sen. Angel Bolques was first to point out that the 32nd Legislature passed a bill mandating the creation of a Tax Study Commission over two years ago.

Bureau of Internal Revenue Director Joel Lee said he was a nonvoting commission member, and no meetings had been held yet. He said it was difficult to find people to serve on the commission. He said the commission needed members who were tax experts yet had no position that would look like a conflict of interest.

Finance Department Commissioner Kevin McCurdy said some names had been recommended for the Tax Study Commission, but “We just have not mobilized yet.”

Office of Management and Budget Director Julio Rhymer said some financial team officials were meeting and discussing the potential for structural changes in the tax system “outside the commission.”

Gov. Charles Turnbull appointed a tax study commission in 2001. The commission was tasked with examining the territory’s tax laws and assessing how changes in tax policy could affect business and development.

In 2020, when former Sen. Donna Frett Gregory was crafting the legislation for a bill later signed into law by Bryan, she called it a reenactment.

Senate President Milton Potter, who chaired the Committee of the Whole session, said senators would have to determine how long they wanted to wait for the Tax Study Commission’s recommendations before taking matters into their own hands. Sen. Kurt Vialet said the senators would have to be “leery” of any recommendations made by the tax study commission. “We might not want what they recommend.”

Under question from Sen. Marise James, Lee said that bondholders would have to approve any lowering or elimination of the gross receipt tax. He added that bondholders would probably be reluctant to approve any reduction.

“So our hands are forever tied to the length of the bond agreement,” she said.

“Yes,” he replied.

Earlier in his testimony, Lee said, “Just to set the record straight from the beginning, I want to point out that these two taxes can be administered simultaneously. There is no rule that would indicate that we need to choose between the two taxes. However, it is important to note that the Virgin Islands has always been marketed as a duty-free destination, so we should keep that in mind as we consider the impact that this may have on our tourism market, especially as we compete with other Caribbean destinations.”

Sen. Hubert Frederick said the government was losing a lot of income because mail orders coming into the territory through services like Amazon were not being taxed.

“We don’t even know what we are missing,” Lee said.

“I know for a fact that it is significant,” McCurdy said.

James asked which tax has the most burden on the poor. Lee said that in many jurisdictions, when a sales tax is applied, certain items like clothing and food are exempt.

Senators pointed out that “no one likes to pay taxes, but everyone wants service.”

New Hotel on St. Croix Expected To Open in 2028

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Attorney Marjorie Roberts, center, speaks on behalf of Historic Heritage Holdings, LLC, with her colleague, Lisa Wisehart, on the right and owner Peter Zielke’s affiliate company’s chief financial officer, Camila Devlin, on the left. (Screenshot from Zoom meeting)

The Virgin Islands Economic Development Authority held its governing board meeting Tuesday virtually via Zoom and heard testimony from Historic Heritage Holdings, LLP, a company seeking tax incentives on St. Croix to build a boutique hotel in Christiansted.

“What we’re really trying to do is build an entire arts, entertainment and hospitality district,” said Peter Zielke, majority owner. “I think that St. Croix should be different from St. Thomas and St. John.”

Zielke has been in the process of constructing the hotel for the last four years. Historic Heritage Holdings is seeking tax incentives to operate as a Category III hotel/guesthouse and Category IV family office and venture capital managing and investment entity.

The hotel, which will be located in downtown Christiansted, is anticipated to open in 2028. The property is expected to feature a minimum of 66 rooms, a gym, a pool, and three restaurants.

Attorney Marjorie Roberts spoke on behalf of the company and said that it will also renovate nearby properties to operate as part of the hotel.

“To date, Historic Heritage has renovated and refurbished eight beautifully appointed units,” said Roberts. “Over the next year, Historic Heritage anticipates renovating an additional 20 units and buildings near the hotel site that it has acquired.”

Zielke said the hotel will be constructed between the bypass and the fort next to the police unit. According to him, the property used to serve as an outrigger, then as the largest yacht club in the Caribbean, and later as a hotel, gym, and restaurant. Now, it is on its way to becoming a hotel. Zielke also said that a two-story parking garage with luxury short-term residences attached above will also be constructed.

People walking the downtown streets with old-fashioned architecture by the corner of Company St. in Christiansted, St. Croix. (Source file photo)

“Next to Savant, where [there] is the large parking lot and some old ruins, that will also become a parking garage because one of the things we noticed is that there is not enough parking in downtown Christiansted,” said Zielke. In addition, he said, “We would get the lease in front of the police marine unit and be able to work towards completing the whole boardwalk project.”

By doing this, Zielke said the street will be converted into a hotel, restaurant and arts district. He also said that though 66 rooms are expected, he wants to have 100 rooms for guests and an additional 20 to 40 rooms to accommodate employees. He wants to place employee housing on Church Street.

Board members appeared hopeful for the construction of the properties with some inquiring about touring the site. Member Positive Nelson expressed dismay however, after Zielke spoke about some of the challenges he has encountered so far with establishing the hotel.

“We have CZM and permitting issues and historic issues that unfortunately delay projects significantly,” said Zielke. “I bought this property four and a half years ago, intending to as soon as possible start this.”

Zielke said the entire timing of the project is dependent on the Department of Planning and Natural Resources. He said that since beginning the project, he has received multiple zoning certification letters and architectural letters, engaged in public hearings, and spent hundreds of thousands of dollars to be regulated accordingly and rezone his property. However, a year later, he found out that the processes he endured were unnecessary and the result of zoning errors made in the DPNR system and that his property did not have to be rezoned.

“I would say anyone who is willing to build a hotel on St. Croix has to have a lot of courage and quite a bit of foolishness because unfortunately today is not structurally set up to make that happen,” said Zielke.

Roberts said that Historic Heritage Holdings has a capital investment of $11 million and will employ a minimum of 10 employees within one year of operation. The company will provide health and life insurance, retirement plans, paid time off, and 13 paid holidays annually. Additionally, $20,000 will be made to charities in the territory annually, with 55 percent in kind or in cash to the education department for public school programs and initiatives, with $3,000 paid annually to the territorial scholarship fund and $2,500 to the labor department.

“We remain very hopeful that we could open in 2028. And I think that assuming we get all the permits and inspections in necessary time it will,” said Zielke.

After the public hearing, decision meetings for the Enterprise Zone Commission and the Economic Development Bank were held. Members Kevin Rodriguez, Jose Penn, Philip Payne, Anise Hodge, and Positive Nelson were present.

Economic Development Bank Backs Business Loans, Denies One Application

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Savan in the Savan-Downstreet Enterprise Zone. (Source file photo)

On Tuesday, the Virgin Islands Economic Development Bank held its governing board meeting virtually on Zoom and voted to approve several items and decline a term loan for Out Da Pot LLC.

The meeting began with a public hearing for the Virgin Islands Economic Development Commission, where Historic Heritage Holdings, LLP, presented testimony in an attempt to receive VIEDC tax incentives on St. Croix to operate as a hotel, family office, and venture capital managing and investment entity. Later, the Economic Development Bank Board unanimously approved the State Small Business Credit Initiative – Standard Operating Procedure and unanimously approved the following measures:

Approved up to $132,500 or up to 50 percent in the collateral support program from the State Small Business Credit Initiative to First Bank Puerto Rico to Twin City Mobile Integrated Healthcare, LLC.

Approved up to $1,642,200 or up to 80 percent below guarantee program support from the State Small Business Credit Initiative to Merchants Commercial Bank on behalf of Your Environmental Solution, LLC.

Approved a $500,000 term loan for 10 years at an interest rate of the Wall Street Journal prime rate plus 1.5 percent for a development loan fund for the build out, purchase of appliances and machinery, and working capital for In the Mix Cakery, LLC.

The board also:

Declined a term loan to Out Da Pot, LLC.

Later in the meeting, the Economic Zone Commission held its decision meeting to vote on two applications. The board unanimously approved the application for The Mango Works, LLC to enter the Enterprise Zone Plan Program for 90 percent tax exemptions on corporate income tax, 100 percent exemption on gross receipt taxes and 100 percent exemption on property tax. They will also invest $140,000 on the revitalization of their building at #13 Wimmelskafts Gade in the Savanne-Downstreet Enterprise Zone.

The board additionally voted unanimously to approve the application for Noel Charles to receive tax credits and invest $112,000 into the property, with $80,000 toward rehabilitation, at #1 Store Gronne Gade in the Garden Street Enterprise Zone.

Members Kevin Rodriguez, Jose Penn, Philip Payne, Anise Hodge, and Positive Nelson were present.

USVI Hoops Showdown Brings Local Teams to Florida for National Competition

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The varsity boys’ basketball teams from all four public high schools across the territory will compete in the third annual Spring Varsity Showcase Tournament, which will be held Friday through Sunday in Longwood, Florida, the V.I. Education Department announced. Hosted by TK Sports Club, Inc., the tournament will provide the student-athletes an opportunity to compete against national opponents and gain exposure to college scouts, according to the press release. Defending champions Ivanna Eudora Kean High School will represent St. Thomas alongside Charlotte Amalie High School. From St. Croix, Central High School and Educational Complex High School will take the court. The teams will travel to Florida on Wednesday in preparation for the three-day tournament at Milwee Middle School, located at 1341 S. Ronald Reagan Blvd, the press release stated. VIDE expressed its appreciation for the sponsors whose contributions made the trip possible, including the Virgin Islands Lottery, Neltjeberg Bay Enterprise, LLC, Caribbean Rose, Discover Fund Management, LLLP, Xtreme Sports and Electronics, and several other businesses and organizations in the U.S. Virgin Islands and the mainland United States, the release stated. Beyond the games, the tournament will feature performances by the Caribbean Ritual Dance Group, Fete Masters Majorettes, and a celebrity basketball game showcasing notable figures from the USVI. Organizers encourage community members in Florida to attend and support the teams, it said. The Spring Varsity Showcase Tournament continues to attract attention from Division II and III collegiate programs, offering a platform for student-athletes to demonstrate their skills. “Your generosity plays a vital role in supporting our youth, allowing them to gain valuable experiences at this prestigious tournament,” VIDE stated in the press release.

Power Outage Knocks Hospital Ground Health Office Offline

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The Virgin Islands Department of Health advises the public that its St. Thomas offices, located at the John S. Moorehead Complex in Hospital Ground, are temporarily closed due to an extended power outage. The affected offices include Environmental Health, Vital Records and Statistics, and Financial Services. Normal operations are expected to resume on Thursday. The Department apologizes for any inconvenience this temporary closure may cause and appreciates the public’s understanding.

Summit for USVI Entrepreneurs By UVI Research and Technology Park’s Catalyst Business Loan Fund Program

The University of the Virgin Islands Research and Technology Park (UVI RTPark) is excited to announce its upcoming Virgin Islands Catalyst Fund Business Loan Summits: Driving Success by Igniting Growth and Inspiring Innovation.  According to the RTPark’s Executive Director and CEO Eric Sonnier, the two one-day sessions for business owners in the territory will focus on accelerating business growth, job creation, and economic development. The summits will take place from 10 am to 12 pm on Wednesday, March 19, at the Medical Simulation Center on UVI’s Albert A. Sheen Campus, St. Croix, and Thursday, March 20, at the XIIID (13D) Innovation Center on UVI’s Orville E. Kean Campus, St. Thomas. Lunch will be provided at 12p and there is an opportunity for private consultations after lunch. The V.I. Catalyst Revolving Loan Fund, established by Legislative Act 8464 with an initial capitalization of $5 million, launched in early 2022. As mandated by the legislation, it is managed by the RTPark’s Community Impact Fund, Inc. (CIF), a 501(c)(3), non-profit entity. The CIF makes loans to eligible businesses approved by the RTPark’s Loan Review Committee. The loan fund is designed to supplement rather than fully finance business needs. It complements traditional capital sources in the USVI, such as banks, and is commonly known as “gap financing.” Loans can be utilized for various purposes, including acquiring or leasing land and buildings, purchasing equipment, and securing operating capital. Eligible applicants must be enterprises based in the territory with a valid VI business license for at least 18 months and have maintained good standing with the VI Bureau of Internal Revenue and the Lieutenant Governor’s Office of Corporations & Trademarks. The areas for business growth identified in the fund’s legislation include telecommunications, healthcare, energy services, sustainable agriculture, manufacturing, visitor economy, financial technical services, business process outsourcing, and the creative economy, Sonnier said. “Those areas designated for economic and community development closely align with the work of the RTPark. Being a driving force behind the sustainable development of the U.S. Virgin Islands is important to both entities, so providing support in the form of loans and other resources is a collaboration that makes sense for all parties involved.” Ronnie N. Johnson, Chief Credit Officer of the Community Impact Fund, added “Our priority is to support businesses that meet the territory’s growing demands. To date, the gap financing fund has assisted businesses in healthcare technology, workforce training, and farming,” he said.  Approved loans can range from $25,000 to $250,000. The summit agenda features an introduction to the loan program, along with 30-minute private consultation sessions for the first 20 business owners on each island who register and meet the loan eligibility criteria. For more details and to register visit www.vicatalystfund.com. Admission and lunch are free. Interested business owners unable to attend can email ronnie.johnson@cifvi.org to schedule a consultation. Sonnier strongly encourages the participation of entrepreneurs, underscoring the importance of this opportunity to gain critical financial insights and strategies to scale their businesses and secure financial stability. “Our goal is to provide actionable knowledge and real-world tools to inspire innovation and drive business success.”

Disability Rights Center Hosts Open House

The Disability Rights Center of the Virgin Islands will host an Open House beginning at 11 a.m. on Friday, March 14, with the theme, “Building Bridges: Connecting Resources, Empowering Lives,” to bring together individuals with disabilities, their families, caregivers, and community stakeholders to provide valuable resources for empowerment and independence. The interactive event will offer attendees an opportunity to engage with DRCVI’s staff, explore available support services, and connect with community partners. The event is open to families, caregivers, advocates, service providers, and educators who will get the chance to learn about the services offered. WHAT: DRCVI Open House WHEN: Friday, March 14 from 11 a.m. – 4 p.m. WHERE: Disability Rights Center of the Virgin Islands, St. Croix – (Next to the old KMart – West) 63 Cane Carlton, Frederiksted

Virgin Islands History Month Showcase March 12

In celebration of Virgin Islands History Month, observed annually in March since 2006, the Community Foundation of the Virgin Islands (CFVI) as the Humanities Council of the Virgin Islands* (HCVI) is proud to present the third Virtual Humanities Showcase. This event highlights the rich history, heritage, and culture of the Virgin Islands through projects funded by the National Endowment for the Humanities (NEH). The showcase will take place on Wednesday, March 12, from 1-3 p.m. AST via Zoom. The event is free and open to the public. During the showcase, the nine CFVI humanities project grantees listed below will present their work, demonstrating the powerful impact of community-driven initiatives in preserving and promoting Virgin Islands culture. To explore these projects and others, visit cfvi.co/NEHprojects2024.
  • American Ancestors – Using Genealogy to Teach Inclusive History: U.S. Virgin Islands
  • Caribbean Museum Center for the Arts (CMCArts) – Dance is a Universal Language
  • Center for Educational Growth, Inc. (CFEG) – Film Over Gun Violence
  • Fireburn Heritage – Virgin Islands ABCs Initiative: Cultivating Cultural Literacy in VI Youth
  • St. Croix Montessori School – Increasing Educational and Cultural Literacy through Library Sciences for St. Croix Montessori Students
  • Ten Sleepless Knights – Bamboula/Bomba Documentary Film
  • University of the Virgin Islands – Collaboration and Conversations: Connecting Virgin Islands Historical Collections and Community Knowledge to an Emerging Generation of Humanities Scholars
  • University of the Virgin Islands – The Unbreakable Film Academy
  • Virgin Islands Architecture Center for Built Heritage and Crafts (VIAC) – VIAC Old Barracks Neighborhood Storytelling Project – Phase 2
“This showcase is an opportunity to witness firsthand the meaningful contributions of our Virgin Islands nonprofit community to local humanities programming,” said CFVI President, Dee Baecher-Brown. “The impressive range of projects reflects a deep commitment to preserving and sharing the stories, traditions, and intellectual achievements that shape our unique identity.” To register, visit cfvi.co/Showcase2025. Once registered, attendees will receive a confirmation email with details on how to join the event. Since forming its partnership with NEH in 2020, CFVI has awarded nearly $1.5 million in grants to community organizations across the U.S. Virgin Islands, supporting a broad array of humanities programming and activities. For questions or more information, please contact CFVI’s Director of Grants and Programs, Beth Nuttall, at bethn@cfvi.net.

Regulatory Agencies Work To Get to the Bottom of Viya Restructuring

Viya CEO Geraldine Pitt disagreed Monday that the company is being “dismantled.” (Photo courtesy Virgin Islands Legislature)
The Public Services Commission will convene on March 11 to evaluate Viya’s operations following a surge of customer complaints related to outsourced service. For months, residents have expressed frustration with the diminished presence of local agents, prompting questions about the reliability and quality of the telecom provider’s services, according to officials. Although Viya’s outsourcing of customer service functions is not a new development, the PSC’s regulatory oversight means that service quality and pricing fall directly under its jurisdiction. With increasing public dissatisfaction, Viya and its Chief Executive Officer Geraldine Pitt are on the docket to address these concerns and clarify the rationale behind their current operational approach, according to the PSC. Recent issues were highlighted during a Monday Committee of the Whole hearing, where Sen. Novelle Francis Jr. first broached the company’s outsourcing strategy, questioning whether such actions support the local economy. “Are we really supporting our local economy when the actions taken by companies like Viya lead to outsourcing at the expense of local jobs?” he asked, asking Pitt to give more details on what he described as a “dismantling” of the utility. Pitt said she disagreed with the term “dismantling,” saying that’s far from where the company was heading, though it had recently “made decisions corporately in terms of how we serve customers.” Senate Majority Leader Kurt Vialet jumped in after, delivering a pointed critique of Viya’s leadership. He emphasized the detrimental impact of these decisions on the community, stating, “You can’t dismantle a community, dismantle local leadership. These individuals no longer pay an income tax, they no longer have health care. You’re dismantling your workforce and you have the gall to sit in the Legislature and say that you’re not dismantling local talent? Well you are, and you need to stop.” On Tuesday, the V.I. Daily News reported on the terminations of several long-standing Viya employees, including Jennifer Matarangas-King, who served the company for over two decades — a move seen by many as indicative of the changes Viya is undergoing. Reports that up to seven executives have been impacted in the past few weeks have not been verified by the utility, though Vialet pointed to outsourcing of jobs and operations in Guyana, Jamaica and the Cayman Islands. Vialet also raised questions about Viya’s affiliation with the University of the Virgin Islands Research and Technology Park. While the Virgin Islands Economic Development Authority enforces strict compliance requirements concerning the hiring and firing of local employees, RTPark clients benefit from a different tax incentive framework that lacks such mandates, he said, making it easier for them to be let go. Compliance requirements for RTPark clients center on commitments to the University of the Virgin Islands and various community programs rather than mandatory employment quotas. This structure allows businesses to receive substantial tax benefits without the obligation to hire or retain Virgin Islands residents, which raises questions about the long-term effects on the local workforce, according to its mission. Meanwhile, on Monday, Sen. Carla Joseph raised concerns about the potential loss of tax revenue for the territory due to the outsourcing of services — services that are ultimately being rendered to residents in the Virgin Islands. In response, Pitt noted that the employees handling these outsourced tasks would pay taxes in their home countries rather than contributing to the tax base in the USVI. The Senate has indicated that it will be inviting Pitt to return in the coming weeks to provide further insights and details regarding the current situation at the utility.

Best Solution: Gasoline Prices, Don’t Buy It

On Tuesday, Energy Office Director Kyle Fleming told Senators that electric vehicles powered by alternative energy could be a big part of the territory’s energy solution. (Photo courtesy V.I. Legislature)
“Excessive profit margin” was the term used at Tuesday’s Committee of the Whole session to explain why gas costs on St. Thomas and St. John are near $5 a gallon while they hover closer to $4 a gallon on St. Croix. Licensing and Consumer Affairs Commissioner Nathalie Hodge introduced the term in her testimony: “The lack of accessible data adds to the public’s distrust, leading to assumptions that higher prices result from excessive profit margins.” Sen. Ray Fonseca indicated that he thought it was more than a suspicion; he said it was a fact, and he said it was apparent. The price of a gallon of gas on St. Croix is about a dollar more than the average in the States. The cost is $2 above the stateside average on St. Thomas and St. John. Energy Office Director Kyle Fleming said the answer is don’t buy gas; get an electric car. He said the government already has 35 electric vehicles, and the experience has been positive. The vehicles require little maintenance. He said new tires were the only maintenance requirement for the EV that the Energy Office has driven for over six years. EVs don’t require oil changes. Sen. Hubert Frederick said he was a fan of electric vehicles but could not afford one. Fleming said the price of EVs has dropped in recent years and is comparable to gas-consuming cars. In February, the Energy Office signed a letter of intent between the government and the territory’s most significant auto dealership owner. The goal is to leverage VIEO-administered federal funding to build an electric vehicle service center. Sen. Clifford Joseph said the dealership in question appeared to be a monopoly in the territory. He also said it might not be delivering the cars promised to the police department in a timely manner. Hodge told the senators that setting a fair market profit price was not her department’s responsibility. Fleming testified, “Virgin Islands will never be able to control or even influence the cost of fossil fuels imported into the territory. However, the cost of electricity is within the territory’s grasp of control, even though we haven’t yet fully realized the potential. Every step we take towards increasing renewable energy adoption mitigates our sole dependence on imported fossil fuels. For this core reason, the VIEO has been steadfast in promoting the benefits of ditching the pump and reaching for the plug.” Several senators asked him about the progress in installing vehicle charging stations around the territory. Fleming said that the territory has installed eight free charging stations and plans to install 26 more by this summer. Sen. Novelle Francis asked about a $62 million Solar for All Grant the Energy Office has received. Delegate Stacey Plaskett announced the grant in April last year, but Fleming said a clear path to the funds was not established until December. Fleming said the grant was a “huge undertaking” and would cover rooftop installations and neighborhood grid setups. At the end of December, the Energy Office conducted a closing ceremony for the first two loans offered under the Solar Plus Financing Program. The program is part of the Solar for All Grant. It is a zero-money-down and one-percent interest loan program that provides homeowners with affordable financing to install photovoltaic and battery backup systems. Senators wanted to know when savings from the two solar farms on St. Croix would come. A farm capable of producing 13 megawatts had a ribbon cutting in December; another capable of producing 11 megawatts should be completed this summer. Fleming said that a kilowatt that cost the Water and Power Authority 20 cents to produce will be bought from the solar farms at 11 cents. Senate President Milton Potter, who conducted the session, emphasized that the hearing’s purpose was to examine strategies for resolving the territory’s high energy costs. All 15 senators attended the session.