THE INCOME TAX ACT 1995 - Mauritius Revenue Authority

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THE INCOME TAX ACT 1995(Consolidated up to Finance Act 2021)The internet version of this Act is for information purposes only.The MRA takes no legal responsibility for any flaw,inaccuracy, error or omission in this Act.

MRATHE INCOME TAX ACT 19952THE INCOME TAX ACT 1995(Consolidated Version)ARRANGEMENT OF SECTIONSPART I - PRELIMINARYSection1.2.3.Short titleInterpretationApplication of ActPART II - LIABILITY TO INCOME TAX4.4A.5.6.7.Imposition of taxUnexplained wealthDerivation of incomeIncome to be expressed in Mauritius currencyExempt body of persons and exempt income 1*PART III - PERSONAL TAXATION8.Application of Part IIISub-Part A - Gross Income9.10.10A.11.12.13.14.15.16.Income of a married womanIncome included in gross income[Gains from immovable property] DeletedEmoluments received in arrearsIncome received in anticipationValuation of trading stockTransfer of trading stock with other assets or for inadequate considerationDeemed income arising from expenditure or loss dischargedApportionment of income on incorporation and disincorporation[Sub-Part AA – Solidarity Income Tax] Repealed16A. Small enterprise qualified under an approved scheme16B. [Liability to Solidarity Income Tax] RepealedSub-Part AB – Solidarity Levy16B. Interpretation16C. Liability to solidarity levy*Please refer to endnotes at Appendix 1Page 2 of 449

MRATHE INCOME TAX ACT 19953Sub-Part B - Allowable ion in connection with employmentExpenditure incurred in the production of incomeExpenditure incurred by artistsExpenditure incurred on interest in the production of incomeLossesBad debts and irrecoverable sumsContributions to superannuation fundPensions to former employeesAnnual allowance[Investment allowance] Deleted2*Unauthorised deductionsSub-Part C – Income Exemption Threshold for Individuals3*27.Entitlement to income exemption thresholdSub-Part D – Interest Relief for Individuals27A.Interest reliefSub-Part E - Other Reliefs and Allowances27B. Relief for Medical or Health Insurance Premium27C. Solar Energy Investment Allowance27D. Deduction for household employees27DA. Donation to charitable institutions27DB. Contribution to approved personal pension schemes27E. Rainwater harvesting system investment allowance27F. Fast charger for electric car investment allowance27G. Tax credit for employees27H. Contribution to COVID-19 Solidarity Fund27J. Contribution to National COVID-19 Vaccination Programme FundPART IV - CORPORATE TAXATION43.Application of Part IVSub-Part A - Companies, unit trust schemes,trusts collectiveinvestment schemes, sociétés and Foundations44.Companies44A Alternative minimum tax44B. Companies engaged in export of goods or manufacturing activities in afreeport zone44C. Companies engaged in banking activities44D. Manufacturing companies engaged in medical, biotechnologypharmaceutical sector44E. Higher Education Institution set-up in Mauritius*Please refer to endnotes at Appendix 1Page 3 of 449or

MRATHE INCOME TAX ACT 1995445.Unit Trust Schemes45A. Collective investment schemes — year of assessment 2005-2006 andsubsequent years46.Trusts47.Sociétés48.Protected cell company4*49.Companies in the freeport zone5*49A. Foundations49B. Small company qualified under an approved scheme49C. Real Estate Investment Trust (REIT)49D. Charitable institution50.Insurance, shipping, aircraft and other businessSub-Part AA - Advance Payment System6*50A.50B.50C.50D.50E.50F.Application of Sub-Part AAAdvance Payment SystemAscertainment of chargeable incomeCalculation of taxReturn and payment of tax at end of income yearPenalty for late payment of tax under APSSub-Part AB - Special levy on banks7*50G. Interpretation50H. Liability to special levySub-Part AC - Solidarity levy on telephony service providers50I. Interpretation50J. Liability to solidarity levySub-Part AD - Corporate Social Responsibility50K. Interpretation50L. CSR Fund50LA. Contributions to Film Promotion Fund50M. One-off charge on banksSub-Part B - Gross Income51.51A.52.53.54.55.56.*Income included in gross income[Gains derived by company] RepealedIncome received in anticipationValuation of trading stockTransfer of trading stock with other assets or for inadequate considerationDeemed income arising from expenditure or loss dischargedApportionment of income on incorporation and disincorporationPlease refer to endnotes at Appendix 1Page 4 of 449

MRATHE INCOME TAX ACT 19955Sub-Part C - Allowable K.67L.67M.67N.67P.68.Expenditure incurred in the production of incomeExpenditure incurred on interest in the production of incomeLossesTransfer of losses on takeover or merger.Offset and carry forward of investment tax creditBad debts and irrecoverable sumsContributions to superannuation fundPensions to former employeesAnnual allowanceExpenditure incurred on deep ocean water air conditioning[Additional investment allowance ] Deleted 8*Expenditure incurred on water desalination plantExpenditure incurred on artworkExpenditure incurred on specialised software and systems[Contributions to road fund ] Deleted9*Investment in crèches 10*[Marketing and promotional expenses] Repealed[Contributions to sport clubs and sport training centres ] Deleted11*[Contributions to the National Solidarity Fund and Prime Minister’s Children’sFund ] Deleted 12*[Contributions to employees' share scheme ] Deleted13*[Investment in start-up companies ] Deleted 14*[Expenditure incurred in the setting up of social infrastructure] Deleted 15*[Contributions to the national ambulance services ] Deleted 16*Expenditure incurred by hotels on cleaning, renovation and embellishmentworksExpenditure incurred for arbitration, conciliation or mediation under anAlternative Dispute Resolution MechanismExpenditure incurred on patents and franchisesExpenditure incurred by manufacturing companies on productsmanufactured locally by small enterprisesTax credit to medical, biotechnology or pharmaceutical companiesExpenditure on international accreditationMarket research and product development for African marketUnauthorised deductionsSub-Part D - Deleted17*69.69A.70.71.72.[Investment tax credit ] Deleted[Special tax credit for investment in spinning companies] Deleted[Tax credit to modernisation and expansion enterprises] Deleted[Tax credit for exports] Deleted[Limitation to tax credits] DeletedPART V - INTERNATIONAL ASPECTS OF INCOME TAX73.*Definition of residencePlease refer to endnotes at Appendix 1Page 5 of 449

MRA73A.73B.74.75.76.76A.77.THE INCOME TAX ACT 19956Companies treated as non-resident in MauritiusPremium visaIncome derived from MauritiusApplication of arm's length testArrangements for relief from double taxationArrangements for assistance in the recovery of foreign taxCredits in respect of foreign taxPART VI - AGENTS, ABSENTEES ANDNON-RESIDENTS AND DECEASED PERSONS78.79.80.81.81A.82.83.Liability of principal not affectedProvisions applying to agentsIncome tax paid on behalf of another personAgents of incapacitated persons, companies and bodies of personsTax liability of appointed personAgents of absentees and non-residentsDeceased personsPART VII - ANTI-AVOIDANCE PROVISIONS84.85.86.86A.87.88.89.90.90A.Interest on debentures issued by reference to sharesExcess of remuneration or share of profitsExcessive remuneration to shareholder or directorBenefit to shareholderExcessive management expensesLeases for other than an adequate rentRights over income retainedTransactions designed to avoid liability to income taxControlled foreign company rulePART VIII - RETURNS, COLLECTION AND PAYMENT OF TAX91.Due date for payment of income taxSub-Part A - Pay As You Earn (PAYE) tion of Sub-Part AEmployer to withhold tax from emolumentsRegistration of employersEmployee declarationTax to be withheld 18*Direction not to withhold taxDecision as to whether an amount is emolumentsObligation of employer to withhold taxRegistration of employees 19*Payment of tax by employerPenalty for late payment of tax by employerPlease refer to endnotes at Appendix 1Page 6 of 449

MRA101A.102.103.104.THE INCOME TAX ACT 19957Penalty for failure to join electronic system 20*Priority over tax withheldTax withheld deemed to be tax paid by employeeNon-disclosure of information by employerSub-Part B - Current Payment System (CPS)105.105A106.107.108.109.110.111.Application of Sub-Part B[Registration of persons under this Sub-Part] RepealedCPS Statement and payment of taxCalculation of chargeable incomeCalculation of taxPenalty for late submission of Statement of IncomePenalty for late payment of tax under CPSReturn and payment of tax at end of income year21*Sub-Part BA –Deduction of tax at source 1J.111K.InterpretationApplication of Sub-Part BAPayer to deduct taxRemittance of tax deductedPayer liable to pay taxPenalty and interest for late payment of taxTax deducted deemed to be tax paidDirection not to deduct taxObligation of payer to deduct taxPriority over tax deductedStatement to payee and to Director-General 23*[Sub-Part BB – National Residential Property Tax]24*Repealed111L. [Interpretation] Repealed111M. [Imposition of property tax] Repealed111N. [Application of property tax] RepealedSub-Part BC - Tax on onOperator to deduct tax on winningsRemittance of tax on winningsPenalty for late submissionPenalty and interest for late paymentAssessment and recovery of tax on winningsSub-Part BD – Presumptive Tax on Small Enterprise111U. Interpretation*Please refer to endnotes at Appendix 1Page 7 of 449

MRATHE INCOME TAX ACT 19958111V. Election to pay presumptive tax111W. Penalty for late payment111X. Assessment and recovery proceedingsSub-Part BE – COVID-19 Levy111Y. Interpretation111Z. Liability to COVID-19 levySub-Part C - Returns112.Return and payment of tax by individuals112A. Simplified return by self-employed individuals113.Power to require returns114.Time limit to require returns115.Return by persons leaving Mauritius116.Return of income by companies116A. Doubt on interpretation or treatment116B. Amended return116C. Declaration by company not in operation116D. Return of dividends by companies117.Return of income in special circumstances117A. Basis of assessment on commencement of business118.Approved return date118A. Return of income in respect of approved return date119.Return in respect of a trust or a resident société119A. Statement by société to associate and Director-General120.Return in respect of the estate of a deceased person121.Penalty for late submission of return of income122.Penalty for late payment of tax122A. Publication of names of companies not submitting returns122B. Automatic tax claim in case of non submission of return122C. Penalty for failure to submit return of income electronically122D. Interest on unpaid tax 26*122DA. Penalty for loss over claimed25*Sub-Part D – Returns on Cash Basis for Small Enterprise122E. Application to compute net income on cash basisPART IX - GENERAL POWERS OF DIRECTOR-GENERAL123.123A.Power to require informationAct or thing in respect of a period before 3 years of assessment precedingthat year of assessment123B. Statement by company having annual turnover exceeding 100 millionrupees123C. Submission of statement of assets and liabilities by individuals123D. Statements of financial transactions or statements on life insurance123E. Statement of winnings*Please refer to endnotes at Appendix 1Page 8 of 449

MRATHE INCOME TAX ACT 1995123F.124.125.126.126A.127.128.128A.9Statement of donation receivedObligation to furnish informationProduction of books and recordsPower of inspectionPower to access computers and other electronic devicesTime limit to require information and production of books and recordsPower to waive penaltyUse of computer systemPART X - ASSESSMENTS, OBJECTIONSAND REVIEW OF 32.133.134.135.Director-General may make assessmentsAssessments on employers and payersTime limit to make assessmentsSpecial assessmentsObjection to assessmentsObjection to claimsDetermination of objectionsObjection to determination of loss.Time limit to amend assessments[Penalty for non-payment of income tax assessed] RepealedRepresentations to Assessment Review CommitteeConclusiveness of assessment27*PART XI - RECOVERY OF TAX136.Application of Part IVC of Mauritius Revenue Authority Act137.Recovery of tax in arrears from emoluments138.Recovery of tax by attachment139.Recovery of tax by distress and sale140.Contrainte140A. Proceedings for temporary closing down of business141.Privilege142.Uninscribed privilege143.Security144.No limitation of action for recovery of taxPART XIA - COLLECTION AND RECOVERY OF SOCIAL CHARGES144A.Collection and recovery of social charges by Director-GeneralPART XII - OFFENCES145.146.146A.146B.147.*Offences relating to PAYEOffences relating to CPSOffences relating to deduction of tax at source 28*[Offences relating to property tax] Repealed 29*Offences relating to returns, books and recordsPlease refer to endnotes at Appendix 1Page 9 of 449

MRA148.148A.149.150.THE INCOME TAX ACT 199510Other offences[Prosecution by Commissioner] Repealed 30*Compounding of offencesTax payable notwithstanding prosecutionPART XIIA – NEGATIVE INCOME TAX150A.Negative Income Tax allowancePART XIIB – WAGE ASSISTANCE SCHEME150B.Wage Assistance SchemePART XIIC – SELF-EMPLOYED ASSISTANCE SCHEME150C. Self-Employed Assistance SchemePART XIID – FINANCIAL ASSISTANCE FOR PAYMENT OFSALARY COMPENSATION 2021150D. Financial assistance for payment of salary compensation 2021PART XIII - ment of income tax in certain casesIslamic financing arrangementRefund of excess income taxErroneous refund 31*Keeping of books and recordsSecrecyService of documentsAdmissibility of documents produced by computerValidity of notice of assessment or determinationWaiver of taxRemission of taxRulingsStatement of PracticeJurisdiction of MagistrateRegulationsTransitional provisionsRepeal and savingsCommencementPlease refer to endnotes at Appendix 1Page 10 of 449

MRATHE INCOME TAX ACT 199511An ActTo amend and consolidate the law relating to income tax.ENACTED by the Parliament of Mauritius as follows PART I - PRELIMINARY1.Short titleThis Act may be cited as the Income Tax Act 1995.2.InterpretationIn this Act, unless the context otherwise requires "absentee" means (a)an individual who is, at the relevant time, not in Mauritius;(b)a company which does not have a permanent place of business inMauritius at which it carries on business in its own name;(c) a company not incorporated in Mauritius which is declared by theDirector-General to be an absentee by notice given to that company or toits agent in Mauritius;“accounting year”, in sections 50B, 50C and 50D, means a period of 12months ending with the date of the annual balance of the accounts of acompany;32*"agent" includes a person deemed by section 81, 82 or 83 to be an agent;"allowable deduction" means (a)in the case of an individual, any expenditure, loss or allowance whichis deductible under Sub-Part B of Part III; or(b)in any other case, any expenditure, loss or allowance which isdeductible under Sub-Part C of Part IV,for the purpose of ascertaining net income;"appropriate retiring age" has the meaning assigned to it in section 23;"approved investment trust company" means a public company, approvedby the Director-General, the principal objects of which are to invest in thesecurities of companies generally;"approved return date" means a date approved by the Director-Generalunder section 118;“APS” means the Advance Payment System referred to in Sub-Part AA ofPart IV;33**Please refer to endnotes at Appendix 1Page 11 of 449

MRATHE INCOME TAX ACT 199512“APS quarter” means the quarter referred to in section 50B;34*“Assessment Review Committee” has the same meaning as in theMauritius Revenue Authority Act;35*“associate” includes –(a)a general partner or limited partner of a limited partnership; and(b)a partner of a limited liability partnership;36*"authorised mutual fund" means a collective investment scheme under theSecurities Act 2005;37*“Authority” means the Mauritius Revenue Authority established under theMauritius Revenue Authority Act 2004;38*“base value” means the cost to the owner of any fixed asset or other capitalexpenditure incurred for the production of gross income after deductingtherefrom any amount allowed by way of annual allowance;39*"benevolent association" means an association registered under theRegistration of Associations Act being an association whose main activity isto provide benefits during sickness or infirmity, or in old age, or inwidowhood or for orphans;“Board” has the same meaning as in the Mauritius Revenue Authority Act2004;40*"body of persons" means any body corporate or unincorporate;"business" includes any trade, profession, vocation or occupation,manufacture or undertaking, or any other income earning activity, carriedon with a view to profit;"chargeable income" means -41*(a)for the purposes of section 107, the amount of income ascertained inaccordance with that section;(b)for the purposes of Sub-Part C of Part VIII –(i)in the case of an individual, the amount remaining afterdeducting from the net income the income exemptionthreshold to which that individual is entitled; and(ii)in any other case, the net income.“charitable Foundation” has the same meaning as in the Foundations Act2012;42**Please refer to endnotes at Appendix 1Page 12 of 449

MRATHE INCOME TAX ACT 199513"charitable institution" means an entity which is approved by the DirectorGeneral under section 49D;43*"charitable trust" has the same meaning as in the Trusts Act 200144*;"child", in sections 27 , means -*45(a)an unmarried child, stepchild or adopted child of a person;(b)an unmarried child whose guardianship or custody is entrusted to theperson by virtue of any other enactment or of an order of a court ofcompetent jurisdiction;(c)an unmarried child placed in foster care of the person by virtue of anorder of a court of competent jurisdiction;46*“CIS manager” means a person holding a CIS manager licence under theSecurities Act 2005;47*“collective investment scheme” has the same meaning as in the SecuritiesAct 2005; 48*["Commissioner"] Definition deleted 49*["Committee"] Definition deleted*50"company" (a)means a body corporate, other than a local authority, incorporated inMauritius or elsewhere; and(b)includes a non-resident société, a cell of a protected cell company51*,a foundation52*, a trust or a trustee of a unit trust scheme; but(c)does not include a Land Area Management Unit;"consideration" means the price in money or money's worth paid or given inreturn for any benefit;"CPS" means the Current Payment System referred to in Sub-Part B of PartVIII;[“CPS period”] Definition deleted;53*“CPS quarter” means the quarter specified in section 106;54*["CPS threshold"] Definition deleted;55*"credit", in relation to foreign tax, means the amount deductible fromincome tax under section 77;“CSG” means CSG payable under the National Pensions Act;56**Please refer to endnotes at Appendix 1Page 13 of 449

MRATHE INCOME TAX ACT 199514“CSR programme” means a programme having as its objects the alleviation ofpoverty, the relief of sickness or disability, the advancement of education ofvulnerable persons or the promotion of any other public object beneficial tothe Mauritian community;57*"Current Payment System" means the system of payment of income taxreferred to in Sub-Part B of Part VIII;"deep sea international trade" means any trade excluding fishing carriedout outside the territorial waters of Mauritius;["dependent child" ] Definition deleted;58*["dependent spouse"] Definition deleted;59*“Director-General” means the Director-General of the Authority;60*"disabled person" means a person suffering from permanent disablement;61*"disincorporation", in sections 16 and 56, means the transfer of all theassets and liabilities of a company to the persons who were shareholders ofthat company;"dividends"62*(a)means a distribution authorised by the Board of Directors of acompany and made out of the retained earnings of the company, afterhaving made good any accumulated losses at the beginning of itsaccounting period, either in cash or in shares to its shareholders; and(b)includes a distribution under section 45(3), 45A(4), 46(4) and49A(4);63* but(c)does not include interest deemed to be dividends under section 84and a benefit referred to in section 86A;64*[ "earned income" ], Definition deleted;65*“Economic Development Board” means the Economic Development Boardestablished under the Economic Development Board Act 2017;66*"emoluments" -*(a)means any advantage in money or in money's worth referred to insection 10(1)(a); and(b)includes (i)a remuneration to the holder of any office and fees payable tothe director of a company;(ii)an allowance under the National Assembly Allowances Act ora pension under the National Assembly (Retiring Allowances)Act;Please refer to endnotes at Appendix 1Page 14 of 449

MRATHE INCOME TAX ACT 199515(iii)a remuneration payable to a Mayor, Chairman of a DistrictCouncil or Chairman of a Village Council under the LocalGovernment Act 1989;(iv)an allowance payable to an apprentice;(v)an allowance under the Rodrigues(Allowances and Privileges) Act 2002;67*RegionalAssembly"employee" means a person who receives or is entitled to receiveemoluments;68*"employees' share scheme" means a scheme or fund established for thebenefit of the employees of an employer under the Companies Act 2001;69*"employer" (a)means a person responsible for the payment of emoluments; and(b)includes an agent of that person; but(c)does not include a person employing only household employees;["equity fund"];70*"exempt income" means any income specified in the Second Schedule;"exempt person" –(a)means an employee whose emoluments in a month do notexceed one thirteenth of the Category A Income ExemptionThreshold specified in the Third Schedule; but(b)does not include a director or a member referred to in section96(3);71*“export of goods”72* includes international buying and selling of goods byan entity in its own name, whereby the shipment of such goods is madedirectly by the shipper in the original exporting country to the final importerin the importing country, without the goods being physically landed inMauritius;“foreign source income”73* means income which is not derived fromMauritius;"foreign tax" means any tax of every kind and description imposed by thelaw of another State;74*"foreign vessel", in relation to item 9 of Sub-Part C of the Second Schedule,means a ship registered in Mauritius and owned by -75**(a)a body corporate incorporated in Mauritius which is not under theeffective control of citizens of Mauritius; or(b)a body corporate which is incorporated outside Mauritius;Please refer to endnotes at Appendix 1Page 15 of 449

MRATHE INCOME TAX ACT 199516“Foundation” has the same meaning as in the Foundations Act 2012;76*“gains”, in relation to gains from the sale or transfer of immovable property,means the gains referred to in section 10A;77*“Government securities” has the same meaning as in the Public DebtManagement Act 2008;78*"gross", in relation to an amount, means without any deduction from thatamount;"gross income" means (a)the aggregate amount of all income (i)in the case of an individual, specified in Sub-Part A of Part III ;or(ii)in any other case, specified in Sub-Part B of Part IV,other than exempt income; or(b)the amount of income derived from a particular source without anydeduction from that amount;["handicapped"] Definition deleted;79*["health institution"] Definition deleted;80*"hotel" means any building in which (a)not less than 9 bedrooms appropriately furnished together withnecessary amenities are set apart for letting; and(b)one or more rooms are set apart and structurally built or adapted andappropriately furnished for the preparation and sale to residents offood and drinks for consumption;81*"household employee" means any person employed by a person other thana company, société, trust, trustee or other body of persons to work in hisprivate dwelling and the grounds attached thereto and includes a driver;"ICT company" -*(a)means a company deriving at least 75 per cent of its gross incomefrom information and communication services as defined in theInformation and Communication Technologies Act 2001; but(b)does not include public paid or mobile telecommunication networkand service including value added services and mobile internet;82*Please refer to endnotes at Appendix 1Page 16 of 449

MRATHE INCOME TAX ACT 199517“immigration officer” has the same meaning as in the Immigration Act;83*"income tax" -84*(a)means the income tax imposed by section 4; and(b)includes –(c)(i)Repealed;85*(ii)the levy imposed by Sub-Part AB of Part III, or Sub-Part AB orSub-Part AC of Part IV;86*(iia)the CSR charge under Sub-Part AD of Part IV;87*(iib)the one-off charge on turnover and book profit under section50M;88*(iic)the presumptive tax under Sub-part BD of Part VIII;89*(iii)any penalty or interest imposed under this Act; butdoes not include any fine;"income year", in relation to the income of any person, means the year inwhich that income is derived by him;"incorporation", in sections 16 and 56, means the transfer to a company ofall the assets and liabilities of a business in consideration of the issue ofshares in that company;"industrial premises" means any building or structure, including anyextension thereto, used (a)*for the purposes of a trade (i)carried on in a mill, factory or other similar premises;(ii)consisting of the manufacture of goods or materials, or thesubjection of goods or materials to any process;(iii)consisting of the storage of goods or materials which are to beused in the manufacture of other goods or materials or are tobe subjected, in the course of a trade, to any process;(b)for the purposes of a transport, dock or electricity undertaking;(c)for the purposes of a hotel [containing not less than 6 bedrooms for theaccommodation of guests for reward]90*;(d)for the provision of education or training;91*Please refer to endnotes at Appendix 1Page 17 of 449

MRATHE INCOME TAX ACT 199518(e)for the purpose of operating an aerodrome;(f)for the welfare of workers employed in a trade or undertaking specifiedin paragraphs (a) to (e); butdoes not include (i)any building or structure in use as, or part of, a dwelling houseor used for any purpose ancillary to the purposes of a dwellinghouse; or(ii)any land, tree, plant, garden or earthworks;["inter-crop season"]92* Definition repealed ;"Land Area Management Unit" has the same meaning as in the FarmersService Corporation Act 1991;"lease" means a tenancy of any duration, whether in writing or otherwise,and includes a sublease or a contract of hire;“limited liability partnership” has the same meaning as in the LimitedLiability Partnerships Act 2016;93*“limited partnership” means a limited partnership registered under the94Limited Partnerships Act 2011;*"listed company" means a company the securities of which are listed on asecurities exchange;95*"local authority" has the same meaning as in the Local Government Act1989;"loss" in sections 20 and 59 means the amount of the deficit where theallowable deductions exceed the gross income in an income year;"manufacture" -*(a)means the transformation of materials or semi-processed materialsinto finished or semi-finished goods; and(b)includes the –96*(i)assembly of parts into a piece of machinery or equipment orother product;(ii)retreading of used tyres;(iii)recycling of waste;Please refer to endnotes at Appendix 1Page 18 of 449

MRATHE INCOME TAX ACT 199519"manufacturing company" (a)means a company which derives at least 75 per cent of its grossincome from manufacturing activities in Mauritius; but(b)does not include (i)a company engaged in the manufacture of alcoholic drinksor cigarettes and other tobacco products; or(ii)97*a company engaged in carrying on the business ofrestaurant;["miller" ] Definition deleted;98*"mineral" includes oil, clay, stone, gravel or sand;"Minister" means the Minister to whom the responsibility for the subject offinance is assigned;“National COVID-19 Vaccination Programme Fund” means the Fundestablished under the Finance and Audit (National COVID-19 VaccinationProgramme Fund) Regulations 2020;99*"net income" means the aggregate amount remaining after deducting fromthe gross income all allowable deductions;“NIC number” has the same meaning as in the Civil Status Act;100*"non-citizen" means an individual who is not a citizen of Mauritius;"non-resident"101* –(a)for the purposes of sections 6(4)(b), 161A(1)(g) and items 4 and 5 ofSub-Part B of Part II of the Second Schedule, and the Income Tax(Foreign Tax Credit) Regulations 1996 in so far as they apply to abank holding a banking licence under the Banking Act 2004 (i)in the case of an individual, means a person –(A)(ii)*whose permanent place of abode is outside Mauritius;and[B] who is outside Mauritius at the time the services aresupplied;in the case of any other person –(A)means a person whose centre of economic interest islocated outside Mauritius; and(B)includes a company incorporated in Mauritius in so faras its banking transactions carried out through d; butPlease refer to endnotes at Appendix 1Page 19 of 449

MRATHE INCOME TAX ACT 1995[C](b)20does not include a company incorporated outsideMauritius in so far as its banking transactions carriedout through a permanent establishment in Mauritius areconcerned;in any other case, means a

12. Income received in anticipation 13. Valuation of trading stock 14. Transfer of trading stock with other assets or for inadequate consideration 15. Deemed income arising from expenditure or loss discharged 16. Apportionment of income on incorporation and disincorporation [Sub-Part AA -Solidarity Income Tax] Repealed 16A.

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