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Value Added Tax Act 1998 - The Mauritius Chamber of Commerce ...

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MRA <strong>The</strong> <strong>Value</strong> <strong>Added</strong> <strong>Tax</strong> <strong>Act</strong> 11<br />

(b)<br />

at the time payment for that supply is received by the supplier,<br />

whichever is the earlier.<br />

(2) Where services are supplied for a continuous period under any enactment or<br />

agreement which provides for periodic payments, the services are treated as successively<br />

supplied for successive parts <strong>of</strong> the period as determined by the enactment or agreement and<br />

each successive supply shall be deemed to take place -<br />

(a)<br />

(b)<br />

at the time an invoice or a VAT invoice in respect <strong>of</strong> that supply is<br />

issued by the supplier; or<br />

at the time payment for that supply is received by the supplier,<br />

whichever is the earlier.<br />

(3) Where a taxable supply is made -<br />

(a)<br />

(b)<br />

under a hire purchase agreement, the supply shall be treated as a<br />

supply <strong>of</strong> goods and it shall be deemed to be supplied at the time the<br />

agreement is made; or<br />

under a lease agreement, the supply shall be treated as a supply <strong>of</strong><br />

services and it shall be deemed to be supplied -<br />

(i)<br />

(ii)<br />

at the time an invoice or a VAT invoice in respect <strong>of</strong> that<br />

supply is issued by the supplier; or<br />

at the time payment for that supply is received by the supplier,<br />

whichever is the earlier.<br />

(4) Where any goods specified in Part II <strong>of</strong> the Seventh Schedule are supplied at<br />

the stage in the chain <strong>of</strong> distribution immediately before the retail stage, the time <strong>of</strong> supply <strong>of</strong><br />

those goods shall, subject to subsection (1), be treated, for all intents and purposes, as if the<br />

supply at the retail stage has taken place. 41*<br />

(5) Notwithstanding the other provisions <strong>of</strong> this section, the Minister may ,by<br />

regulations, make provision with respect to the time at which a supply is to be treated as<br />

taking place in cases where it is a supply <strong>of</strong> goods or services for a consideration, the whole<br />

or part <strong>of</strong> which, is payable periodically or from time to time, or at the end <strong>of</strong> any period.<br />

6. Application <strong>of</strong> the <strong>Act</strong><br />

(1) This <strong>Act</strong> shall bind the State.<br />

(2) Where in any enactment or agreement made before or after the<br />

commencement <strong>of</strong> this <strong>Act</strong>, it is provided that notwithstanding any other enactment a<br />

statutory corporation or any other person shall be exempt from the payment <strong>of</strong> the whole or<br />

part <strong>of</strong> any tax, that provision shall not be construed as an exemption from the payment <strong>of</strong><br />

VAT under this <strong>Act</strong>.<br />

* Please refer to endnotes at Appendix Page 11 <strong>of</strong> 107

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