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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> 14<br />

(4) Where, in respect <strong>of</strong> a continuous supply <strong>of</strong> services, invoices are issued at<br />

regular intervals and the rate <strong>of</strong> tax is varied, the rate <strong>of</strong> tax on the supply <strong>of</strong> those services<br />

shall be varied as from the date <strong>of</strong> the variation. 52*<br />

11. Zero-rating<br />

(1) Where a taxable person supplies goods or services and the supply is zero-rated -<br />

(a)<br />

(b)<br />

no VAT shall be charged on the supply; but<br />

it shall in all respects be treated as a taxable supply, and<br />

accordingly the rate at which VAT is treated as charged on the supply shall be nil.<br />

(2) A supply <strong>of</strong> goods or services is zero-rated by virtue <strong>of</strong> this section if the<br />

goods or services are <strong>of</strong> a description specified in the Fifth Schedule.<br />

12. <strong>Value</strong> <strong>of</strong> taxable supplies<br />

(1) For the purposes <strong>of</strong> this <strong>Act</strong>, the value <strong>of</strong> any taxable supply made by a taxable<br />

person shall, subject to the other provisions <strong>of</strong> this <strong>Act</strong>, be determined in accordance with the<br />

provisions <strong>of</strong> this section.<br />

(2) If the supply is for a consideration in money, its value shall be taken to be<br />

such amount as, with the addition <strong>of</strong> the VAT chargeable, is equal to the consideration.<br />

(3) If the supply is for a consideration not consisting or not wholly consisting <strong>of</strong><br />

money, the value <strong>of</strong> the supply shall be taken to be the open market value <strong>of</strong> the supply.<br />

(4) Where a taxable supply is not the only matter to which a consideration in<br />

money relates, the supply shall be deemed to be for such part <strong>of</strong> the consideration as is<br />

properly attributable to it.<br />

(5) For the purposes <strong>of</strong> subsection (3), the open market value <strong>of</strong> a supply <strong>of</strong> goods<br />

or services shall be taken to be the amount that would fall to be taken as its value under<br />

subsection (2) if the supply were for such consideration in money as would be payable by a<br />

person who has no relationship with any person which would affect that consideration.<br />

(6) Where a supply <strong>of</strong> any <strong>of</strong> the goods specified in Part I <strong>of</strong> the Seventh Schedule<br />

is made by a registered person - 53*<br />

(a)<br />

(b)<br />

at the stage in the chain <strong>of</strong> distribution immediately before the stage <strong>of</strong><br />

retail, VAT shall be calculated on such value <strong>of</strong> the supply as excludes<br />

the retail margin.<br />

at the stage <strong>of</strong> retail, VAT shall be calculated on the value <strong>of</strong> the<br />

supply as specified in paragraph (a).<br />

(7) Where a supply <strong>of</strong> any <strong>of</strong> the goods specified in Part II <strong>of</strong> the Seventh<br />

Schedule is made by a registered person - 54*<br />

* Please refer to endnotes at Appendix Page 14 <strong>of</strong> 107

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