Value Added Tax Act 1998 - The Mauritius Chamber of Commerce ...
Value Added Tax Act 1998 - The Mauritius Chamber of Commerce ...
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> 42<br />
No levy shall be paid in a financial year where -<br />
(a)<br />
(b)<br />
the operator had incurred a loss; or<br />
the pr<strong>of</strong>it <strong>of</strong> the operator before tax does not exceed 5 per cent <strong>of</strong> his turnover,<br />
in respect <strong>of</strong> the accounting year immediately preceding the commencement <strong>of</strong> the financial<br />
year.<br />
53E. Adjustment <strong>of</strong> levy<br />
(1) Where no levy is payable by an operator in a financial year by virtue <strong>of</strong><br />
section 53D and at the end <strong>of</strong> the financial year, it is found that his pr<strong>of</strong>it before tax in respect<br />
<strong>of</strong> the accounting year immediately preceding the end <strong>of</strong> the financial year exceeds 5 per cent<br />
<strong>of</strong> his turnover for that accounting year, the operator shall pay to the Director-General the<br />
total levy in respect <strong>of</strong> that financial year within such time as may be prescribed.<br />
(2) Where levy is payable by an operator during a financial year and it is found<br />
that -<br />
(a)<br />
the operator had incurred a loss; or<br />
(b) the pr<strong>of</strong>it <strong>of</strong> the operator before tax does not exceed 5 per cent <strong>of</strong> his<br />
turnover,<br />
in respect <strong>of</strong> the accounting year immediately preceding the end <strong>of</strong> the financial year, the levy<br />
paid during that financial year shall be refunded to the operator within such time as may be<br />
prescribed.<br />
53F. Late payment <strong>of</strong> levy<br />
Where the operator fails to pay the levy on or before last day on which it is payable<br />
under section 53C, he shall be liable to pay to the Director General, in addition to the levy –<br />
(a)<br />
(b)<br />
a penalty <strong>of</strong> 5 per cent <strong>of</strong> the levy; and<br />
interest on the levy, excluding the penalty under paragraph (a), at the rate <strong>of</strong><br />
one per cent per month or part <strong>of</strong> the month in which the levy remains unpaid.<br />
53G. Assessment and recovery <strong>of</strong> levy 161*<br />
<strong>The</strong> provisions <strong>of</strong> Parts VII, VIII, and IX and sections 65, 67, 68, 69, 70 and 71 <strong>of</strong><br />
the <strong>Value</strong> <strong>Added</strong> <strong>Tax</strong> <strong>Act</strong> shall apply to the levy with such modifications, adaptations and<br />
exceptions as may be necessary to bring them in conformity with this Part.<br />
53H. Interpretation<br />
In this Part -<br />
“levy” –<br />
* Please refer to endnotes at Appendix Page 42 <strong>of</strong> 107