22.01.2015 Views

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 ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

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

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!