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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> 46<br />

(4) Where the Director-General compounds an <strong>of</strong>fence in accordance with this<br />

section -<br />

(a)<br />

(b)<br />

the amount for which the <strong>of</strong>fence is compounded shall be deemed to be<br />

tax assessed under this <strong>Act</strong> and shall be recoverable as tax; and<br />

no further proceedings shall be taken in respect <strong>of</strong> the <strong>of</strong>fence so<br />

compounded against the person.<br />

62. <strong>Tax</strong> payable notwithstanding prosecution<br />

Any person convicted <strong>of</strong> an <strong>of</strong>fence under this <strong>Act</strong> or any regulations made<br />

thereunder or who has agreed to the compounding <strong>of</strong> an <strong>of</strong>fence under section 61 shall not be<br />

relieved <strong>of</strong> his liability for payment <strong>of</strong> any tax due.<br />

63. Cessation or transfer <strong>of</strong> business<br />

PART XII - MISCELLANEOUS<br />

(1) Where a registered person intends to cease business, he shall immediately<br />

notify the Director-General in writing <strong>of</strong> the date <strong>of</strong> the cessation <strong>of</strong> business.<br />

(2) Subject to subsection (3), a registered person who ceases business shall, within<br />

15 days <strong>of</strong> the date <strong>of</strong> the cessation -<br />

(a)<br />

(b)<br />

submit a return and pay all tax due including the tax due on any goods<br />

forming part <strong>of</strong> the assets <strong>of</strong> the business other than those specified in<br />

section 21(2)(b); and 165*<br />

return to the Director-General his certificate <strong>of</strong> registration and all his<br />

copies.<br />

(3) Where a registered person, who ceases to carry on business, sells or otherwise<br />

transfers his business as a going concern to another person, he shall not submit a return and<br />

pay the tax as required under subsection (2)(a), but the purchaser or transferee <strong>of</strong> the business<br />

shall be deemed to be a taxable person and shall forthwith register as a registered person<br />

under section 15.<br />

64. <strong>Tax</strong> liability <strong>of</strong> appointed person<br />

(1) Where an administrator, executor, receiver or liquidator is appointed to<br />

manage or wind up the business <strong>of</strong> any taxable person, the appointed person shall -<br />

(a)<br />

(b)<br />

give notice <strong>of</strong> the appointment to the Director-General, within 15 days<br />

<strong>of</strong> the date <strong>of</strong> the appointment, in such manner and in such form as<br />

may be approved by the Director-General;<br />

before disposing <strong>of</strong> any asset <strong>of</strong> the taxable person, set aside such sum<br />

out <strong>of</strong> the asset as appears to the Director-General to be sufficient to<br />

* Please refer to endnotes at Appendix Page 46 <strong>of</strong> 107

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