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

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MRA The Value Added Tax Act 80 FA 20/2002 - Subsection (6) amended w.e.f 01.07.02 :- Where credit for any input tax has not been taken in the taxable period in which it ought to have been taken, a registered person may take such credit within a period of 24 months of the date the input tax was paid. VAT Act 1998:- Where credit for any input tax has not been taken in the taxable period in which it ought to have been taken, a registered person may take such credit within a period of 12 months of the date the input tax was paid. 86 FA 2009 -Section 21(7) paragraph (a) amended, the words “that building no longer forms part of his fixed assets” deleted and replaced by the words “that building is sold or otherwise transferred” w.e.f. 30 July 2009. 87 FA 2009 - Section 21(7) paragraph (b) amended, the words “which the building has ceased to form part of his fixed assets” deleted and replaced by the words “during which the building has been sold or otherwise transferred” w.e.f. 30 July 2009. 88 FA 20/2002 - Subsection (8) added w.e.f 01.07.02. 89 FA 2007 - Section 21 amended, by inserting immediately after subsection (8), subsections (9) and (10) w.e.f 22.08.07 - 90 FA 2006 – Paragraph (e) Repealed and replaced w.e.f 01.07.06. VAT Act 1998 :- (e) such other particulars as may be required in the form of the return. 91 FA 2006 – Paragraph ( f ) added w.e.f 01.07.06. 92 FA 2006 – Subsection (1A) added w.e.f 07.08.06. 93 FA 2006 – Subsection (1B) added w.e.f 07.08.06. 94 FA 2006 – Subsection ( 2 ) deleted and replaced w.e.f 07.08.06.. VAT Act 1998 :- (2) Where a registered person submits a return under subsection (1) and - 95 FA 18/2003 - Existing provision numbered subsection (1) w.e.f 21.07.03. 96 MRA Act 2004 - Director-General replacing Commissioner. 97 FA 2006 – Subsection (1) (b) amended by deleting the words “the appropriate penalty specified in section 27” and replacing them by the words “any interest under section 27A”; shall come into operation on 1 October 2006 in respect of taxable period commencing 1 October 2006 and in respect of every subsequent taxable period. VAT Act 1998 :- ( b ) at the same time, pay any tax due in accordance with the statement together with the appropriate penalty specified in section 27. 98 FA 2007 – Subsection (2) repealed and replaced w.e.f 22.08.07. FA 18/2003 - Subsection (2) added w.e.f 21.07.03. (2) Notwithstanding section 21(5)(a), any registered person may, in the statement under subsection (1), take as a credit against his output tax for the taxable period, the amount of input tax allowable to him during that period provided that the amount of input tax is duly supported by receipts or invoices issued by VAT registered persons and the amount of VAT is separately shown thereon. 99 FA 2006 – Subsection ( 1 ) amended w.e.f 07.08.06. MRA Act 2004 - Director-General replacing Commissioner. FA 14/2005 – Subsection (1) amended w.e.f 21.04.05. Page 80 of 107
MRA The Value Added Tax Act 81 (1) Where a registered person submits a return under section 22 and the excess amount includes input tax amounting to more than 150,000 rupees or such other amount as may be prescribed, on capital goods being building or structure (including extension and renovation), plant, machinery or equipment, of a capital nature, the registered person may, in that return, make a claim to the Director-General for a repayment of the amount of input tax allowable in respect of those capital goods. FA 23/2001 - Subsection (1) amended w.e.f 07.08.2001:- Where a registered person submits a return under section 22 and the excess amount includes input tax amounting to more than 150,000 rupees or such other amount as may be prescribed, on capital goods being building (including extension and renovation), plant, machinery or equipment, of a capital nature, the registered person may, in that return, make a claim to the Commissioner for a repayment of the amount of input tax allowable in respect of those capital goods. VAT Act 1998:- Where a registered person submits a return under section 22 and the excess amount includes input tax paid and amounting to more than 150,000 rupees or such other amount as may be prescribed, on capital goods being building (including extension and renovation), plant, machinery or equipment, of a capital nature, the registered person may, in that return, make a claim to the Commissioner for a repayment of the amount of input tax allowable in respect of those capital goods. 100 MRA Act 2004 - Director-General replacing Commissioner. 101 102 FA 23/2001 – Subsection (2) amended w.e.f 11.08.01. FA 18/1999 - Subsection (2) amended w.e.f 01.09.99 :- Subject to subsections (3) and (4), where, in respect of a taxable period, a return shows an excess amount, the registered person may, in that return, make a claim to the Commissioner for repayment, in addition to any amount repayable under subsection (1), of that part of the excess amount which corresponds to the proportion of the value of zero-rated supplies to the total value of taxable supplies in that taxable period, provided that the amount of tax claimed has duly been paid by that person. VAT Act 1998 :- Subject to subsections (3) and (4), where, in respect of a taxable period, a return shows an excess amount, the registered person may, in that return, make a claim to the Commissioner for repayment, in addition to any amount repayable under subsection (1), of that part of the excess amount which corresponds to the proportion of the value of zero-rated supplies to the total value of taxable supplies in that taxable period, provided that the amount of tax claimed has duly been paid by that person. MRA Act 2004 - Director-General replacing Commissioner. FA 23/2001 – Paragraph (a) amended w.e.f 11.08.01. FA 18/1999 – Paragraph (a) amended w.e.f 01.09.99 :- Where a return shows an excess amount and the registered person is mainly engaged in making zero-rated supplies; he may, in that return, make a claim to the Commissioner for a repayment of the whole or part of the excess amount, provided that the amount claimed has duly been paid by that person; VAT Act 1998 :- Where a return shows an excess amount and the registered person is mainly engaged in making zero-rated supplies; he may, in that return, make a claim to the Commissioner for a repayment of the whole or part of the excess amount, provided that the amount claimed has duly been paid by that person; FA 2007 - Section 24(4) amended by inserting immediately after paragraph (a), paragraph (aa) w.e.f 22.08.07. 103 FA 2007 - Paragraph (b) amended by deleting the words “paragraph (a)” and replacing words “paragraphs (a) and (aa)” them by the 104 FA 18/2003 - Subsection (9) amended w.e.f 21.07.03. FA 25/2000 – subsection (9) added w.e.f 11.08.00 :- Where in respect of a claim for repayment under this section, it is found that an amount has been overclaimed, the registered person shall, subject to subsection (10), be liable to pay to the Commissioner a penalty representing 20 per cent of the amount overclaimed Note : Subsection (9), (10), (11) and (12) added by FA 25/2000 w.e.f 11.08.00. Page 81 of 107
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Value Added Tax Act 1998 - The Mauritius Chamber of Commerce ...

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