Tax Legislation in Mauritus

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INCOME TAX The main income tax legislation in Mauritius is the Income Tax Act 1995 as amended by subsequent Finance Acts. Corporate and Personal Taxes are embodied under one heading of Income Tax and are payable by all resident companies and individuals on non-exempt income derived from Mauritius and from other sources. The profits of all Resident ‘Sociétés’ (Partnerships) are taxable in the hands of the associates in proportion to their profit sharing ratio. A non-resident société is liable to income tax as if the société was a company. ‘Resident’, in relation to an income year, means: • a company which is incorporated in Mauritius or has its Central Management and control in Mauritius • an individual who: a) has his/her domicile in Mauritius unless his/her permanent place of abode is outside Mauritius b) has been present in Mauritius in that income tax year for a period of, or an aggregate period of, 183 days or more or has been present in Mauritius in that income year and the two preceding income years for an aggregate period of 270 days or more • a société which has its seat in Mauritius and includes a société which has at least one associate resident in Mauritius • trust – where the trust is administered in Mauritius and a majority of the trustees are resident of Mauritius or where the settler of the trust was resident in Mauritius at the time the instrument creating the trust was executed • any other association – an association or body of persons which is managed or administered in Mauritius. Personal Tax As from 1 January 2010, the fiscal year is on a calendar year basis. Income Tax is payable by residents on non-exempt income derived from Mauritius less allowable deductions including interest on housing loan, subject ... ... middle of paper ... ...r losses to its parent; and there are some special arrangements in the sugar industry. Filing requirements and payment of tax: The tax year is from 1st January to 31st December. There is a self-assessment system, on a previous year basis; a company must submit its tax return six months after their financial year end. Returns must be accompanied by full payment of tax due. The Commissioner of Income Tax may issue an assessment of his own if he disagrees with the company's assessment. There is an appeal process, winding up eventually at the Supreme Court. The 2007/8 budget introduced an Advance Payment System (APS) for companies, whereby they are required to effect quarterly provisional tax payment on the basis of the chargeable income of the preceding tax return. Final reconciliation of tax liability will be done when the annual tax return for that year is submitted.

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