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Mauritius

Overview

VAT was introduced in Mauritius in September 1998 as a replacement for sales tax. The VAT system has been designed as a simplified model with the aim of eliminating undue reliance on the government’s budget revenue derived from import taxation. Mauritius’ VAT mechanism is governed by the Value Added Tax Act 1998 and the Value Added Tax Regulations 1998.

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Release date: May 2023

Scope of VAT

Value added tax (VAT) is a tax on goods and services. VAT is charged on the supply of goods or services made in Mauritius where it is a taxable supply made by a taxable person in the course or furtherance of any business carried on by them.

Supply means:

  • in the case of goods, the transfer for a consideration of the right to dispose of the goods as the owner

  • in the case of services, the performance of services for a consideration.

A taxable supply is made when a taxable person, in the course or furtherance of their business, makes:

  • a supply of goods in Mauritius

  • a supply of services that is performed or utilised in Mauritius.

A taxable supply includes a supply which is zero-rated but excludes an exempt supply.

A taxable person relates to any person who is required to be registered compulsorily for VAT purposes and includes a registered person.

A person means an individual, company, société, trust, economic entity or similar organisation, club or association, Ministry or Government department and any local authority.

A registered person means a person who is registered compulsorily or voluntarily for VAT purposes.

VAT on any taxable supply is a liability to the taxable person making the supply and is due at the time of the supply.

VAT rates

Taxable supplies — 15%

The standard rate of VAT in Mauritius is 15%. The rate applies to all standard rated supplies of goods and services.

A taxable supply includes a supply which is zero-rated, but it does not include an exempt supply.

Zero-rated supplies — 0%

Items of zero-rated supplies are listed under the Fifth Schedule to the VAT Act. A zero-rated supply of services is a service rendered to a person who belongs in a country other than Mauritius and who is outside of Mauritius at the time the service is performed.

Some examples of such supplies include, among others:

  • exports of goods from Mauritius under Customs control and export of services from Mauritius

  • certain goods and services which are supplied on the local market (see section on zero-rated supplies).

No VAT is charged on zero-rated supplies, but they are considered as part of taxable supplies.

VAT registration

Compulsory registration

The VAT Act states that a company is required to register for VAT if the annual turnover of its taxable supplies exceeds or is likely to exceed Rs6m (approx. USD150,000).

Some persons as listed in the Tenth Schedule to the VAT Act are also required to compulsorily register for VAT irrespective of their turnover, for example:

  • accountant and/or auditor

  • advertising agent

  • adviser including investment advisor and tax advisor

  • architect

  • attorney and/or solicitor

  • consultant including legal consultant, tax consultant, management consultant and management company other than a holder of a management licence under the Financial Services Development Act 2001

  • engineer

  • estate agent

  • land surveyor

  • notary

  • quantity surveyor

  • agent in the importation of second-hand cars or other motor vehicles

  • banks.

However, where the turnover of a company is made up exclusively of zero-rated supplies or zero-rated and exempt supplies, the company is not compulsorily required to register for VAT.

Any taxable person who does not apply for compulsory registration shall be liable to pay a penalty of Rs5,000 for every month or part of the month from the taxable period in respect of which they are liable to be registered as a registered person up to the month immediately preceding the month in which the application for registration is submitted. The penalty is capped at Rs50,000.

Voluntary registration

Any person who makes taxable supplies not exceeding Rs6m (approx. USD150,000) in the course and furtherance of their business, may apply to the Mauritius Revenue Authority (MRA) for voluntary registration as a registered person.

Certificate of registration

Upon registration (compulsory or voluntary), the MRA will allocate to the person a VAT registration number and issue them a certificate of registration.

Group or branch registration

No such regulations have been issued to date in Mauritius.

Non-residents

A non-resident person under the Mauritius VAT Act, in the case of an individual, means a person whose permanent place of abode is outside Mauritius and who is outside Mauritius at the time the services are supplied.

In the case of any other person, a non-resident:

  • means a person whose centre of economic interest is located outside Mauritius, and
  • includes a company incorporated in Mauritius in so far as its banking transactions carried out through a permanent establishment outside Mauritius are concerned, but
  • does not include a company incorporated outside Mauritius in so far as its banking transactions carried out through a permanent establishment in Mauritius are concerned.

Application for registration

A non-resident person will be required to be registered for VAT if they derive income from activities being conducted in Mauritius and either their turnover exceeds the VAT registration threshold or they fall within the persons listed in the Tenth Schedule to the VAT Act.

Deregistration

A VAT registered person may deregister upon cessation of business or if their annual taxable turnover becomes less than Rs6 million.

Input VAT

Input tax allowed

Any taxable person may take as a credit against its output tax in any taxable period, the amount of input tax allowable to them during that period.

Input tax is deductible where:

  • a valid original VAT invoice or a certified copy of such invoice has been obtained from suppliers legally authorised to charge VAT or a valid customs entry and receipt have been obtained

  • it relates to taxable supplies and is not an item for which input tax is specifically denied 

  • the input tax has been suffered in Mauritius

  • the time period for claiming input tax has not yet expired (within 36 months).

Input tax expressly denied

No input tax is allowed as a credit in respect of items such as:

  • goods or services used to make an exempt supply

  • motor cars and other motor vehicles for the transport of not more than nine persons including the driver, motorcycles and mopeds, for own use or consumption, and their spare parts and accessories

  • accommodation or lodging, catering services, receptions, entertainment, and the rental or lease of motor cars and other specified vehicles for own use or consumption

  • maintenance or repairs or petroleum gas used in connection with motor cars and other vehicles specified above

  • petroleum oils and other oils except fuel oils, oils or preparation used for resale, gas oils for use in stationary engines, boilers and burners

  • goods and services used by banks holding a banking licence under the Banking Act 2004 for providing banking services other than to non-residents and corporations holding a global business licence under the Financial Services Development Act 2001

  • banking services provided by banks holding a banking licence under the Banking Act 2004 other than to non-residents and corporations holding a global business licence under the Financial Services Development Act 2001.

Input VAT allowed in proportion

Where a registered person makes fully taxable supplies (i.e. standard and zero-rated supplies), it should be able to recover the full amount of input VAT according to the VAT Act.

Also, where goods or services are used to make both taxable supplies and exempt supplies, the credit in respect of those goods or services shall be allowed in the proportion of the value of taxable supplies to total turnover.

Preregistration or post-deregistration VAT

Preregistration

A person may take a credit for input tax on the goods forming part of their trading stocks and capital goods (being plant, machinery or equipment of a capital nature), provided these were acquired within a period not exceeding three months immediately preceding the date of their registration.

Post deregistration

Where the registration of a registered person is cancelled the person must:

  • cease to hold themself out to be a registered person

  • submit a return and pay the tax due, including tax on any capital goods exceeding Rs100,000 forming part of the assets of the business

  • immediately return to the MRA their certificate of registration and all its copies.

Where the registration of a person is cancelled and the return for the last taxable period of that person shows an excess of input tax over output tax, the excess of input tax over output tax will not be refundable.

Is there recovery of VAT by non-residents?

Where VAT paid supplies of taxable goods are made to a visitor, an approved person or the MRA will refund to the visitor the VAT paid on the goods, after deducting specific administrative charges.

A visitor means a person holding a foreign passport and a valid ticket for travel by air or sea to a foreign airport or port.

Output tax

Brief description of output tax

Output tax means tax that is due on taxable supplies. Output tax is computed by applying the VAT rate attributable to the taxable value of the supply. The VAT rate attributable to the supply will depend on whether the supply is taxable at the standard rate or at the zero rate.

Exempt supplies

Businesses that deal exclusively in exempt supplies are not required to register for VAT and cannot claim relief from input tax on the goods and services that they consume. The exempt supplies include, but are not limited to:

  • goods such as breakfast cereals, common salt other than common salt produced in Mauritius, journals and periodicals, among others

  • veterinary services and services provided in a residential care home

  • educational services and training services approved by the Mauritius Qualifications Authority

  • financial services such as banking services, services provided by foreign exchange dealers and money changers, services provided by a subsidiary of the Bank of Mauritius, the management of investment funds and of pension funds, amongst others.

Zero-rated supplies

A zero-rated supply is treated as a taxable supply and no VAT is charged on such supply.

Zero-rated supplies include, but are not limited to:

  • goods exported from Mauritius under customs control

  • goods such as rice, wheat flour and wheat bran, bread, edible oils, margarine and butter, sugar, sugar cane, molasses and bagasse, tea, honey, spices, fertilisers, common salt, fish, among others

  • the supply of goods or services provided that the goods and services so supplied are meant wholly and exclusively for the freeport activities of the licensee whose business premises are located in a freeport zone

  • the supply of services to a person who belongs in a country other than Mauritius and who is outside Mauritius at the time the services are performed

  • chilled deep-sea water used for the provision of air conditioning services

  • CCTV camera systems, including CCTV digital video recorders

  • medical, hospital and dental services, including clinical laboratory services and services provided in a health institution

  • protective masks, breathing appliances and gas masks, hand sanitisers.

Advertising prices

Where goods are advertised or promoted, the retail price should be inclusive of VAT, together with the words ‘VAT INCLUSIVE’. In the case where VAT is not chargeable on the goods, the selling price of the goods should indicate the words ‘VAT NIL’.

International trade

Goods

The term ‘import’ under the Mauritius VAT Act means to bring or to cause to be brought into Mauritius.

A person who imports goods, other than goods which are exempt from VAT under the First Schedule to the VAT Act or which are zero-rated, has to pay VAT on those goods.

VAT is charged at the rate of 15% on the value of goods imported. The value of goods imported includes:

  • the customs value of the goods

  • the customs duty and excise duty payable on the goods

  • the MID levy

  • the CO₂ levy

  • the levy on energy consumption.

Note that no VAT is payable on goods imported into a freeport zone. Where a company in the freeport zone makes a taxable supply to a person operating outside the freeport zone, such supply is considered as an import of goods and is subject to VAT.

Services

There is no specific legislation governing VAT on import of services. However, Section 14 of the VAT Act governs the reverse charge mechanism on the supply of services received from abroad.

Where a person who does not belong in Mauritius and is not VAT registered makes a taxable supply of services which are performed or utilised in Mauritius, to a registered person, then all the same consequences shall follow under the VAT Act as if the registered person had themself supplied the services in Mauritius and that supply were a taxable supply.

An export of services includes a supply of services to a person that belongs in a country other than Mauritius and who is outside Mauritius at the time the services are performed.

A person is considered as belonging in a country other than Mauritius if they:

  • have no permanent establishment in Mauritius for conducting their business

  • have their place of abode outside Mauritius.

Place, time and value of supply

Place of supply

There is no specific legislation in the VAT Act governing place of supply. However, the place of supply would be determined by reference to the place where the goods or services are being used or consumed.

Where goods or services are being used or consumed in Mauritius, the place of supply would be Mauritius.

Time of supply

A supply of goods or services shall be deemed to take place, at the earlier of

  •  the time an invoice or a VAT invoice in respect of that supply is issued by the supplier

  •  the time payment for that supply is received by the supplier.

Value of supply

If the supply is for a consideration in money, the value is taken to be such amount, including the VAT chargeable.

Where a supply does not consist (or does not consist wholly) of money or is not made in the course of an arm’s length transaction, the value of the supply is taken to be the open market value of the supply. The open market value of the supply would be the value of the supply had it been made under normal commercial terms.

The value of any taxable supply is required to be expressed in Mauritian currency.

VAT compliance

Accounting basis and tax period

Accounting year is defined under the VAT Act as follows:

  • in the case of a company, a period of 12 months ending on the date of the end of its accounting period

  • in any other case, a period of 12 months ending on 30 June.

A taxable period, in relation to a taxable person, means:

  • in the case where their annual turnover exceeds Rs10m, a month or part of the month

  • in any other case, a quarter or part of the quarter.

Returns and payment of VAT

At the end of its taxable period (either monthly or quarterly), a VAT registered person must submit a VAT return to the MRA specifying the following:

  • the amount of output tax payable

  • the amount of input tax allowable

  • the value of all taxable supplies made by them

  • the value of goods imported and the value of all taxable supplies made to them

  • any amount of solidarity levy payable.

Where a registered person is required to submit monthly VAT returns, they must also submit electronically a list of taxable supplies made to any person, other than supplies by retail, showing the invoice number and value of supply.

Interest and penalties

If a VAT registered person does not submit their VAT return by the due date, a penalty of Rs2,000 per month (or part of the month) is payable until the return is submitted to the MRA. The penalty for late submission is capped at Rs20,000. Where the company is a small enterprise, the penalty is capped at Rs5,000.

Late payment of tax carries a penalty of 10% of the tax liability. Where the company is a small enterprise, the penalty for late payment of tax is reduced to 2% of the tax liability.

Interest on tax unpaid is at the rate of 1% per month from the date the tax remained unpaid up to the date of payment. Where an amount has been refunded in excess, the interest shall be at the rate of 1% per month from the date of the repayment up to the date of payment of the amount claimed.

Where the tax authorities find out that a registered person has carried forward an excess amount of input tax, a penalty of 20% of the amount over-claimed is applicable (capped at Rs100,000) and the penalty is deemed to be output tax and is included in the person’s next VAT return.

Where the tax authorities find out that a registered person has claimed repayment in respect of an input VAT amount overclaimed, a penalty of 20% of the amount overclaimed is applicable (capped at Rs200,000).

Refunds

VAT credits are usually carried forward to offset against future VAT liabilities.

However, where a registered person is mainly engaged in making zero-rated supplies and their return shows an excess amount, they may make a claim for repayment of the whole excess amount. A person is considered as mainly engaged in making zero-rated supplies where at least 80% of their annual turnover relates to zero-rated supplies.

Repayments

A repayment of tax is also available where a registered person has an excess amount of input tax that includes input tax exceeding Rs100,000 on:

  • capital goods such as buildings or structures, including extensions and renovations, plant and machinery or equipment, of a capital nature

  • intangible assets of a capital nature being —

    • Goodwill on the acquisition of a business or part of a business.

    • Computer software, patents or franchise agreements.

A repayment is required to be processed within 45 days where:

  • a person has made a claim for repayment in respect of capital goods

  • a person claiming a repayment has submitted all invoices, documents and information requested relating to the claim.

Assessments, objections and review of assessments

Objections and appeals

Tax authorities may make an assessment (by way of written notice) of the tax due and payable or the excess amount to be carried forward in situations where:

  • a taxable person fails to register for VAT

  • a person fails to submit their VAT return

  • a person fails to keep proper records

  • a person wrongly benefits from a repayment of tax

  • a person fails to remit to the tax authorities any VAT charged on any supply made by them

  • a person fails to furnish information, or to produce books and records or to provide access to computers and other electronic devices to the tax authorities.

Where a person is not agreeable to an assessment made by the tax authorities, they may lodge an objection within 28 days of the date of the notice and pay 10% of any amount claimed in the assessment. The notice of objection must clearly specify the grounds of objection, the amendments to be made to correct the decision and the reason for the amendments.

After considering the objection, the tax authorities will:

  • disallow or allow it, in whole or in part

  • determine the objection

  • where appropriate, amend the assessment accordingly.

The tax authorities will then give a notice of determination to the person under assessment.

If the person is aggrieved by the decision of the tax authorities, they may lodge an appeal to the Assessment Review Committee (ARC). At the ARC level, the person may reach an agreement with the tax authorities by conducting informal meetings.

Otherwise, the case is heard before the Chairman of the ARC.

Where a person is still not satisfied by the decision of the ARC, they may reach out to the Supreme Court of Mauritius or to the Privy Council of the United Kingdom, which is the final court of appeal in Mauritius.

The tax authorities in Mauritius have equally set up an Alternative Tax Dispute Resolution (ATDR) Panel to resolve tax disputes. The ATDR acts as a third party to determine the dispute. The following conditions are applicable for review under ATDR:

  • the amount of tax payable under dispute should exceed Rs10m

  • the applicant must have —

    • objected to the assessment

    • lodged representations at the ARC

    • appealed to the Supreme Court/Judicial Committee of the Privy Council.

  • the grounds of dissatisfaction should be the same as those in the notice of objection/notice of appeal

  • the applicant should not have been convicted of an offence or should not be the subject matter of an enquiry relating to trafficking of dangerous drugs, money laundering, financing of terrorism or corruption. 

The application is referred to the ATDR Panel within one month of receipt. The decision of the ATDR is finalised in less than six months from the date the application is referred to the panel.

Time limits

Except in cases of wilful neglect, evasion or fraud, a person is not required to furnish information or to produce any books or records after five years immediately following the last day of the taxable period in which any related transaction took place.

Withholding VAT

Appointment of withholding VAT agents

There is no withholding VAT agents concept in Mauritius.

Withholding VAT exemption

There is no withholding VAT exemption concept in Mauritius.

Withholding compliance

There is no withholding VAT in Mauritius.

Refunds

There is a time limit for refunds due to persons in residential buildings, houses or apartments.

Where the tax authorities are satisfied that a person above is entitled to a refund, the MRA will process the refund within 30 days of the date of receipt of the application. Where the refund is processed after three months of the application, the refund should carry interest, free of income tax, at the Repo rate determined by the Bank of Mauritius.

VAT record-keeping

Tax invoices

A VAT invoice must be issued by any registered person who makes a taxable supply. A VAT invoice should specify all of the following:

  • the words ‘VAT INVOICE’ in a prominent place

  • their name, business address, VAT Registration Number and business registration number

  • its serial number and date of issue

  • the quantity and description of the goods or the description of the services

  • the value of the supply, indicating whether the value is subject to VAT or not

  • where the value of the supply is subject to VAT—

    • the value of the supply

    • the amount of VAT chargeable and the rate applied

  • where the purchaser is a registered person, the name, business address, business registration number and the VAT Registration Number of the purchaser

  • where the purchaser is a person in business, the name, business address and business registration number of the person.

Where a person issues a VAT invoice, they must keep legible copies of the invoice, electronically or otherwise, for a period of at least five years after the transaction is completed.

Record-keeping

A registered person must keep a full and true written record in French or in English (electronically or otherwise) of every transaction they make in the course of their business. The record should be kept for a period of at least five years after the completion of the transaction to which it relates.

Specific VAT rules

Banking industry

Banks holding a banking licence under the Mauritius Banking Act 2004 in respect of their banking transactions other than with non-residents and corporations holding a Global Business Licence (GBL) are compulsorily required to be registered for VAT.

No input tax is allowed on goods and services used by banks for providing banking services as well as on banking services provided by banks other than to non-residents and corporations holding a GBL.

The special levy applicable on banks is now governed by the VAT Act, instead of the Income Tax Act. Effective for the accounting period ending on or after 1 January 2019 and every subsequent accounting period, banks are subject to a special levy on their leviable income at the following rates:

  • 5.5% in the case of a bank having a leviable income of not more than Rs1.2bn

  • 4.5% in the case of a bank having a leviable income of more than Rs1.2bn.

The special levy is payable to the MRA within 5 months from the end of the bank’s accounting period. A penalty of 5% is applicable on late payment of levy, together with interest at the rate of 0.5% per month or part of the month during which the levy remains unpaid.

Sale or transfer of immovable property and land

The sale or transfer of an immovable property, a building or part of a building, apartment, flat or tenement is an exempt supply where it is made:

  • for residential purposes

  • for any other purposes except land with any building, building or part of a building, apartment, flat or tenement together with any interest in or right over land, sold or transferred by a VAT registered property developer to a VAT registered person.

Deferred payment of VAT at importation

The payment of VAT at importation on capital goods, being plant and machinery, imported by a VAT registered person, can be deferred under Section 9A of the VAT Act.

Effective 1 October 2018, a VAT registered person is not required to pay VAT on importation of capital goods at Customs if:

  • the VAT payable on the capital goods at the time of importation is Rs150,000 or more

  • the capital goods are to be used solely in the course of, or for the furtherance of, the VAT registered person’s business.

Where the payment at importation has been deferred, the VAT registered person must declare the deferred VAT as being output tax in their VAT return for the taxable period in which VAT is deferred. The deferred output tax is deemed to have been paid.

Refund of VAT to event organisers

An event organiser registered with the Economic Development Board (EDB) may apply for a refund of VAT incurred in respect of accommodation costs incurred by visitors attending a qualifying event. 

A qualifying event means a business meeting, conference or wedding attended by 100 or more visitors staying for a minimum of three nights in a hotel in Mauritius.

Subject to the application being in order, the MRA shall process the refund within 30 days of the date of receipt of application.

Other indirect taxes

Import duties

Import duty is imposed on goods imported into Mauritius. The rate will depend on the type of good as set out under the Integrated Tariff schedule to the Customs Act 1988. The import duty rates range from 0% to 30%.

Excise duties

Excise duties are governed by the Excise Act 1994 and are imposed on excisable goods, as defined under the First Schedule to the Act. Excise duty must be accounted for on certain manufactured goods, including alcoholic and non-alcoholic beverages, soft drinks, water and juices, milk, tobacco, firecrackers and motor vehicles.

Liability to VAT on digital or electronic services

The Finance Act 2020 introduced a new section on the liability to VAT on digital or electronic services. VAT is chargeable on any digital or electronic service supplied by a foreign supplier to a person in Mauritius. The conditions governing this new provision are yet to be prescribed through the VAT Regulations. 

A foreign supplier means a person who:

  • has no permanent establishment in Mauritius

  • has their place of abode outside of Mauritius 

  • supplies, in the course of their business, digital or electronic services to a person in Mauritius.

Digital or electronic services include any service supplied by a foreign supplier over the Internet or an electronic network which is reliant on the Internet or which is dependent on information technology for its supply.

Notice of appointment by appointed person

This section has been introduced in the Finance Act 2020. Effective 7 August 2020, when an administrator, receiver or liquidator, is appointed to manage or wind up the business of any taxable person, the former shall give notice of their appointment to the MRA within 15 days of appointment.

 


Contact us

Dheerend Puholoo, ACCA

Dheerend Puholoo, ACCA

Tax Leader, PwC Mauritius

Tel: +230 404 5079

Shafeenaz Molotoo

Senior Manager, Tax, PwC Mauritius

Tel: +230 404 5039

Hahnah Hosanee

Hahnah Hosanee

Senior Associate, Tax, PwC Mauritius

Tel: +230 404 5246

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