Section 130: Inscribed privilege

130. Inscribed privilege (1) The Government shall have, in respect of any duty, levy or tax payable under this Act and so long as the duty, levy or tax is not paid in full or the liability is not discharged, a privilege on all immovable properties belonging to the person by whom the duty, levy or tax is payable. (2) Where the Director-General thinks it necessary for securing the recovery of any duty, levy or tax payable under this Act to inscribe the privilege provided for under subsection (1), he shall deposit with the Conservator of Mortgages 2 identical memoranda in the form set out in the Fourth Schedule to the Value Added Tax Regulations 1998, subject to such modifications and adaptations as may be necessary, and shall forthwith notify the person by whom the duty, levy or tax is payable, of the deposit of the memoranda. (3) The Conservator of Mortgages shall, upon deposit of the memoranda, inscribe the privilege generally on all immovable properties belonging, or which may subsequently belong, to the person by whom the duty, levy or tax is payable, and shall return one of the memoranda to the Director-General with a statement written or stamped on it to the effect that the privilege has duly been inscribed. (4) Where a privilege is inscribed under this section, it shall take effect from the date of the inscription. (5) Where any duty, levy or tax in respect of which an inscription has been taken under this section is paid in full or the liability is discharged, the Director-General shall forthwith send to the Conservator of Mortgages a request in the form set out in the Fifth Schedule to the Value Added Tax Regulations 1998, subject to such modifications and adaptations as may be necessary, to erase the inscription. (6) The inscription of a privilege under this section shall be erased by the Conservator of Mortgages at the request of the Director-General. (7) Any inscription or erasure of inscription which is required to be taken or made under this section shall be free from stamp duty under the Stamp Duty Act or registration dues leviable under the Registration Duty Act or any other costs. (S. 130 came into operation on 6 December 2007.) [S. 130 amended by s. 25 (zf) of Act 18 of 2016 w.e.f. 1 October 2016.] [Issue 9] G2 – 64 Revised Laws of Mauritius