Section 111: Return and payment of tax at end of income year
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
111. Return and payment of tax at end of income year
(1) Every person who is required to submit a Statement of Income under
section 106 shall, at the end of the income year, submit to the DirectorGeneral the return required to be submitted under section 112.
(2) Where the amount of tax payable on the chargeable income in accordance with the return referred to in subsection (1) exceeds the sum of—
(a) the aggregate amount of any tax paid under this Sub-part
excluding any penalty under sections 109 and 110; and
(b) any amount of tax withheld under Sub-part A,
the person shall pay the difference at the time the return is submitted
together with the penalty specified in subsection (3), if any.
[Issue 7] I5 – 58
Revised Laws of Mauritius
(3) Subject to subsection (4), where the amount of tax payable on the
income falling under this Sub-part exceeds the amount of any tax in accordance with the Statement of Income by more than 35 per cent of the amount
of tax payable, the person shall, at the time the return under section 112 is
submitted, pay, in addition to the difference referred to in subsection (2), a
penalty representing 25 per cent of the amount in excess of the 35 per cent.
(4) The penalty under subsection (3) shall not apply where, in respect of
the CPS quarter in an income year—
(a) the taxpayer has opted to compute his chargeable income in
accordance with section 107 (1); or
(b) the amount in excess is solely attributable to income derived in
the period immediately following the end of the third CPS quarter
of the income year.
[S. 111 amended by s. 9 (r) of Act 9 of 1997 w.e.f. 1 July 1997; s. 18 (zk) of Act 15 of 2006
w.e.f. 1 July 2006 in respect of the income year commencing on 1 July 2006 and in respect of
every subsequent income year; s. 8 (za) of Act 37 of 2011 w.e.f. 1 January 2012.]
Sub-Part BA – Deductions of Tax at Source
[Sub-part BA inserted by s. 18 (zl) of Act 15 of 2006 w.e.f. 10 October 2006.]
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Questions this section answers
- If I underpaid tax during the year under CPS, must I pay the difference and a penalty with my final return?