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Section 27K: Relief for adoption of animals

Income Tax Act

This section is inserted by Finance Act 2023, section 38.

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.

27K. Relief for adoption of animals (1) Subject to subsection (2), where in an income year, an individual has adopted an animal from the Mauritius Society for Animal Welfare or an NGO, he shall, for that income year, be entitled to a relief, by way of a deduction from his net income, after deducting any amount under sections 27, 27D, 27DA and 27DB, of an amount of 10,000 rupees for each animal adopted. (2) The total deduction under this section shall not exceed 30,000 rupees in an income year. (3) In this section – “Mauritius Society for Animal Welfare” means the Mauritius Society for Animal Welfare established under the Animal Welfare Act; “NGO” means a non-Government organisation registered with the Director-General on such terms and conditions as he may determine. 248 Acts 2023 (d) in section 44C – (i) in subsection (1), by deleting the words “Subject to subsections (2) and (3), every” and replacing them by the word “Every”; (ii) by repealing subsections (2) and (3); (iii) in subsection (4), by deleting the definition of “base year”, the semicolon at the end of the definition of “bank” being deleted and replaced by a full stop; (e) in section 48 – (i) in subsection (2), by deleting the word “Where” and replacing it by the words “Subject to subsection (3), where”; (ii) by adding the following new subsection – (3) Where a protected cell company has made an election under subsection (1) to present separate financial statements in respect of each of its cells, the Director-General shall not recover income tax due by a cell from – (a) the cellular assets of another cell of the company; or (b) the non-cellular assets of the protected cell company except where such assets are directly attributable to that cell of the company. (f) in section 48A – (i) in subsection (2), by inserting, after the words “Variable Capital Companies Act 2022”, the words “but subject to subsection (3)”; (ii) by adding the following new subsection – (3) Where a variable capital company has made an election under section 24(1) of the Variable Capital Companies Act 2022 to present separate financial statements for each of its sub-funds or Acts 2023 249 special purpose vehicles, the Director-General shall not recover income tax due by a sub-fund or special purpose vehicle from the assets of – (a) another sub-fund or special purpose vehicle; or (b) from the assets of the variable capital company where such assets are directly attributable to another sub-fund or special purpose vehicle of the company. (g) in section 50D(1), by deleting the words “Part II” and replacing them by the words “Part II, III”; (h) in section 50J – (i) in subsection (2A), by deleting the words “and in respect of every subsequent year of assessment” and replacing them by the words “, 1 July 2021,1 July 2022 and 1 July 2023”; (ii) by inserting, after subsection (2A), the following new subsections – (2B) The levy under subsection (1) shall be calculated at the rate of 5 per cent of the accounting profit and one per cent of the turnover of the operator in respect of the year of assessment commencing on 1 July 2024 and in respect of every subsequent year of assessment. (2C) For the purpose of subsection (1), where the operator has incurred a loss in a year, the levy shall be calculated at the rate of one per cent of its turnover. (iii) by repealing subsection (4); (i) in section 50L – (i) in subsection (7), by inserting, after the word “remittance”, the words “of 200 million rupees to the Solidarity F ne per cent of the turnover of the operator in respect of the year of assessment commencing on 1 July 2024 and in respect of every subsequent year of assessment. (2C) For the purpose of subsection (1), where the operator has incurred a loss in a year, the levy shall be calculated at the rate of one per cent of its turnover. (iii) by repealing subsection (4); (i) in section 50L – (i) in subsection (7), by inserting, after the word “remittance”, the words “of 200 million rupees to the Solidarity Fund and the remaining amount”; 250 Acts 2023 (ii) by adding the following new subsection – (16) In this section – “Solidarity Fund” has the same meaning as in section 150F(1). (j) by inserting, after section 65B, the following new section –

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