Section 67R: Participation in approved films

67R. Participation in approved films A company incorporated in Mauritius may, in an income year, deduct from its gross income, twice the amount of any expenditure incurred in the financing, sponsorship, marketing or distribution of a film provided that the film – (a) has been approved under the Film Rebate Scheme under the Economic Development Board Act; and (b) after post-production, is made up of at least 90 per cent of the principal photography of Mauritius, as certified by the Economic Development Board. 252 Acts 2023 (n) in section 93(1), by deleting the words “, including the solidarity levy under section 16C,”; (o) in section 95 – (i) in subsection (1) – (A) in paragraph (a), by deleting the words “income exemption threshold” and replacing them by the words “personal reliefs and deductions”; (B) by deleting the words “income exemption threshold and” and replacing them by the words “personal reliefs and deductions under Sub-part C of Part III and”; (ii) in subsection (2) – (A) by deleting the words “the income exemption threshold” and replacing them by the words “the personal reliefs and deductions”; (B) by deleting the words “that income exemption threshold” and replacing them by the words “those personal reliefs and deductions”; (iii) in subsection (3) – (A) by deleting the words “income exemption threshold” and replacing them by the words “personal reliefs and deductions”; (B) by deleting the words “additional exemption” and replacing them by the words “additional deduction”; (p) in section 96 – (i) in subsection (2) – (A) by deleting the words “Subject to subsection (2A), where” and replacing them by the word “Where”; (B) by deleting the words “shall withhold tax from the emoluments of the employee at the rate of 15 per cent of those emoluments” and replacing Acts 2023 253 them by the words “shall withhold tax from the emoluments of the employee at the rate of 15 per cent, or at the option of the employee, withhold tax at the rate of 20 per cent of those emoluments”; (ii) by repealing subsections (2A) and (2B); (iii) in subsection (3), by deleting the words “tax shall be withheld from the fees of the director or member, as the case may be, at the rate of 15 per cent of those fees” and replacing them by the words “tax shall be withheld from the fees of the director or member, as the case may be at the rate of 15 per cent, or at the option of the director or member, at the rate of 20 per cent of those fees”; (iv) in subsection (4), by inserting, after the words “tax so withheld”, the words “, tax so withheld, at the option of the employee, director or member, as the case may be,”; (q) in section 107 – (i) in subsection (2)(b)(ii), by deleting the words “income exemption threshold” and replacing them by the words “personal reliefs and deductions”; (ii) in subsection (3), by deleting the words “any income exemption threshold” and “that income exemption threshold” and replacing them by the words “personal reliefs and deductions” and “those personal reliefs and deductions”, respectively; (r) in section 108, by deleting the words “and at the rate as applicable in Part I of the First Schedule” and replacing them by the words “in such manner as may be prescribed”; (s) in section 111B – (i) in paragraph (e), by inserting, after the words “services”, the words “except a company holding a management licence and an investment adviser holding 254 Acts 2023 a licence issued by the Financial Services Commission established under the Financial ersonal reliefs and deductions”, respectively; (r) in section 108, by deleting the words “and at the rate as applicable in Part I of the First Schedule” and replacing them by the words “in such manner as may be prescribed”; (s) in section 111B – (i) in paragraph (e), by inserting, after the words “services”, the words “except a company holding a management licence and an investment adviser holding 254 Acts 2023 a licence issued by the Financial Services Commission established under the Financial Services Act”; (ii) by repealing paragraph (l) and replacing it by the following paragraph – (l) payments by any person, other than an individual, to consultants other than – (i) a company holding a management licence issued by the Financial Services Commission established under the Financial Services Act; (ii) an investment adviser holding a licence issued by the Financial Services Commission established under the Financial Services Act; and (iii) those specified in the Fifth Schedule; (iii) by repealing paragraph (n) and replacing it by the following paragraph – (n) payments by insurance companies to – (i) motor surveyors; and (ii) any other person for repairs of motor vehicles of policy holders. (t) in section 111C(5), by deleting the words “tax so deducted” and replacing them by the words “tax so deducted, at the option of the payee”; (u) in section 111V – (i) in subsection (2), by deleting the words “at source under section 111B” and replacing them by the words “under sections 93 and 111B”; (ii) in subsection (3), by deleting the words “Income Exemption Threshold,”; (v) in section 112(1) – (i) in paragraph (a)(i), by deleting the words “the Category A Income Exemption Threshold specified in the Acts 2023 255 Third Schedule” and replacing them by the words “390,000 rupees”; (ii) in paragraph (b) – (A) by deleting the words “leviable income under section 16B or” and replacing them by the word “a”; (B) in subparagraph (i), by deleting the words “income exemption threshold” and “is entitled” and replacing them by the words “personal reliefs and deductions” and “are entitled”, respectively; (w) in section 123 – (i) in subsection (1), by deleting the word “Every” and replacing it by the words “Notwithstanding any other enactment, every”; (ii) in subsection (4) – (A) by inserting, after the words “Banking Act”, the words “, the Data Protection Act, the Information and Communication Technologies Act”; (B) in paragraph (b), by adding the following new subparagraph, the full stop at the end of subparagraph (ii) being deleted and replaced by the words “; or” and the word “or” at the end of subparagraph (i) being deleted – (iii) a payment has wrongly been credited in that bank account. (x) in section 123D, by inserting, after subsection (3), the following new subsections – (3A) Every virtual asset service provider and issuer of initial token offerings under the Virtual Asset and Initial Token Offering Services Act 2021 shall submit to the Director-General, on or before 15 August in every year, a statement of financial transactions effected by – (a) an individual, a société or a succession that made a transaction exceeding 256 Acts 2023 250,000 rupees or transactions exceeding 2 million rupees in the aggregate in the preceding year; or (b) a person, other than an individual, a société or a succession, who made a transaction exceeding 500,000 rupees or transactions exceeding 4 million rupees in the aggregate in the preceding year. (3B) Subsection (3A) sh before 15 August in every year, a statement of financial transactions effected by – (a) an individual, a société or a succession that made a transaction exceeding 256 Acts 2023 250,000 rupees or transactions exceeding 2 million rupees in the aggregate in the preceding year; or (b) a person, other than an individual, a société or a succession, who made a transaction exceeding 500,000 rupees or transactions exceeding 4 million rupees in the aggregate in the preceding year. (3B) Subsection (3A) shall not apply to – (a) an individual who is a non-resident; (b) an entity that holds a Global Business Licence issued by the Financial Services Commission; and (c) a public listed company, its subsidiaries and associates. (y) in section 131B(6), by deleting the word “Repo” and replacing it by the word “Key”; (z) in section 134, by deleting the words “127(2),” and replacing them by the words “127(3),”; (aa) in PART XIID – (i) in the heading, by deleting the words “COMPENSATION 2021 AND 2022” and replacing them by the words “COMPENSATION 2021, 2022 AND 2023”; (ii) by inserting, after section 150E, the following new section – 15OEA. Financial assistance for payment of salary compensation 2023 (1) In this section – “accounting loss” means the loss made by an employer from all his activities and computed in accordance with the International Financial Reporting Standards; Acts 2023 257 “accounting profit” means the profit derived by an employer from all his activities and computed in accordance with the International Financial Reporting Standards; “additional remuneration” means the additional remuneration payable to an employee as from 1 January 2023 under the Workers’ Rights (Additional Remuneration) (2023) Regulations 2023; “basic wage or salary” – (a) has the same meaning as in the Workers’ Rights Act 2019; and (b) includes any payable additional remuneration; “eligible employee” – (a) means an employee employed on a full-time basis and deriving at least the national minimum wage for the year 2023 – (i) from an SME deriving gross income from business; (ii) from an export enterprise; (iii) from such other category of employer as may be prescribed; and (iv) whose basic wage or salary does not exceed – (A) 51,635 rupees where the employer is an export enterprise; or 258 Acts 2023 (B) 51,775 rupees in any other case; but (b) does not include – (i) an employee employed by a Ministry, a Government department, a local authority, a statutory body other than an employee referred to in subsection (4), or the Rodrigues Regional Assembly; (ii) an employee employed by such category of employer as may be prescribed; or (iii) such category of employees as may be prescribed; “export enterprise” has the same meaning as in the Export Enterprises (Remuneration) Regulations 2019; “SME” means a small or medium enterprise, whose turnover for the year of assessment 2021-2022 did not exceed 100 million rupees. (2) Subject to this Part, the Director-General shall, for each of the months of year 2023, pay to the employer, in respect of each eligible employee of – (a) an SME, an allowance equivalent to – (i) 500 rupees monthly, where the eligible employee derived a basic wage not exceeding 51,775 rupees and the employer declared for the year of assessment 2021-2022 – (A) an accounting loss; or Acts 2023 259 (B) an accounting profit and that accounting profit would be reduced by more than 50 per cent if that accounting profit was reduced by the additional remuneration payable nths of year 2023, pay to the employer, in respect of each eligible employee of – (a) an SME, an allowance equivalent to – (i) 500 rupees monthly, where the eligible employee derived a basic wage not exceeding 51,775 rupees and the employer declared for the year of assessment 2021-2022 – (A) an accounting loss; or Acts 2023 259 (B) an accounting profit and that accounting profit would be reduced by more than 50 per cent if that accounting profit was reduced by the additional remuneration payable to its employees who were in employment as at December 2022; or (ii) 250 rupees monthly, where the eligible employee derived a basic wage not exceeding 51,775 rupees and the employer declared for the year of assessment 2021-2022 an accounting profit that would be reduced by more than 10 per cent if it was reduced by the additional remuneration payable to its employees who were in employment as at December 2022; (b) an export enterprise, other than an SME, an allowance equivalent to 300 rupees monthly where the eligible employee derived a basic wage not exceeding 51,635 rupees. (3) Where an SME is an export enterprise and an allowance is payable under subsection (2)(a) and (b), the allowance which is more favourable to the employer shall be payable provided the basic wage of the eligible employee does not exceed 51,635 rupees. 260 Acts 2023 (4) The allowance specified in paragraph (2)(a)(i) shall be payable in respect of each eligible employee to a bus operator providing public transport, approved by the Minister. (5) The Director-General shall, for the month of December 2023, in respect of every eligible employee, pay to his employer, in addition to the allowance payable under subsection (2), an additional sum equivalent to that allowance. (6) The Director-General shall, for each month beginning January 2024 and ending June 2024, pay to the employer, the allowance payable under subsection (2) in respect of each eligible employee of – (a) an SME; and (b) an export enterprise. (7) An application for an allowance under subsection (2) shall be made electronically to the Director-General in such form and manner as he may determine. (8) Section 150D(4)(a) to (c) and section 150D(5) to (7) shall apply to this section with such adaptations and modifications as may be necessary to enable the Director-General to pay the allowance. (ab) in section 150F – (i) in subsection (1), by inserting, in the appropriate alphabetical order, the following new definitions – “person with disabilities” means a person registered as such under the Training and Employment of Disabled Persons Act; “qualifying employee” – (a) means a female person or a person with disabilities who – (i) is a citizen of Mauritius and is resident in Mauritius; Acts 2023 261 (ii) is employed on a full-time basis by an eligible employer; (iii) is above the age of 18 years on the date of being employed by the eligible employer; (iv) was not employed for a period of at least one year prior to the date of being employed by the eligible employer; and (v) whose basic wage or salary does not exceed 50,000 rupees in a month; but (b) does not include a person undergoing training or a household employee; (ii) in subsection (2) – (A) by inserting, after paragraph (a), the following new paragraph – (aa) Every eligible employer shall, in respect of every qualifying employee taking employment during the period starting on 1 July 2023 and ending on 30 June 2024, apply to the Director-General, within 15 days fro g employed by the eligible employer; and (v) whose basic wage or salary does not exceed 50,000 rupees in a month; but (b) does not include a person undergoing training or a household employee; (ii) in subsection (2) – (A) by inserting, after paragraph (a), the following new paragraph – (aa) Every eligible employer shall, in respect of every qualifying employee taking employment during the period starting on 1 July 2023 and ending on 30 June 2024, apply to the Director-General, within 15 days from the date the qualifying employee takes up employment, for approval of the employee as a qualifying employee, giving details of the employee and such other particulars as the Director-General may require. (B) in paragraph (b), by deleting the words “paragraph (a)” and replacing them by the words “paragraphs (a) and (aa)”; (iii) in subsection (3)(a) and (c), by deleting the words “eligible employee” and replacing them by the words “eligible employee or qualifying employee”; (iv) in subsection (4) – (A) by inserting, after paragraph (a), the following new paragraph – (aa) Subject to this Part, the Director-General shall, in respect of every 262 Acts 2023 approved qualifying employee, pay to his employer an allowance equivalent to the basic wage or salary of that employee for that month, not exceeding 15,000 rupees, in the month he is employed and in the next 23 consecutive months immediately following the month of employment. (B) in paragraph (b), by deleting the words “paragraph (a)” and replacing them by the words “paragraphs (a) and (aa)”; (C) in paragraph (c), by deleting the words “eligible employee” and replacing them by the words “eligible employee or qualifying employee”; (v) in subsection (5) – (A) by inserting, after paragraph (a), the following new paragraph – (aa) in respect of every approved qualifying employee taking employment during the period starting on 1 July 2023 and ending on 31 December 2023 with an eligible employer, pay, in addition to the allowance payable under subsection (4) – (i) an additional sum for the month of December 2023 which is equivalent to one twelfth of the allowance payable to the qualifying employee under subsection (4) for the period starting on 1 July 2023 and ending on 31 December 2023; (ii) an additional sum for the month of December 2024 which is equivalent to one twelfth of the Acts 2023 263 allowance payable to the qualifying employee under subsection (4) for the period starting on 1 January 2024 and ending on 31 December 2024; and (iii) an additional sum for the month of December 2025 which is equivalent to one twelfth of the allowance payable to the qualifying employee under subsection (4) for the period starting on 1 January 2025 and ending on 31 December 2025; (B) by adding the following new paragraph, the full stop at the end of paragraph (B) being deleted and replaced by the words “; and” – (c) in respect of every qualifying employee taking employment after 31 December 2023, in addition to the allowance payable under subsection (4), pay – (i) an additional sum for the month of December 2024 which is equivalent to one twelfth of the allowance payable to the qualifying employee undersubsection (4) for the period starting on 1 January 2024 and ending on 31 December 2024; (ii) an additional sum for the month of December 2025 which is equivalent to one 264 Acts 2023 twelfth of the allowance payable to the qualifying employee under subsection (4) for the period starting on 1 January 2025 and ending payable under subsection (4), pay – (i) an additional sum for the month of December 2024 which is equivalent to one twelfth of the allowance payable to the qualifying employee undersubsection (4) for the period starting on 1 January 2024 and ending on 31 December 2024; (ii) an additional sum for the month of December 2025 which is equivalent to one 264 Acts 2023 twelfth of the allowance payable to the qualifying employee under subsection (4) for the period starting on 1 January 2025 and ending on 31 December 2025; and (iii) an additional sum for the month of December 2026 which is equivalent to one twelfth of the allowance payable to the qualifying employee under subsection (4) for the period starting on 1 January 2026 and ending on 31 December 2026; (vi) in subsection (6), by deleting the words “eligible employee” and replacing them by the words “eligible employee or qualifying employee”; (vii) in subsection (11)(b), by deleting the words “eligible employees” and replacing them by the words “eligible employees or qualifying employees”; (viii) in subsection (12), by deleting the words “an eligible employee” and “that eligible employee” and replacing them by the words “an eligible employee or a qualifying employee” and “that eligible employee or qualifying employee,” respectively; (ac) by inserting, after Part XIIE, the following new Part – PART XIIF – HOUSING LOAN RELIEF SCHEME