Section 67R: Participation in approved films
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.
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.
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(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
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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
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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;
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“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
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(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
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(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
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(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.
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(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;
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(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
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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
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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
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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