Section 74: Income derived from Mauritius

74. Income derived from Mauritius (1) Subject to subsection (2), income derived from Mauritius shall include— (a) emoluments derived from any office or employment, the duties of which are performed wholly or mainly in Mauritius, whether such emoluments are received in Mauritius or not; (aa) directors’ fees and any other similar payments derived by any person in his capacity as a member of the board of directors of a company which is resident in Mauritius, whether the services are performed in, or from outside, Mauritius; [Issue 7] I5 – 46 (4) Revised Laws of Mauritius (b) annuities and pensions, including pensions in respect of past services referred to in sections 23 and 62; (c) income derived from any business carried on wholly or partly in Mauritius; (d) income derived from any contract wholly or partly performed in Mauritius; (e) income derived by a person in his capacity as owner of any immovable property in Mauritius; (f) income derived from investment in shares, debentures or other securities in Mauritius; (g) income derived by a person from money lent by him— (i) in Mauritius; or (ii) outside Mauritius to— (A) a resident, other than a resident banking company, except where the money lent is used by the resident for the purpose of a business carried on by him outside Mauritius through a fixed establishment outside Mauritius; or (B) a non-resident, if the money lent is used by the nonresident for the purpose of a business, other than the business of money-lending, carried on by him in Mauritius through a permanent establishment in Mauritius; (h) premiums or other like payments which are derived from property in Mauritius; and (i) income derived directly or indirectly from any other source in Mauritius. (2) Where by reason of— (a) the manufacture, production, or purchase of goods in one country and their sale in another; (b) successive steps of production or manufacture in different countries; (c) the making of a contract in one country and its performance in another; or (d) any other cause, the source of any income, other than income referred to in subsection (1) (e), is not exclusively in Mauritius, that income shall be apportioned between its source in Mauritius and its source elsewhere, or attributed to one of such sources to the exclusion of the other, in such manner as the Director-General may determine, having regard to the nature and relative importance of the source of that income, and the income so apportioned or attributed to a source in Mauritius shall be regarded as derived from Mauritius. (3) For the purpose of subsection (1) (g)— I5 – 46 (5) [Issue 7] Income Tax Act “money lent” includes— (a) any money advanced, deposited or otherwise let out whether on current account or otherwise; and (b) any credit given, including the forbearance of a debt, whether on current account or otherwise. [S. 74 amended by s. 11 (e) of Act 23 of 2001 w.e.f. the income year commencing on 1 July 2001; s. 15 (f) of Act 18 of 2008 w.e.f. 1 July 2008.]