Section 2: Interpretation

2. Interpretation In this Act— “Committee” means the Assessment Review Committee set up under section 18 of the Mauritius Revenue Authority Act; “company”— (a) means a company incorporated, or a foreign company registered, under the Companies Act; and (b) includes any successive company or société or successive société; “consideration” means value in money or money’s worth; “deed” means any notarial deed, judgment of a Court, agreement or any other document; “deed of transfer”— (a) means— (i) an authentic deed (acte authentique) witnessing the transfer of immovable property with or without consideration or by way of donation; (ii) a deed witnessing the transfer of shares in a company or issue of shares by a company or the transfer of part sociale in a société which gives right of ownership, occupation or usage of an immovable property; or (iii) a deed witnessing the transfer of property, other than immovable property, with or without consideration; (b) includes a deed witnessing a compulsory acquisition under the Land Acquisition Act; (c) includes a deed (“acte de désintéressement”) by which a partner withdraws from a partnership without taking back the property (“apport”) which he originally brought into the partnership; (d) includes a deed witnessing that property owned by a company is, on the winding up, liquidation or dissolution of the company or in any other manner, attributed to a shareholder of the company, irrespective of the date on which such attribution takes place; (e) includes a deed witnessing that property brought by way of an apport by a partner in a partnership either prior to its constitution and registration or thereafter is, on dissolution of the partnership or in any other manner, attributed to any person other than the one who brought that property into the partnership; [Issue 9] L4 – 2 Revised Laws of Mauritius (f) includes a deed by which a purchaser of any property declares that he has purchased the property on behalf of another person and in the name of that person with money belonging to and provided by that person; (g) includes an instrument witnessing the distribution of a trust property by a trustee under the terms of a trust to a beneficiary other than a distribution to a beneficiary who is a heir or successor of the settlor; (h) includes a deed witnessing the transfer of an immovable property by way of constatation par acte authentique de l’achèvement de l’immeuble referred to in article 1601-2, or by way of a vente en l’état futur d’achèvement under article 16013, of the Code Civil Mauricien; (i) includes a deed by which a partner withdraws (se désintéresse) from a partnership owning property, or entitled to property either directly or indirectly by the constitution of successive partnerships which another partner previously joined; (j) includes a deed witnessing that property acquired by a partnership either prior to its constitution and registration or thereafter is, on dissolution of the partnership or in any other manner, attributed to a person who became a partner of the partnership after the date of such acquisition unless that person has already paid tax under this Act and duty under the Registration Duty Act when he became partner in the partnership; (k) includes a transaction under article 2044 of the Code Civil Mauricien where property other than that in dispute is transferred; (l) includes a deed witnessing the transfer of an immovable property to a company holding a letter of approval for th other manner, attributed to a person who became a partner of the partnership after the date of such acquisition unless that person has already paid tax under this Act and duty under the Registration Duty Act when he became partner in the partnership; (k) includes a transaction under article 2044 of the Code Civil Mauricien where property other than that in dispute is transferred; (l) includes a deed witnessing the transfer of an immovable property to a company holding a letter of approval for the implementation of a project under the Real Estate Development Scheme prescribed under the Investment Promotion Act, where the transferor holds shares in the company, the value of which is less than the value of the immovable property transferred; (m) includes a deed witnessing the transfer of shares or successive transfers of shares in a company which owns— (i) any freehold or leasehold immovable property; or (ii) any shares in any other company or successive company which reckons amongst its assets such property, which results in a change of control of that company or any increase in shareholding of the controlling shareholder within a period of 12 months from the date of the change of control. For the purposes of this paragraph— (i) “company” has the meaning assigned to it in section 24 (1) of the Registration Duty Act; L4 – 3 [Issue 5] Land (Duties and Taxes) Act (ii) “control” has the meaning assigned to it in section 5 of the Companies Act and includes control by a shareholder who is an individual or a société; (iii) “transfer of shares” includes any transfer of shares in a company or any issue of new shares or conversion of debentures into shares by a company to any person which results in a change of control of that company; (n) includes a Certificate of Transfer of Undertaking issued under section 346A of the Companies Act; “document” has the same meaning as in the Registration Duty Act; “financial year” means the period of 12 months ending on 30 June in any year; “Minister” means the Minister to whom responsibility for the subject of finance is assigned; “notarial deed” has the same meaning as in the Registration Duty Act; “open market value” means the value which a property might reasonably be expected to realise if sold on the open market by a prudent vendor; “property”— (a) means any freehold or leasehold immovable property or any right or interest in any freehold or leasehold immovable property; (b) includes— (i) any share in a partnership which owns any freehold or leasehold immovable property, any right or interest in any freehold or leasehold immovable property, any share in a partnership which itself reckons directly among its assets any freehold or leasehold immovable property or any right or interest in any freehold or leasehold immovable property or is indirectly entitled by the constitution of successive partnerships to such property; (ii) any freehold or leasehold immovable property brought into a partnership by a person who withdraws (se désintéresse) from the partnership without taking back the property (apport) which he originally brought into the partnership; (iii) any freehold or leasehold immovable property owned by a company which is attributed, on winding up, liquidation or dissolution of the company or in any other manner, to a shareholder of the company; (iv) any freehold or leasehold immovable property brought by way of an apport by a partner in a partnership either prior to its constitution and registration or ws (se désintéresse) from the partnership without taking back the property (apport) which he originally brought into the partnership; (iii) any freehold or leasehold immovable property owned by a company which is attributed, on winding up, liquidation or dissolution of the company or in any other manner, to a shareholder of the company; (iv) any freehold or leasehold immovable property brought by way of an apport by a partner in a partnership either prior to its constitution and registration or thereafter is, on dissolution of the partnership or in any other manner, attributed to any person other than the one who brought that property into the partnership; [Issue 5] L4 – 4 Revised Laws of Mauritius (v) property transferred to a company holding a letter of approval for the implementation of a project under the Real Estate Development Scheme prescribed under the Investment Promotion Act, in respect of the difference in value of the property transferred and the value of the shares held in the company holding such letter of approval; (vi) any freehold or leasehold immovable property distributed by a trustee under the terms of a trust to any beneficiary of that trust; (vii) any transfer of shares in a company or issue of shares by a company or transfer of part sociale in a société which gives right of ownership, occupation or usage of an immovable property or any part thereof; (viii) any property subject of a transfer under section 32A of the Banking Act; (ix) any land conversion right as specified in the Sugar Industry Efficiency Act; “société”— (a) means a société commerciale or société civile which is required to be immatriculée with the Registrar of Companies under article 1841 of the Code Civil Mauricien; and (b) includes any successive société or company or successive company; “stated amount” means the amount specified in a notice served by the Registrar-General under section 28; “tax”— (a) means the tax payable under Parts III, V, VI and VIA; and (b) includes any surcharge on tax and penalty or interest imposed under this Act; “transaction” means any operation creating, transferring or extinguishing a right of obligation; “transferor” includes— (a) the lessee of an immovable property; (b) in the case of an exchange, any party who transfers property; (c) in the case of a dissolution of a partnership, the party who brought the property into the partnership or his heirs and assigns; (d) in the case of any person withdrawing as a partner from a partnership, the person who so withdraws (se désintéresse) without taking back the property which he originally brought into the partnership; (e) in the case of a company, the property of which is, on winding up, liquidation or dissolution or in any other manner, attributed to any of its shareholders; L4 – 5 [Issue 9] Land (Duties and Taxes) Act (f) the purchaser of any property who declares that he has purchased the property on behalf of another person with money belonging to and provided by that person; (g) in the case of a distribution of a property by a trustee to a beneficiary under the terms of a trust other than a distribution to a beneficiary who is a heir or successor of the settlor, the settlor; (h) the partner who withdraws (se désintéresse) from a partnership owning property, which another partner previously joined; (i) in the case of a deed witnessing that property acquired by a partnership either prior to its constitution and registration or thereafter is, on dissolution of the partne ) in the case of a distribution of a property by a trustee to a beneficiary under the terms of a trust other than a distribution to a beneficiary who is a heir or successor of the settlor, the settlor; (h) the partner who withdraws (se désintéresse) from a partnership owning property, which another partner previously joined; (i) in the case of a deed witnessing that property acquired by a partnership either prior to its constitution and registration or thereafter is, on dissolution of the partnership or in any other manner, attributed to a person who became a partner of the partnership after the date of such acquisition, the partnership; (j) in the case of a transfer of shares in a company or issue of shares by a company or transfer of part sociale in a société which gives right of ownership, occupation or usage of an immovable property or any part thereof, the company or société, as the case may be; (k) a transferor bank under section 32A of the Banking Act; “valuer”— (a) means a Government Valuer or a valuer designated by the Registrar-General; (b) includes any person authorised in writing by the valuer. [S. 2 amended by s. 4 (a) of Act 4 of 1987 w.e.f. 11 November 1987; s. 3 of Act 20 of 1988 w.e.f. 16 July 1988; s. 7 (a) of Act 22 of 1989 w.e.f. 1 July 1989; s. 5 (a) of Act 30 of 1990 w.e.f. 1 July 1990; s. 4 (1) of Act 17 of 1991 w.e.f. 1 July 1991; s. 11 (a) of Act 23 of 1992 w.e.f. 1 July 1992; s. 3 of Act 23 of 1993 w.e.f. 1 November 1993; s. 4(a) of Act 17 of 1995 w.e.f. 12 August 1995; s. 10 of Act 13 of 1996 w.e.f. 1 July 1996; s. 5 (a) of Act 9 of 1997 w.e.f. 1 July 1997; s. 11 (a) of Act 18 of 1999 w.e.f. 1 July 1999; s. 72 (3) (a) of Act 14 of 2001 w.e.f. 1 December 2001; s. 14 (a) of Act 23 of 2001 w.e.f. 11 August 2001; s. 17 (a) of Act 20 of 2002 w.e.f. 10 August 2002; s. 12 (a) of Act 28 of 2004 w.e.f. 26 August 2004; s. 27 (12) (a) of Act 33 of 2004 w.e.f. 1 July 2006; s. 19 (a) of Act 15 of 2006 w.e.f. 7 August 2006; s. 19 (a) of Act 17 of 2007 w.e.f. 7 August 2007; s. 18 of Act 18 of 2008 w.e.f. 19 July 2008; s. 24 (a) of Act 14 of 2009 w.e.f. 30 July 2009; s. 13 (a) of Act 20 of 2009 w.e.f. 19 December 2009; s. 14 (a) of Act 26 of 2012 w.e.f. 22 December 2012; s. 7 (2) of Act 1 of 2013 w.e.f. 18 April 2013; s. 18 (2) of Act 34 of 2016 w.e.f. 1 January 2017.] PART IA – AUTHENTIC DEED [Heading inserted by s. 14 (b) of Act 26 of 2012 w.e.f. 22 December 2012.]