Section 22: Return and payment of tax
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
22. Return and payment of tax
(1) Every registered person shall, after the end of every taxable period,
within such time as may be prescribed, submit to the Director-General in respect of that period a return, in such form and manner as the DirectorGeneral may approve, specifying—
(a) the amount of output tax payable;
(b) the amount of input tax allowable;
(c) the value of all taxable supplies made by him;
(d) the value of goods imported and value of all taxable supplies
made to him;
(e) the amount of solidarity levy payable under section 53B;
(ea) the amount of levy under section 53J; and
(f) such other particulars as may be required in the form of the return.
(1A) Where the annual turnover of taxable supplies does not exceed the
amount specified in the Second Schedule, a registered person may, notwithstanding subsection (1), by irrevocable notice in writing to the DirectorGeneral, elect the taxable period in relation to him be a period of a month or
part of a month.
[Issue 10] V4 – 24
Revised Laws of Mauritius
(1B) Where a registered person has made an election under subsection (1A), he shall submit a return in accordance with this section as from
the end of the quarter in which the election is made.
(1C) Every registered person who is required to submit a return every
month shall, at the time of submitting his return, also submit electronically a
list of taxable supplies made to any person, other than supplies by retail,
showing the invoice number and value of supply in such format as the Director-General may determine.
(2) Where a registered person submits a return under subsection (1) or
(1B) and—
(a) the output tax exceeds the input tax, the difference representing
the amount of tax payable shall be paid to the Director-General
at the time the return is submitted; or
(b) the input tax exceeds the output tax which would have been
payable if the credit has not been taken, the excess amount
shall, subject to section 24, be retained to be carried forward
onto the return for the following taxable period for the payment
of any VAT that is for the time being payable or may become
payable by the registered person.
(3) Where a registered person does not make a supply of goods or services, and does not receive any goods or services, he shall submit a nil return.
[S. 22 amended by s. 31 (e) of Act 15 of 2006 w.e.f. 1 July 2006 and 7 August 2006;
s. 19 (d) (i) of Act 37 of 2011 w.e.f. 15 January 2012; s. 19 (d) (ii) of Act 37 of 2011 w.e.f. 1
July 2012; s. 69 (f) of Act 11 of 2018 w.e.f. 1 October 2018.]
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Questions this section answers
- What must I include in my VAT return each taxable period?
- If I owe more output tax than input tax, when must I pay the difference?
- Must I still submit a VAT return if I made no sales or purchases that period?