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Section 63A: Tax liability of principal officer of private company

Value Added Tax Act

This section is inserted by Act No 13 of 2019, section 56.

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.

63A. Tax liability of principal officer of private company (1) The principal officer of a private company shall – (a) be answerable for the doing of all such things as are required to be done by that company under this Act; 398 Acts 2019 (b) be required to retain out of any money or property of the company, so much as is sufficient to pay VAT which is or will become payable by that company; and (c) be personally liable in respect of the VAT payable by that company to the extent of any amount he has or should have retained under paragraph (b). (2) In subsection (1) – “principal officer” means the executive director, or any other person who exercises or who is entitled to exercise or who controls or who is entitled to control, the exercise of powers which would fall to be exercised by the Board of directors. (i) in section 65A(2), in paragraph (f), by deleting the words “, issued under the Bread (Control of Manufacture and Sale) Regulations 1988”; (j) by inserting, after section 65B, the following new section – 65BA.Refund of VAT to event organisers (1) An event organiser registered with the Economic Development Board may make an application for refund of VAT in respect of accommodation costs incurred by visitors attending a qualifying event. (2) An application under subsection (1) shall be – (a) made in such form and manner as the Director-General may determine; (b) accompanied by a statement from the Economic Development Board certifying – (i) that the event has taken place; Acts 2019 399 (ii) that the event has been attended by not less than 100 visitors; (iii) that each visitor has stayed for at least 3 nights; and (iv) the accommodation costs and the corresponding amount of VAT in respect of each visitor; (c) accompanied by VAT invoices issued under section 20; and (d) made not later than 60 days from the end of the event. (3) On receipt of an application under this section, the Director-General shall proceed with the refund not later than 30 days from the date of receipt of the application. (4) For the purpose of this section – “qualifying event” means a business meeting, conference or wedding attended by 100 or more visitors staying for a minimum of 3 nights in a hotel in Mauritius. (k) in the First Schedule – (i) by deleting item 3; (ii) in item 17, by deleting the words “of heading No. 49.02”; (iii) in item 27, by deleting the words “and contract cars” and replacing them by the words “, contract cars and light rail”; (iv) in item 50 – (A) in paragraph (f), by inserting, after the words “Insurance Act”, the words “including the management of insurance schemes”; 400 Acts 2019 (B) by inserting, after paragraph (fa), the following new paragraph, the word “and” at the end of paragraph (fa) being deleted – (fb) services provided by a person operating a Peer-to-Peer Lending platform under a licence issued by the Financial Services Commission under the Financial Services Act; and (v) in item 84, by adding the following new paragraph, the full stop at the end of paragraph (c) being deleted and replaced by a semicolon – (d) such professional body as may be prescribed. (l) in the Fifth Schedule – (i) in item 2, by inserting, after paragraph (a), the following new paragraph – (aa) bread; (ii) by adding the following new items –

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