Section 63A: Tax liability of principal officer of private company
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;
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(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;
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(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”;
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(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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Questions this section answers
- Can a private company's principal officer be personally liable for unpaid VAT?