Section 65C: Refund of VAT to persons on residential building, house or apartment

65C. Refund of VAT to persons on residential building, house or apartment (1) Subject to this section, any person who satisfies the conditions set out in Part VII of the Twelfth Schedule may make an application for a refund of VAT on the construction of a residential building or the purchase of a residential apartment or house from a property developer. (2) Every application under subsection (1) shall, subject to subsection (3)— (a) be made in such form and manner as the Director-General may determine; (b) be accompanied, in the case of— (i) the construction of a residential building, by VAT invoices issued under section 20; (ii) the purchase of a residential apartment or house from a property developer, by receipts issued under section 19 (2) (c); and (c) be submitted to the Director-General, not later than 30 days from the end of every quarter in respect of which the VAT has been paid. [Issue 10] V4 – 44 Revised Laws of Mauritius (3) (a) Subject to paragraph (b), the amount of VAT refundable under this section shall— (i) in the case of the construction of a residential building, not exceed the amount of VAT paid; or (ii) in the case of the purchase of a residential apartment or house from a property developer, not exceed the purchase price multiplied by the factor 0.104. (b) Any refund under paragraph (a) shall not exceed 500,000 rupees. (4) (a) No refund of VAT shall be made to a person where the application is made more than 12 months from the date of the VAT invoice or receipt. (b) Subject to paragraph (c), no application under subsection (2) shall be made where, in respect of a quarter, the amount of VAT refundable does not exceed 25,000 rupees. (c) Paragraph (b) shall not apply in respect of the final application. (d) Subject to paragraph (c), where the amount of VAT refundable does not exceed 25,000 rupees in respect of a quarter, the person shall include that amount in his application in respect of the subsequent quarter, provided that in respect of each subsequent quarter, the total amount exceeds 25,000 rupees. (5) 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. [S. 65C inserted by s. 30 (k) of Act 26 of 2013 w.e.f. 1 January 2014; amended by s. 58 (k) of Act 18 of 2016 w.e.f. 7 September 2016; s. 69 (p) of Act 11 of 2018 w.e.f. 1 August 2018.]