Mra Double Taxation Agreements
www.mra.mu/index.php/taxes-duties/international-taxation/double-taxation-agreements In addition, Section 75 of ITA 1995 can only apply if the transaction is carried out with a related party. The interaction between Section 75 of ITA 1995 and the corresponding article of adaptation in tax treaties implies that the effects of double taxation are mitigated. Practical difficulties may arise from the national tax legislation of the States Parties. The risks of double taxation exist when the next party is a tax resident in a country with which Mauritius does not have a tax treaty. Article 17 of the agreement is linked to „corresponding adjustments“: Article 9, paragraph 2, of the OECD`s model tax treaty provides for appropriate accommodation to avoid double taxation. Under the tax treaties signed by Mauritius, the tax agreements with France, Malaysia and Zimbabwe do not contain any clauses in Article 9, paragraph 2. Furthermore, the corresponding adjustment is the subject of Article 24, paragraph 5, of Mauritius` tax treaty with the United Kingdom. A non-resident corporation is taxable as a corporation and should pay income tax up to 15%. In bilateral negotiations, paragraph 90 of the SEA contains the following: the MLI is still not in force for Mauritius, as it has not yet completed its internal procedures for ratifying the LML. Once Mauritius has completed all the necessary national procedures, Mauritius will be able to file the ratification instrument with the OECD. In accordance with Section 124 (1) (b) of the Income Tax Act, each person should, if required by the MRI, provide the information requested of the MRI, so that the MRI can respond to any request for information exchange under a tax treaty. The provisions of this subsection also apply to banks.
Article 11, paragraph 8, of the tax treaty between the United Kingdom and Mauritius (D. Maurice-DBA) provides that the contract is not applicable if the claim for which interest is paid was created or transferred primarily for the purposes of the interest section and not for economic reasons. Article 11, paragraph 8, of the DBA of Mauritius can only apply if the main objective of a transaction is a contractual advantage: the UK`s LML positions have indicated that Article 11, paragraph 8, falls within the scope of the General Interest Test (TPP), while Mauritius was not represented in the preliminary positions it had presented in October 2018. The result is a discrepancy in the notifications sent by Mauritius and the United Kingdom regarding the application of the TPP. Although not yet in force, the Nigeria/Maurice tax treaty protocol contains a similar clause that opposes the reduction of the contract in terms of interest, dividends and royalties. Article 23 of Article 23 of the UK DBA also provides that the contract does not apply when income is taxable on a transfer basis in the country of residence. For example, the foreign income of a Mauritian resident is taxable on a transfer basis in Mauricie. If foreign income is not transferred to Mauritius, income in Mauricie is not subject to tax. Considering that foreign income comes from the United Kingdom, there will be no DSTBa relief from Mauritius in the United Kingdom if Mauritius income is not taxable.