THE LAND (DUTIES AND TAXES) ACT - PART I, II & III

s. 2A - Deed in respect of immovable property
1. witnesses a transfer of immovable property, such deed, deed of transfer or document shall be drawn up by an authentic deed (acte authentique)
2. Where the consideration for which a share is issued takes the form of real property under section 56(2) of the Companies Act, the deed witnessing such transfer shall be in the form of an authentic deed (acte authentique).
s. 3 - Duty leviable
1. there shall be levied, on the registration of any deed witnessing a transfer of property irrespective of the date on which the transfer takes place or creating a mortgage or a fixed charge (sûreté fixe), the duty on the value of the property at the time of registration, at the rate in force at the time of registration, in accordance with the Registration Duty Act.
s. 4 - there shall be levied, on the registration of a deed of transfer or a deed witnessing the transfer of property, a tax, to be known as land transfer tax
1. the value of any property transferred
2. the value of any property allocated on the dissolution of a partnership or in any other manner to any person other than the one who brought the property into the partnership
3. where the property transferred is a share in a partnership or successive partnerships, the value of any freehold or leasehold immovable property comprised in the assets of the partnership or successive partnerships calculated in accordance with the First Schedule
  1. (N x I)/C
4. where the property transferred is a share in a company or successive companies, the value of the shares transferred where the transfer of the shares results in a change of control or any increase in shareholding of the controlling shareholder within a period of 12 months from the date of the change of control
5. distribution of property by a trustee to a beneficiary under the terms of the trust, the value of the property so distributed
6. the vente à terme under Article 1601-2 of the Code Civil Mauricien, the consideration stated in the deed
7. by way of a vente en l’état futur d’achèvement under Article 1601-3, of the Code Civil Mauricien, the consideration stated in the deed together with the value of the immeuble à l’achèvement
8. in the case of the withdrawal (“désinteressement”) of a partner from a partnership which another partner previously joined, the value of any freehold or leasehold immovable property comprised in the assets of the partnership calculated in accordance with the First Schedule
9. in the case of the withdrawal (“désinteressement”) of a partner from a partnership which another partner previously joined and which is entitled to shares, whether directly or indirectly, by the constitution of successive partnerships, in another partnership, the value of any freehold or leasehold immovable property comprised in the assets of that other partnership calculated in accordance with the First Schedule
10. an immovable property is transferred to a company and the transferor holds shares in the company the value of which is less than the value of the immovable property transferred, the difference between the value of the immovable property transferred and the value of the shares held by the transferor in the company
11. where there is a transfer of shares in a company or issue of shares by a company or transfer of part sociale in a société which gives right of ownership, occupation or usage in an immovable property or any part thereof, the value of the immovable property or any part thereof
12. Land transfer tax shall be levied on the registration of a deed of transfer witnessing a transfer of shares
  1. at the appropriate rate specified in Part B of the Second Schedule
    1. Transfer of shares
  2. on the value of the shares transferred
  3. at the option of the transferor and transferee jointly, in such proportion as the number of shares transferred bears to the totals number of shares issued by the company, without taking into account the number of shares, if any, issued to the transferee during the period of 3 years immediately preceding the date of transfer, on the open market value of the immovable property comprised in the assets of the company or on the value of the shares transferred, whichever is the lower
  4. where the value of the shares exceed 200,000 rupees, the transferor shall submit a certificate from a professional accountant as to the value of the shares transferred.
    1. Where the open market value of the immovable property excluding the value of any building thereon exceeds 50 million rupees
Where a person withdraws from a partnership as a partner without taking back any property ( “apport”) which he originally brought into the partnership, the deed witnessing his withdrawal (“acte de desinteressement”) shall be deemed to constitute sufficient evidence for the purposes of this subsectionthat he has transferred the property to the partnership on the date on which the withdrawal takes place.
1. where property owned by a company is attributed on winding up, liquidation or dissolution, of the company or in any other manner, to any of its shareholders
2. where property brought into a partnership by way of an “apport” by any of its partners either prior to its constitution and registration or thereafter, is attributed, on its dissolution or in any other manner, to any person other than the one who brought the property into the partnership
3. where property acquired by a partnership either prior to its constitution and registration or thereafter is, on dissolution of the partnership or in any other manner, attributed to a person who joined the partnership after the date of such acquisition
4. where a partner withdraws (“se désinteresse”) from a partnership owning property, which another partner previously joined
5. where a partner withdraws (“se désinteresse”) from a partnership which another partner previously joined and which is entitled to shares, whether directly or indirectly, by the constitution of successive partnerships, in another partnership
6. where property is distributed by a trustee under the terms of a trust to any beneficiary of that trust
s. 4 - The tax shall be
1. paid by the transferor
2. at the rate specified in the Second Schedule
3. Where a person sells a property, he shall make in the deed a declaration of any sale made by him in the 3 years immediately preceding the present sale and the value of the property sold excluding the value of any building thereon.
4. Where the aggregate value of the property sold during the 3-year period exceeds 50 million rupees, he shall pay land transfer tax at the appropriate rate specified in Part A of the Second Schedule.
5. the aggregate value of the property shall not include the value of any building existing thereon
6. the rate shall, notwithstanding above be 5 %
  1. a vente à terme under Article 1601-2 of the Code Civil Mauricien by a company holding an investment certificate in respect of a project under the Real Estate Development Scheme prescribed under the Investment Promotion Act
  2. a vente en l’etat futur d’achèvement under Article 1601-3 of the Code Civil Mauricien
7. Where the transfer under the Real Estate Development Scheme prescribed under the Investment Promotion Act is made, the land transfer tax leviable on the transfer may be paid in 4 consecutive equal 6-monthly instalments, the first instalment being payable at the time of registration of the deed of transfer.
  1. the transferor shall furnish to the Registrar-General, at the time of registration of the deed of transfer, a bank guarantee equivalent to the remaining balance of the land transfer tax leviable.
8. in the case of a non-citizen or a company registered as a foreign company under the Companies Act 2001
  1. where the property transferred is under IRS, be 50,000 US dollars or its equivalent in any other hard convertible foreign currency
  2. where the property transferred is under RES, be 25,000 US dollars or its equivalent in any other hard convertible foreign currency
9. in the case of a citizen of Mauritius or a company incorporated under the Companies Act 2001
  1. where the property transferred is under IRS, be 50,000 US dollars or its equivalent in 12 any other hard convertible foreign currency or in Mauritius currency
  2. where the property transferred is under RES, be 25,000 US dollars or its equivalent in any other hard convertible foreign currency or in Mauritius currency

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THE LAND (DUTIES AND TAXES) ACT - PART I, II & III

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