Expeditious Dispute Resolution of Tax Scheme (EDRTS) Guidelines

Transcription

1 Expeditious Dispute Resolution of Tax Scheme (EDRTS) Guidelines 1. General With the coming into force of the Finance Act 2015, the EDRT Scheme has been introduced under Section 28(14) of the MRA Act to enable persons who have been assessed to tax under section 129 of the Income Tax Act, section 37 of the VAT Act or section 119 of the Gambling Regulatory Act (GRA) but who are not satisfied with the assessment, to make an application to the Director General for a review of the assessment. 2. The scheme is operational until 30 September A Panel consisting of 3 officers of the MRA has been set up at the Objections, Appeals & Dispute Resolution (OADR) Department to deal with applications for review. 4. The panel shall not review an assessment: (i) where the application for review is received after 30 September 2015; (ii) which was raised after 31 December 2014; (iii) where no tax is outstanding under the assessment as at 31 December 2014; (iv) where the Taxpayer has agreed to the tax claimed under the assessment at audit, objection or appeal stage. (v) which has been reviewed on objection or after a representation to the ARC. 5. Other Conditions applicable for EDRTS The person has to apply in writing to the Director General for a review of the assessment setting out his grounds of dissatisfaction. He also has to voluntarily make a sworn statement (an Affidavit) in a form which has been prescribed by the MRA, that he is waiving his right to initiate any proceedings before any Court in Mauritius in respect of any decision of the Director General pursuant to the determination of the Panel. The prescribed forms of the Affidavit for individuals and companies can be obtained from the MRA Service Counter or may be downloaded from the MRA website 6. A waiver referred to in the paragraph 5 above shall constitute a bar to subsequent proceedings being initiated by the applicant before any Court in Mauritius in respect of the decision of the Director General. 7. EDRT does not apply to a person: (i) who has been convicted on or after 31 December 2004 of an offence; (ii) against whom there are any pending or contemplated civil or criminal proceedings; or (iii)who is the subject matter of an enquiry,

2 relating to trafficking of dangerous drugs under the Dangerous Drugs Act, terrorism under the Prevention of Terrorism Act, money laundering under the Financial Intelligence and Anti-Money Laundering Act or corruption under the Prevention of Corruption Act. 8. The application together with the affidavit should be sent to: The Director General MRA, Ehram Court Cnr. Mgr Gonin & Sir Virgil Naz Streets, Port Louis or The Director Objections, Appeals & Dispute Resolution (OADR) Department Level 6, Belfort Tower, 41, Dr. Joseph Rivière Street, Port Louis 9. Determination of Cases (i) The Applicant will be informed within one month of receipt of his application whether his application for review has been accepted. (ii) The Applicant may be called before the Panel to provide any document and explanation in connection with his application for review. (iii) The Panel shall make a determination based on information submitted within 6 months from the date on which the application for review was referred to it. The decision of the Panel is final and conclusive (iv) On determination of the case by the Panel, the Taxpayer will have to sign an agreement which will embody the terms and conditions for the settlement of his tax liability. (v) In case no agreement is reached with the taxpayer, the amount determined by the Panel shall become recoverable forthwith.

3 SUPPORT SERVICES For further information or clarification on the EDRT Scheme, you may contact MRA Service Counter or OADR Department at: MRA Service Counter Ehram Court Cnr. Mgr Gonin & Sir Virgil Naz Streets, Port Louis Fax: Tel No: Hotline: Objections, Appeals & Dispute Resolutions (OADR) Department Level 6, Belfort Tower 41, Dr. Joseph Rivière Street, Port Louis Tel No: Fax No:

4 IN THE SUPREME COURT OF MAURITIUS Annex 1 I,, holder of National Identity Card Number (NIC) and Tax Account Number (TAN) residing at, make oath/solemn affirmation* as a.. and declare that (a) I have been made aware of the provisions of Section 28(14) of the Mauritius Revenue Authority Act, (the Act); (b) pursuant to Section 28(14) of the Act, I am applying for a review of the assessment(s) made on me bearing assessment(s) number(s) in respect of the year(s) of assessment to..; (c) the grounds for review are: (d) I hereby voluntarily waive my right to initiate any proceedings before any Court in Mauritius in respect of any decision of the Director-General pursuant to the determination of the panel; (e) I understand that a waiver shall constitute a bar to any subsequent proceedings that I may initiate before any Court in respect of the decision of the Director-General... Signature Sworn/solemnly affirmed by the above-named before me at this day of * Delete as appropriate Supreme Court

5 IN THE SUPREME COURT OF MAURITIUS Annex 2 I,, holder of National Identity Card Number (NIC) residing at, make oath/solemn affirmation* as a.. and declare that (a) I am duly authorized by the directors ( in the case of company,tan )/the associés (in case of societé, TAN ) to swear this affidavit;* (b) I have been made aware of the provisions of Section 28(14) of the Mauritius Revenue Authority Act, (the Act); (c) pursuant to Section 28(14) of the Act, I am applying for a review of the assessment(s) made on the company/societé* bearing assessment(s) number(s) in respect of the year(s) of assessment to..; (d) the grounds for review are: (e) I hereby voluntarily waive my right to initiate any proceedings before any Court in Mauritius in respect of any decision of the Director-General pursuant to the determination of the panel; (f) I understand that a waiver shall constitute a bar to any subsequent proceedings that the company/societé* may initiate before any Court in respect of the decision of the Director- General... Signature Sworn/solemnly affirmed by the above-named before me at this day of * Delete as appropriate Supreme Court