South Africa and Mauritius have enjoyed a very special relationship for a very long time despite both African countries having a unique economic profile. It is important to note that South Africa and Mauritius have signed a Double Taxation Avoidance Agreement (DTAA), a tax treaty which entered into force on 28 May 2015, and replaces the 1996 South Africa-Mauritius tax treaty.  

The Double Taxation Avoidance Agreement (DTAA) between Mauritius and South Africa is a crucial tool for strengthening economic cooperation between the two countries. The agreement serves as a framework for the avoidance of double taxation on income earned by individuals and businesses in both countries. It also aims to promote bilateral trade, investment, and economic activity through effective tax planning and certainty of tax treatment. 

A Double Taxation Avoidance Agreement (DTAA) is a bilateral agreement between countries aimed at eliminating or reducing double taxation on income earned by residents of both countries Mauritius and South Africa, which facilitates cooperation and promotes economic relations between the two countries. Here’s how Mauritius and South Africa can work together with the DTAA: 

Elimination of Double Taxation: There are several benefits to leveraging the DTAA between Mauritius and South Africa. One of the most significant advantages is the reduced tax burden on businesses that operate in both countries. The agreement allows for the elimination of double taxation, meaning that income that is taxed in one country will not be taxed again in the other country. This helps to reduce the overall tax liability of businesses and can encourage them to expand their operations in both countries. The primary objective of the DTAA is to eliminate double taxation of income that may arise when a resident of one country earns income in the other country. The agreement provides mechanisms for determining the taxing rights of each country to avoid duplication of taxes. 

Tax Relief and Exemptions: The DTAA outlines specific provisions for granting tax relief and exemptions. For example, it may provide for reduced withholding tax rates on dividends, interest, and royalties, or exempt certain types of income from taxation in the source country. 

Avoidance of Tax Evasion: Another benefit of the DTAA is that it provides a framework for the exchange of information between the two tax authorities. The DTAA includes provisions for exchange of information and cooperation between tax authorities of both countries to prevent tax evasion. This helps in ensuring transparency and compliance with tax laws, reducing the risk of improper use of the agreement andto prevent tax evasion while ensuring that both countries have accurate information about the income earned by individuals and businesses. The exchange of information promotes transparency that encourages the   building of trust between the two countries. 

Promoting Investment and Trade: The DTAA can contribute to promoting investment and trade between Mauritius and South Africa. It provides certainty and predictability for businesses operating in both countries by establishing clear rules on tax treatment. This can encourage cross-border investments, as investors can rely on the agreement’s provisions to minimize tax liabilities. 

Resolving Tax Disputes: The DTAA includes provisions and mechanisms for resolving any disputes that may arise between the tax authorities of the two countries. This can be especially helpful in cases where there are disagreements about the interpretation or application of the agreement. This generally involves mutual agreement procedures, allowing the competent authorities to consult and resolve issues related to the interpretation or application of the agreement. The ability to resolve disputes effectively can help to promote stability and predictability in the business environment, which is essential for attracting investment and encouraging economic activity. 

In November 2009, South Africa and Mauritius started renegotiations for the new tax treaty. The renegotiations were finalised in January 2011. The main driver for the renegotiation of the old tax treaty was to curb abuse of the old treaty. The new treaty was signed by the two countries on 17 May 2013. The South African Parliament ratified the new treaty on 14 September 2013. Mauritius notified South Africa of its ratification of the new treaty on 28 May 2015. The main changes to the old tax treaty include a revised test for dual residence for persons other than individuals; withholding taxes on interest and royalties; capital gains tax; removal of tax sparing provision and assistance in tax collection. 

This new treaty reflects changes in the tax policies of the two countries and is in line with international best practices to deal with tax abuse as outlined in the OECD Model Tax Convention. The new treaty deals inter alia with the treatment of dual residence for persons other than individuals and withholding taxes on interest and royalties. 

To work together effectively under the DTAA, Mauritius and South Africa should ensure proper implementation and administration of the agreement. This includes effective communication between tax authorities, coordination of tax policies, and ongoing review and update of the agreement to address changing economic and business environments. 

It’s important to note that the specifics of the DTAA between Mauritius and South Africa may vary, and it’s advisable to refer to the actual agreement and consult with tax professionals for detailed guidance on utilizing the provisions of the agreement. 

Overall, leveraging the DTAA between Mauritius and South Africa has the potential to significantly strengthen economic cooperation between the two countries. By providing a framework for effective tax planning, reducing the tax burden on businesses, promoting transparency, and providing a mechanism for resolving disputes, the agreement can help to create a more stable and predictable business environment. This, in turn, can encourage investment, promote trade, and boost economic growth in both countries. 

To learn more about benefiting from the Mauritius-South Africa tax treaty, contact Órama Corporate Services for more information.