Mauritius: foreign trusts no longer exempt from income taxes

With the amendment of the country’s Finance Act (Miscellaneous Provisions) the Mauritius Revenue Authority (MRA) has recently announced that foreign trusts held within the country will no longer be exempt from income taxes. This means that even if you are a non-resident your will be required to pay taxes on profits made by entities domiciled in Mauritius.

Prior to 2021 Finance Act where, where a trust:

  • of which the settlor is a non-resident;
  • of which all the beneficiaries are non-residents;
  • is a purpose trust under the Trusts Act and whose purpose is carried out outside of Mauritius;

it could file a declaration of non-residence in order to be exempt from income tax in respect of the relevant year.

Following 2021 Finance Act, the above exemption will no longer be available except for trusts which were set up before 30 June 2021. Furthermore, during the grandfathering period, the grandfathered trust cannot benefit from the exemption in respect of income generated by new assets/activities started after 30 June 2021.