Good news for Expats in Mauritius

Good news for Expats in Mauritius

The Mauritius Budget 2020 has arrived and the good news for expats is that it is going to be much easier to move to Mauritius, to live and work here, and to stay here for longer. There is a potentially large pothole in the road if the Solidarity Levy is applicable to non-Mauritian residents but at face value it is not for now. The first thing that must be borne in mind is that some measures announced in Mauritian budgets do not see the light of day. The second thing is that there will still be some amendments before the bill becomes law, so don’t make any decisions based on the new provisions quite yet.

This list of proposed changes below is simply a sample of many changes brought in, that we view will be most relevant to those already on the island, or looking to come here. There are three main ways that the budget will impact expats in Mauritius.

  1. The requirements to get a permit in Mauritius
  2. The benefits of getting a permit in Mauritius
  • The requirements for investing in property in Mauritius

The Requirements to Get a Permit For Expats

Investor Permit

The Mauritian Investor Permit is currently one of a number of ways that a non-citizen can live and work in Mauritius. A new provision would allow the Investor to make only an initial USD 50,000 investment into the Mauritian company rather than the current requirement of USD 100,000.

Professional Permit

The new law would allow someone to get a permit to work in Mauritius in certain specified sectors for a basic salary of at least MUR 30,000 per month, extending the provision currently in place for the ICT sector, as opposed to the MUR 60,000 minimum requirement that exists now. More details will follow for this.

The Benefits of Getting a permit

Retirement Permit

Retirees will get a 10-year permit rather than 3 years.

Parents of permit holders

Parents of an occupation permit holder will now be able to come and live in Mauritius.

Permits through property investment

Currently, by investing in a property in a PDS scheme or equivalent, one can get residence for the investor and their family but this did not give them the right to work. The proposed law removes the requirement for the investor to need a further permit to work.

Permanent Residence

After 3 years in Mauritius on an occupation permit, it looks like it will be much easier to get a Mauritius Permanent Residence Permit. The Permanent Residence Permit itself is going to be increased from 10 years renewable to 20 years.

New Property criteria

Minimum threshold

The minimum investment threshold in approved property schemes that give an automatic right to live and work in Mauritius, has lowered from USD 500,000 to USD 375,000.

Smart Cities

Non-citizens who hold a permit can now buy serviced land for residential purposes within a Smart City up to a maximum size of 2,100 m2. There are various conditions attached but ultimately this is the first time that foreigners can actually own land like this in Mauritius in such a way.

Conclusion

There are a lot of positives that will give more confidence to non-citizens who currently are in Mauritius or looking to come over. Having the longevity of permanent residence more easily as well as the Applicant’s parents being able to stay, really opens up Mauritius to many who were on the fence. Wait before making any bold decisions on relocation, and be sure that the final laws enacted are the ones that you are relying on. If you would like updates on any of these points as the changes become law then please get in touch.

About the Author

Philip Tsalikis is a practicing UK barrister based in Mauritius and registered there as a foreign lawyer. He is the founder of TBI Mauritius, a consultancy firm based in Mauritius but with a global reach and network. TBI assists individuals and businesses with their investment, relocation, setup, and operations in Mauritius, and throughout Africa.

Disclaimer

Our aim with our articles is to make them digestible. We keep them short and relevant but we do not update them. They are not designed to be legally relied upon. This article contains no legal, tax, or financial advice, all of which should be sought from relevant professionals.

Please contact us via our website, via email to info@tbimauritius.com or via the form below.

incentives for manufacturing in Mauritius

Manufacturing in Mauritius and the incentives to export and trade from Mauritius

Mauritius is an established manufacturing hub, nestled conveniently on the trade route between Europe, Asia and Africa. The two main products dominating this industry in Mauritius over the last few decades were textiles and sugar. In recent years the offering has become more diversified and a multitude of incentives for manufacturers have been created, both fiscal and practical, that can help those looking to use Mauritius as a global manufacturing hub. It is our intention to provide a simple guide explaining what the advantages of both manufacturing and exporting from Mauritius are.

Why manufacture in Mauritius?

1 – Business Environment

Mauritius is renowned for its ease of doing business and is ranked 1st in Africa for almost every business indicator. It is quick and simple to set up a company and an offshore bank account, even as a foreigner setting this up remotely. There are checks and documentary requirements as you would expect from any reputed jurisdiction. You will need to have a corporate service provider administering the entity or structure if it is to do business globally. It is relatively simple to relocate to Mauritius, buy property and get your occupation permits.

There is a Freeport and modern infrastructure in Mauritius with excellent global logistics by both air and sea. The local population is well-educated, cost-effective and bilingual, speaking English and French. Madagascar is often used for the outsourcing of certain activities, especially for textiles, as this brings the costs even lower. One can buy commercial property in Mauritius as a foreigner and can rent factories and warehouses for low prices.

2 – Fiscal Incentives

These are the current incentives for manufacturing in Mauritius listed on the Economic Development Board’s website as of the time of writing this article.

  • 8-year income tax-holiday for companies engaged in the manufacturing of pharmaceutical products, medical devices and high-tech products
  • 3 per cent corporate tax on profits derived from exports of goods
  • No import duties on equipment and raw material
  • No export duties in Mauritius
  • VAT on raw materials is payable at customs clearance but reimbursable on exports
  • Investment Tax Credit of 5% – 15% per year (i.e. 15% – 45% over three years) for investment in high-tech manufacturing equipment (the credit amount will depend on the nature of the activity)
  • Accelerated depreciation of 50% on machinery, equipment and construction of industrial premises dedicated to manufacturing activities
  • Companies can claim a double deduction in respect of qualifying expenditure on R&D until income year 2021-2022
  • No Registration Duty and Land Transfer Tax on any transfer of a building or land earmarked for the construction of a building, to be utilised for setup of qualifying high-tech manufacturing activities
  • Accelerated depreciation of 50 percent per annum on capital expenditure incurred on R&D

3 – Preferential Market Access and Unique Opportunities

Mauritius has in place several regional Agreements, such as SADC, COMESA and IOC but also AGOA and the Interim EPA with the US and the EU respectively. Each offers different trade and access benefits depending on where one is exporting to. Mauritius has many bilateral treaties with other countries in Africa and beyond that give further tax, business and protection benefits. These agreements are one reason why Mauritius is a very popular choice for trading and holding companies, especially when dealing with countries in Africa that are less stable or have high withholding taxes.

Mauritius has an Exclusive Economic Zone of 1.96 million square kilometres and a jointly-managed agreement with the Seychelles for another 396,000 square kilometres. There is therefore a thriving seafood processing sector in Mauritius with a strong focus on tuna. Due to the significant amounts of sugar being processed in Mauritius there are a number of very credible and renowned rum–makers.

Summary

For the many reasons listed above, Mauritius is strategically and geographically a very good place to set up a manufacturing or trading company. Whether a Mauritian company exports goods directly from Mauritius that it manufactures, or buys goods from Asia for example and ships them straight to Africa or Europe, the tax on profits in Mauritius are only at 3% with tax on dividends at 0%. Add to that a stable banking system used to trading globally, the Privy Council of England and Wales as the Apex Mauritian court, as well as the low-cost labour and safe idyll existence in Mauritius, then it is no wonder that demand for setting up Mauritian companies is high.

About the Author

Philip Tsalikis is a practising UK barrister based in Mauritius and registered there as a foreign lawyer. He is the founder of TBI Mauritius, a consultancy firm based in Mauritius but with a global reach and network. TBI assists individuals and businesses with their investment, setup and operations in Mauritius, and throughout Africa.

Disclaimer

Our aim with our articles is to make them digestible. We keep them short and relevant but do not update them. They are not designed to be legally relied upon. This article contains no legal, tax or financial advice, all of which should be sought from relevant professionals.

Please contact us via our website, via email to info@tbimauritius.com or via the form below.

Bank Accounts in Mauritius

Bank Accounts in Mauritius

It looks like COVID-19 did not disrupt the banking, financial and offshore sectors in Mauritius too much. Although the virus spread was contained in Mauritius, the economic ramifications of the global shutdown are not to be underestimated. Our aim with this article is to say what can be set-up remotely, what options there are in terms of Mauritius bank accounts and Mauritius offshore company formations, and the general procedures and processes thereof.

What can be set-up remotely in Mauritius?

Mauritian bank accounts, companies and Funds can be set up without ever having to come to Mauritius. This includes Mauritian business registration of Global Business Companies (GBCs), Authorised Companies (ACs) and Mauritian domestic companies. The same can be said for the more complex financial licences like a Payment Intermediary Services Licence (a PSP in other jurisdictions), an Investment Dealer Licence, an Investment Adviser Licence and a CIS Licence to name but a few.  One can invest in property without having to come here, (although make sure you have someone trustworthy on the ground) as well as setting up an investment vehicle for purchasing the property. One can even apply for a residence permit via the EDB online portal from abroad. With internet banking the limitations of a bank account in a foreign jurisdiction are somewhat minimised.

What types of bank accounts are available in Mauritius?

The banking sector in Mauritius is sophisticated, stable and provides multi-currency accounts, internet banking and international bank cards to its many global customers. Personal offshore Mauritian bank accounts for those living abroad can be set up in a few weeks as long as KYC and compliance tests are passed. Equally Mauritian offshore bank account openings are available both Mauritian companies and foreign companies.  Mauritius offshore bank accounts are actually very popular for companies incorporated elsewhere, notably in Hong Kong, Dubai and Cyprus, due to the strength of the banking sector here and the lack of exchange controls. A company that is tax resident in Mauritius such as a GBC, must have its primary bank account in Mauritius.

Which Banks are present in Mauritius?

Currently licenced by the Bank of Mauritius are the following banks: ABC, Absa (formerly Barclays), AfrAsia, Bank of Baroda, Bank of China, Bank One, Banyan Tree, BCP, Century Banking Corporation, Habib Bank, HSBC, Investec, MauBank, SBI, SBM, MCB and Warwyck. These banks differ in size, capability and offerings. There are global names, niche banks, formidable Mauritian and African competitors and an Islamic Bank.

What currency of account can I have?

One can choose any of main world currencies for a Mauritian offshore bank account. Many individuals and companies therefore have EUR, GBP, USD and MUR accounts. The internal exchange rate is competitive with most of the banks here so having multiple accounts is a significant benefit.

What needs to be provided to set up an offshore bank account in Mauritius?

Each bank has their own procedures to apply for a bank account, normally lasting for a few weeks. Expect the usual checks on individuals for their personal accounts, as there are for directors, shareholders and UBOs of companies, including certified copies of a passport and a recent utility bill. Reference letters, generally from a current bank are requested but substitute documents can normally suffice such as 6 months of current bank statements and a signed form allowing the Mauritian bank to contact the current bank.

The key focus is on the funds that will be arriving in the bank account, to show firstly where the money is coming from, and then that there is no chance that this money is in any way made from illegal activities, or that the bank account or company is going to be used to launder money. Mauritius takes its Money Laundering obligations very seriously as shown by its OECD and EU status. Expect the Business plan for any company account to be looked into in detail.

Unlike certain jurisdictions, there are no exchange-controls in Mauritius and the hard thing is to bring money into Mauritius. Once it is here, it is easy to move around and so it is a great banking jurisdiction for a trading company. For example, for any company buying goods in Asia and selling them in Africa or Europe, if a GBC is set up, then it is very easy to pay all the suppliers from Mauritian bank accounts. With 80% exemption on corporation tax, it means that there is only 3% tax on profits and no tax on dividends so this is a very popular option.

How to successfully set up an offshore Mauritius bank account?

We would break down the key elements of successfully opening bank accounts into the following sections:

  1. The Activity of the company or individual – For example if the activity is something that is illegal in Mauritius, such as cannabis oil, online gambling or weapons, or if it is deemed very risky such as cryptocurrency exchanges with clients predominantly from countries which makes banks nervous, then it will rarely get off the ground. Mauritian banks are still very cautious when any company activity involves cryptocurrency, even if it is licenced by the FSC in Mauritius. One can ask for dispensation from the FSC for a GBC to have a primary bank elsewhere, and there are now some banks in Mauritius that have more of an appetite for the Fintech future. A bank account opening will always be difficult in any jurisdiction with these activities.
  2. The Shareholders and the UBO – Expect thorough KYC checks on all parties involved, especially those owning the company or account, from World-Check to media checks. If there are potential issues such as historical media attention, then try and tackle it from the start rather than hope that no one sees it. It is much easier to set up a bank account in Mauritius if it is for a Mauritian company rather than a foreign company so bear in mind it is sometimes worth setting up a holding or trading company in order to utilise the banking sector here if you are struggling to do so with a foreign company.
  3. The preparation in the application – The most successful applications are those where the client’s agent in Mauritius, normally holding an EIC (Eligible Introducer Certificate), has asked in advance all of the question that the bank will ask, and therefore, the initial application is comprehensive, and the evidence preempts any concerns. Ultimately if the first two elements above are not right then there will still be an issue but there are many clients who fit into a grey area and with the right assistance then they can have a bank account setup in Mauritius.
  4. Picking the right bank – Some of the more popular banks can be risk-averse and some of the banks are more Fintech-friendly for example. When setting up a company in Mauritius either with a Regulatory Sandbox Licence or a PIS licence dealing with cryptocurrency for example, then you can seek guidance from the Regulatory body, the EDB or the FSC respectively, as to which bank will be more likely to open an account if it is successful with its licence application. Some of the banks have far better internet banking than others and some are far quicker for account opening.
Conclusion

Mauritius offers a stable and welcoming environment to do business. Even though the world is in COVID-19 turmoil, many clients are finding they have the opportunity to focus on things that they have been meaning to for a long time. It is clear that risk management and diversification is something that every individual and company need to consider. Whether it be a life insurance policy or a trust to protect one’s estate, an investment in property that gives a permanent residence backup for the buyer and their family or just their company or personal banking moved to a stable jurisdiction for ease or to mitigate tax, then Mauritius has something to consider for everyone.

About the Author

Philip Tsalikis is a practising UK barrister based in Mauritius and registered there as a foreign lawyer. He is the founder of TBI Mauritius, a consultancy firm based in Mauritius but with a global reach and network. TBI assists individuals and businesses with their investment, setup and operations in Mauritius, and throughout Africa.

Disclaimer

Our aim with our articles is to make them digestible. We keep them short and relevant but do not update them. They are not designed to be legally relied upon. This article contains no legal, tax or financial advice, all of which should be sought from relevant professionals.

Please contact us via our website, via email to info@tbimauritius.com or via the form below.

Residence and Permits-mauritius

Our simple Guide to Residency and Permits in Mauritius

Mauritius has a very diverse ecosystem and is proving a very popular place to relocate to and retire. It is still considered by some across the globe as a honeymoon destination. However, a substantial financial services industry with a focus on FinTech, and bustling real estate opportunities means that there are many business and investment opportunities here. From manufacturing to education and banking to agriculture, this unique business environment, coupled with the safety, stability and beauty of Mauritius, unsurprisingly has many foreigners looking to relocate to these shores.

We have tried to form a relatively simple guide, that can be useful for those at their preliminary stages of seeking to come over. There are several ways that someone can relocate here so we have tried to list most of the main ways, in a format that removes complexity and can be absorbed easily.

1 – Getting residency by investment

Without a doubt, the simplest way to get residence that is as permanent as a property, for you, your partner and your young children, is to acquire real estate in Mauritius that fulfils certain criteria. The basic requirements are that the property is residential, it costs more than USD 375,000, and it is in one of the specific schemes that the Economic Development Board permits such as the Property Development Scheme (PDS). This also allows you to work in Mauritius.

Only however go for this if:

  1. You know Mauritius and are sure you want to be permanently based here
  2. You have enough money to invest in such a scheme, bearing in mind that most of the properties are significantly more than USD 375,000.
  3. You use reputable advisors and firms to guide you as there is a significant variation of quality in this sector.

If you do not fit any one of the criteria above then we would suggest the following order of thought.

2 – The easiest way to get a regular residence permit

Apply for a residence permit as a retired non-citizen. This is a really simple way of moving here without having to commit to any investments here.

Only do this if:

  1. You are 50 years old or more
  2. You are not intending to work or be employed in Mauritius.
  3. You can afford to transfer an average of USD 1,500 per month (this mount has recently been reduced from USD 2,500) into your bank account here.

3 – What if 1 and 2 don’t work for you? An Occupation Permit!

The majority of people who move here do not fit into either category above. They are first in our list as if you satisfy the criteria and you are sure on the decision, then they are easier than the other options.

If you are not coming here to retire, then you will need an Occupation permit, which is a combined work and Residence Permit. Note that this does not permit your spouse or partner to work, and they must seek their own work permit. Your partner and children can however live here on your permit.

The options:

  1. Investor Permit (10 years)
  2. Professional Permit (3 years)
  3. Self-employed Permit (10 years)

1 – Investor Permit

This is a very popular form of Occupation Permit, that allows you to set up, or invest in a business if the main vehicle is a Mauritian company. This could be a management company, a restaurant, a diving school or a construction company. In short, it needs an investment of USD 50,000, which can be used for buying stock, paying rent, paying for staff etc. There are however some derivations of the investor permit, including the Innovator Permit requiring less investment and more focus on R & D in Mauritius

2 – Professional Permit

This allows a non-citizen to work for a company, (that is not his or hers), for a minimum of MUR 60,000 per month or MUR 30,000 per month in the ICT sector. There are many global companies in Mauritius, especially in the financial services sector. With the variety of global and entrepreneurial companies entering Mauritius, the job market is only getting more varied and interesting. There are several recruitment companies here that can help find a job suitable for a Professional Permit.

3 – Self-employed Permit

This requires it to be a one-person business. An initial up-front payment of USD 35,000 is needed as well as a business income of at least MUR 600,000 per year.

Although succinct, we hope that the information above helps those looking at Mauritius for relocation, residence and permits, to find a simple solution for their needs.

Premium Visa

This is a simple way that has recently (late 2020) been added. We cover this option in another article that can be found here.

About the Author

Philip Tsalikis is a practising UK barrister based in Mauritius and registered there as a foreign lawyer. He is the founder of TBI Mauritius, a consultancy firm based in Mauritius but with a global reach and network. TBI assists individuals and businesses with their investment, setup and operations in Mauritius, and throughout Africa.

Disclaimer

Our aim with our articles is to make them digestible. We keep them short and relevant but do not update them. They are not designed to be legally relied upon. This article contains no legal, tax or financial advice, all of which should be sought from relevant professionals.

Please contact us via our website, via email to info@tbimauritius.com or via the form below.

Company formation - TBI Mauritius

Formation of Offshore Companies in Mauritius

We have attempted to provide some information on what options people have for company formation and registering businesses in Mauritius, including both offshore companies and domestic companies. We try and go through a few of the benefits of the jurisdiction, the different options there are, and points to consider along the way. This is neither meant to be exhaustive nor detailed and is not to be relied upon other than for general information purposes.

Advantages of Mauritius

Mauritius packs quite a punch for a small island. Significant amounts of Foreign Direct Investment have headed to India and China, and now to Africa, using Mauritius as its conduit. There are many reasons for this. In short, there are Double Taxation Avoidance Treaties (DTA) and International Promotion and Protection Agreements (IPPA) with the countries that the company or fund are to invest in. The first of these, amongst other benefits, limits the withholding tax and tax on dividends amongst other taxes, and the second provides protection to the investment that it would not be possible to do if one did not base the company in Mauritius. The tax regime in Mauritius is flat at 15% for corporate and income tax, but with most structures and funds, this can be reduced to 3% or even 0%. The population is bilingual, highly educated, and the stability of the country defies much of the rest of Africa.

Types of Companies in Mauritius

Despite there being much information online regarding GBC 1 and 2s, (Global Business Companies), it is not possible to create either of these offshore companies anymore. Existing ones have special rules grandfathering some of their benefits for a while yet, but we are left with three options for companies in Mauritius if one wants to set up a new Mauritian company.

1 – Domestic Companies

These are local companies, primarily for doing business in Mauritius. They are very similar to any company from the UK, Australia or New Zealand, with the Companies Act having most of the same rules. These companies can be owned by foreigners. Practical instances of foreigners using these are generally for when the company will concern Mauritius in its operations. For example, they are often used when someone is on an investor permit and they are undertaking much of their development of investment in Mauritius. They are sometimes used to purchase Mauritian property to avail many of the benefits. Business registration is quick for domestic companies and the costs are low. There will need to be one resident director. These do not require a management company.

2 – Global Business Licences

There is now only one Global Business Licence as of January 2019. This is similar to the old GBC 1, but with different substance requirements and different tax consequences. There are more onerous conditions to qualify as a Global Business Company (GBC). The GBC is now taxed at 15%, but instead of the old deemed foreign tax credit of a GBC1, there is now a partial tax emption of 80% for certain income. This brings tax of the entity down to 3% for a structure that is properly set up. There still need to be 2 directors resident in Mauritius, whom are generally provided by the management company. These companies normally take 2-4 weeks to set up including a bank account. If other Mauritian licences are needed during the business registration process, such as Investor Dealer Licences, Investor Advisor Licences, Payment Service Provider Licences (Payment Intermediary Service Licence in Mauritius) or Collective Investment Scheme Licences (Fund Licences), then these other licences will delay the process significantly.

3 – Authorised Companies

The other offshore company is the authorised company. This is not resident in Mauritius for tax purposes, and therefore cannot utilize many of the benefits of using Mauritius such as the DTAs and the IPPAs. The tax is therefore 0% and this is the equivalent of the old GBC 2, an offshore Mauritian company. The directors need to be outside Mauritius so you need to make sure that whichever management company you are dealing with has a good partner in another country to provide these directors. Authorised companies are somewhere between the domestic companies and GBCs in terms of cost and timeframes to set up.

Management Companies

Management companies are corporate service providers that assist with the set up and administration of offshore companies in Mauritius. They are licensed by the Financial Services Commission (FSC), who are the regulators for the financial sector here, other than banking. For when there is insufficient regulation in an area, such as in FinTech, then the Economic Development Board, amongst other, is involved. Management companies vary greatly in terms of their size, competence and global reach. The fees that the client pays by coming through us are some of the best value around as the management companies we work know that we get multiple quotes, and the service level they provide is high as we give them numerous clients. Importantly also, when a client needs a global solution, or a particular area of expertise such as FinTech, then this requires us to use specific management companies and service providers for different clients and their specific needs, which we can guide you through.

Conclusion

You will need advice and guidance as to what company and structure to choose as you want to be tax-efficient but within the law. TBI works with the most reputable management companies, accountancy firms, lawyers and banks as well as with the FSC, EDB and Registrar of Companies, to provide a one-stop shop in Mauritius for your business setup and beyond. We act as a partner that the client can trust, and as an introducer to make sure that the right service providers with the necessary competence are giving the client both quality work and value.

About the Author

Philip Tsalikis is a practising UK barrister based in Mauritius and registered there as a foreign lawyer. He is the founder of TBI Mauritius, a consultancy firm based in Mauritius but with a global reach and network. TBI assists individuals and businesses with their investment, setup and operations in Mauritius, and throughout Africa.

Disclaimer

Our aim with our articles is to make them digestible. We keep them short and relevant but do not update them. They are not designed to be legally relied upon. This article contains no legal, tax or financial advice, all of which should be sought from relevant professionals.

Please contact us via our website, via email to info@tbimauritius.com or via the form below.

Legal Assistance in Mauritius

Beware of the South African expat tax!

Introduction

SA expats will need to make some decisions on their financial future as a tax of up to 45% looms on the horizon through a change in the law. As the founders at TBI are from the UK and based in Mauritius, many of our friends and clients are from SA and have been looking for guidance. If you have any further questions on the article below or would like to be introduced to those who can provide the technical solutions to you, then please get in touch.

This article is intended, in a simplistic way, to illustrate the factors that South Africans must consider, and offer some potential solutions. This is neither legal nor tax advice. Although many South Africans believe that their ties with their homeland are cut, it might not be as simple as that for the South African Revenue Authority (SARS). By March 2020, for those ill-prepared, significant fiscal consequences may await! With the right preparation and guidance, much can be done.

The current law

There is a residence-based tax system in SA. A resident is charged on their worldwide income in SA. Those whose residency is outside SA and are declared a non-resident by satisfying certain criteria are currently exempt from tax in SA for income from foreign employment (earnings).  The basic criteria being someone outside SA for more than 183 days (of which 60 are consecutive) over a 12 month period, all subject to the SARS physical presence test. In short, expat SA residents generally fit into this category.

The change in the law

The amendment to the South African Income Tax Act will come into effect in March 2020. Those from SA that are currently exempt from paying tax in SA may now be taxed up to 45% of anything earned outside SA over ZAR1 million each year. This ZAR1 million likely includes allowances and fringe benefits such as flights and housing.

This amount of tax would be subject to any Double Taxation Agreement (DTA) in place. In Mauritius for example, which has a 15% tax rate and a DTA, the approximate tax payable in SA would be around 30% for anything above ZAR 1 million (on top of tax in Mauritius). We would recommend speaking to a tax lawyer in SA to find out if you are likely to be subject to the expat tax, based on your individual circumstances before you make any decision.

Options

The options below are not intended to be exhaustive, but simply some of the options available.

  1. Financial Emigration (FE)

This is different to emigration which likely would already have been achieved. FE is an administrative process whereby one cuts all ties with SA via the bodies SARB (South African Reserve Bank) and SARS, informing them that you are no longer ‘ordinarily resident’.

One must be sure about this decision, as if the person returns to SA, then there are various fiscal penalties for failed emigration. If one is sure to cut all ties, then there are various other advantages on inheritance and retirement annuities. Potential risks include Capital Gains Tax (Exit Tax) on residential property in SA.

  1. Setting up a tax-efficient structure

This is where you need the help of a corporate service provider and potentially a tax lawyer. There are a number of vehicles that can be used. A popular option is an offshore professional services company in a low-tax jurisdiction taking into account substance requirements. Another option is an investment portfolio as part of a retirement plan. There is no income tax on interest earned and no CGT. Some of our partners are able to guide you on these options and others.

  1. Move back to SA

There is always the option to move back. Despite the turbulent times, SA is still an incredibly beautiful country, that is cheap to live in.

Conclusion 

Seek professional advice, be prepared, and do what is best for your circumstances. If you would like us to introduce service providers who can provide the structures for you, or introduce you to tax experts who can guide you as to your liability, then please get in touch.

About the Author

Philip Tsalikis is a practising UK barrister based in Mauritius and registered there as a foreign lawyer. He is the founder of TBI Mauritius, a consultancy firm based in Mauritius but with a global reach and network. TBI assists individuals and businesses with their investment, setup and operations in Mauritius, and throughout Africa.

Disclaimer

Our aim with our articles is to make them digestible. We keep them short and relevant but do not update them. They are not designed to be legally relied upon. This article contains no legal, tax or financial advice, all of which should be sought from relevant professionals.

Please contact us via our website, via email to info@tbimauritius.com or via the form below.