Dear All,
Please find attached a copy of the MOU signed recently between the Government of Mauritius and South Africa with regards to the issue of ‘dual residence’ for DTA benefits under the revised Mauritius/RSA DTA. Your comments and views are most welcomed.
… a person is deemed to be resident for the purposes of the Agreement, the Competent Authorities shall take into account the following factors:
a) where the meetings of the person's board of directors or equivalent body are usually held;
b) where the Chief Executive Officer and other senior executives usually carry on their activities;
c) where the senior day to day management of the person is carried on;
d) where the person's headquarters are located;
e) which country's laws govern the legal status of the person;
f) where its accounting records are kept;
g) any other factors listed in paragraph 24.1 of the 2014 OECD Commentary (Article 4, paragraph 3), as may be amended by the OECDIBEPS Action 6 final report; and
h) any such other factors that may be identified and agreed upon by the Competent Authorities in determining the residency of the person.
The DTA with India has also been revised recently though the details are yet to be made public, but the general feeling in Mauritius is that the Treaty has been badly renegotiated! Watch this space!