Module Directory

 

Module Description

 
 
Module Name
Module Code
Lecture Hrs
Practical Hrs
Credits
Revenue Law and Law of Trusts
LAWS2220Y(5)
3
0
6

Description
Revenue law: Definition and Historical Background. Basis of Mauritian Taxation. The Charge to Tax; Derivation; Source Doctrine and Classes of Income; Income/Capital Dichotomy. Role of Foreign Law; Construction of Tax Statutes. Taxation of Income derived from Office or Employment. Meaning and Scope of Emoluments. Pre-employment receipts; Gifts and Voluntary payments; Benefits in Kind; Allowable Deductions: Exempt Income. Taxation of Income derived from Business: Trade, Adventure or Concern in the Nature of a Trade; Single Isolated Transactions, Badges of Trade; Illegal Trading; Mutual Trading. Profession, Vocation, Manufacture; Capital Receipts and Revenue Receipts; Deposits, Part payments: Trading Stock: Valuation and Transfer. Allowable Deductions. Initial Repairs, Alterations and Renovations; Interest, Losses and Bad Debts. Capital Allowances: Investment Allowance and Annual Allowance. Meaning and Scope of Plant and Industrial Premises. Taxation of Companies: Corporate Residence. Gross Income, Allowable Deductions; Tax Credits. Taxation of Unit Trust Schemes, Trusts, Societés and Charities. Tax Avoidance; Specific Anti-Avoidance Provisions. Scope of S 90 as a GAAP. Tax Administration: Assessment and Appeals, Returns, Collection and Payments, Revenue Powers of Inquiry, Recovery of Tax. CPS AND PAYE. Historical Background. Maxims of Equity. Creation, Nature and Classification of Trusts; Statutory Requirements of the Trust Instrument; Discretionary and Protective Trusts; Appointment of Trustees; Charitable Trusts; Purpose Trusts: Non-Charitable and Charitable: Legal Definition and Scope of Charities. Enforcers and Protectors. Appointment of Trustees and Termination of Trusteeship. Powers of Trustees: Maintenance, Advancement. Duties of Trustees: Fiduciary Nature of Trusteeship. Remuneration of Trustees; Breach of Trust: Liabilities, Indemnities and Defences; Jurisdiction of Court to make Orders; Failure, Lapse and Termination of Trusts. Variation of Trusts. Constructive Trusts and Remedies for Breach of Trust.
Faculty Department
FACULTY OF LAW AND MANAGEMENT Department of Law
Contact Details
Administrative assistant: TASLIMA BOODHUN-JHUMKA
Telephone: 4037400
Email: t.boodhun@uom.ac.mu
 

 


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