TAX RISK & COMPLIANCE
ADMINISTRATION

CHARACTERISTICS OF INVESTMENT FUNDS / PRIVATE EQUITY

An investment fund is a way of investing money alongside other investors to benefit from the advantages of group investment — such as significantly reducing individual investment risk.

A Mauritius Investment Fund can be structured in one of the following ways:

  • A company limited by shares
  • A protected cell company, where a single legal entity is divided into cells. Each cell has legally separate assets and liabilities from the others.
  • A limited partnership, where two or more partners agree to conduct lawful business in Mauritius (or with persons outside Mauritius) with the goal of making a profit.

FUNDS ARE EITHER:

  • Open-ended – with a variable share capital. These fall under the Collective Investment Scheme (“CIS”) category.
  • Closed ended – with a fixed share capital commonly known as CEF or private equity funds.

5 YEARS TAX HOLIDAY FOR OFFICERS OF CIS MANAGERS AND ASSET MANAGEMENT COMPANIES

PROVIDED THE FOLLOWING CONDITIONS ARE SATISFIED:

  • The officer must be resident in Mauritius;
  • The asset base being managed must be an average of USD 100 million over the last financial year; and
  • The employer of the officer must submit a declaration to the FSC, to the effect that the officer has managed an asset base averaging USD 100 million over the last financial year, signed by two directors and certified by the auditors.

LEGISLATIONS PERTAINING TO FUNDS

  • Protected Cell Companies Act 1999
  • Companies Act 2001
  • Financial Intelligence & Anti-money
  • Laundering Act 2002
  • Prevention of Corruption Act 2002
  • Securities Act 2005
  • Financial Services Act 2007
  • Securities (Collective Investment
  • Schemes and Closed-end Funds)
  • Regulations 2008 Limited Partnership Act 2011
  • Limited Liability Partnership Act 2016
  • Variable Capital Companies Act 2022

TAXATION OF FUNDS

  • 80% of the foreign-source income derived by a collective investment scheme (CIS), Closed-end fund (CEF), CIS Manager or CIS Administrator will be exempted from income tax.
  • Funds set up in Mauritius enjoy a low tax regime and have access to an extensive network of 45 double taxation treaties (DTAAs);
  • No capital gains tax and no withholding tax on dividends and interest in Mauritius. There are also no exchange controls in force and funds can be repatriated freely;

THE RISKS OF SEMI-NOMADIC LIFESTYLES & CESSATION OF TAX RESIDENCE

MAURITIUS NORTH
Grand Baie

Suite 005
Grand Baie Business Park
Grand Baie, Mauritius
30515

Tel: +230 260 1738

MAURITIUS SOUTH
Black River

La Balise Business Park – Office
Block B, A3 Royal Road
Grande Rivière Noire , Mauritius
90601

Tel: +230 484 2175

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