A guideline issued by the Office of the CfR clarifies that, for the purposes of article 42(1)(b) and article 47 of the Duty on Documents and Transfers Act, the term “company” shall include a partnership. Furthermore, references to the transfer, acquisition or disposals of marketable...

On 11 July 2019, the Office of the CfR published updated guidelines on the Notional Interest Deduction rule. The updated guidelines include a new paragraph ‘xi’ which is applicable from YA2020: “(xi) Accounting Periods other than 12 Months To further approximate the neutrality between debt...

The European Union Tax Dispute Resolution Mechanisms Regulations, 2019 came into effect on 1 July 2019 (LN 159 of 2019 published on 12 July 2019). The rules, which implement the provisions of Council Directive (EU) 2017/1852, regulate the  mechanism for resolving disputes between Malta and...

LN 155 of 2019 introduced a new provision to part 4 of the Fifth Schedule to the VAT Act (CAP 406) which deals with exempt imports. With effect from 9 July 2019, the importation of goods, the total value of which does not exceed €430 per person,...

On 14 June 2019, the MIT had the honour of hosting Mr. John Petersen, Head of Aggressive Tax Planning – OECD, who delivered the MIT Master Class on Transposing ATAD II Anti-hybrid Rules. Mr. Petersen is responsible for Working Party 11 which produced the BEPS...

The Office of the Commissioner for Revenue has issued guidelines on the Mutual Agreement Procedure (MAP) which may be invoked with a view to resolving an international tax dispute, pursuant to the MAP provision in a Double Taxation Agreement or the EU Arbitration Convention (90/463/EEC)....

L.N. 116 of 2016, published on 6 June 2019, amending SL 406.13, introduced a revised definition of “non-resident traveller”, which now reads: “a traveller whose domicile or habitual residence is not situated within the Community” (removing the under-6-month threshold contained in the previous definition). Furthermore, the €100...

The Consolidated Group (Income Tax) Rules, 2019 (LN 110 of 2019), were published on 31 May 2019. The rules, which enable a parent company and a 95% subsidiary to form a fiscal unit, come into force with effect from YA 2020 in relation to fiscal units...

In virtue of L.N. 91 of 2019, the Double Tax Treaty between Malta and the Principality of Monaco, as published as a Schedule to Legal Notice 70 of 2019 entered into force on 16 May 2019.