ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. (act_2004_2) | MT

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Preamble — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

I assent.

(L.S.)

G UIDO DE M ARCO

President

2nd April, 2004

ACT No. II of 2004

AN ACT to implement various budget measures and other

administrative measures.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 1 Short title. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

The short title of this Act is the Budget Measures

Implementation Act, 2004.

PART I

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Second Schedule — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

ALCOHOL AND ALCOHOLIC BEVERAGES

Description of excise goods

Rate of Excise Duty

BEER

Lm 0.32 per hectolitre

per degree Plato

If produced by small and independent breweries with an

annual production not exceeding 200,000 hectolitres of

Lm 0.16 per hectolitre

beer.

per degree Plato

Products containing a mixture of beer with non-alcoholic

Lm 0.08 per hectolitre

drinks.

per degree Plato

The term 'beer' covers any product falling within Customs

Tariff Heading No. 2203 or any product containing a

mixture of beer with non-alcoholic drinks falling within

Customs Tariff Heading No. 2206, in either case with an

actual alcoholic strength by volume exceeding 0.5% vol.

WINE

1. The term 'still wine' covers all products falling within

Customs Tariff Heading Nos. 2204 and 2205, except

sparkling wine as defined in paragraph 2 below

-

which have an actual alcoholic strength by

volume exceeding 1.2% vol., but not exceed-

ing 15% vol., provided that the alcohol con-

tained in the finished product is entirely of

fermented origin, or

-

which have an actual alcoholic strength by

volume exceeding 15% vol., and not

exceeding 18% vol., provided they have been

produced without any enrichment and that the

alcohol contained in the finished product is

entirely of fermented origin.

2. The term 'sparkling wine' covers all products falling

within Customs Tariff Heading Nos. 2204.10,

2204.21.10, 2204.29.10 and 2205 and which

-

are contained in bottles with 'mushroom

stoppers' held in place by ties or fastenings, or

they have an excess pressure due to carbon

dioxide in solution of three bar or more,

-

have an actual alcoholic strength by volume

exceeding 1.2% vol., but not exceeding 15%

vol., provided that the alcohol contained in the

finished product is entirely of fermented

origin.

FERMENTED BEVERAGES

1. The term 'still fermented beverages' covers all prod-

ucts falling within Customs Tariff Heading Nos.

2204 and 2205 but not falling under Wine above, and

products falling within Customs Tariff Heading No.

2206, except other sparkling fermented beverages as

defined in paragraph 2 below and any product cov-

ered under Beer above

-

having an actual alcoholic strength by volume

exceeding 1.2% vol., but not exceeding 10%

vol.,

-

having an actual alcoholic strength by volume

exceeding 10% but not exceeding 15% vol.,

provided that the alcohol contained in the

product is entirely of fermented origin.

2. The term 'sparkling fermented beverages' covers all

products falling within Customs Tariff Heading No.

2206 00 30 as well as products falling within

Customs Tariff Heading Nos. 2204.10, 2204.21.10,

2204.29.10 and 2205 not mentioned under 'Wine'

above which

-

are contained in bottles with 'mushroom

stoppers' held in place by ties or fastenings, or

they have an excess pressure due to carbon

dioxide in solution of three bar or more,

-

have an actual alcoholic strength by volume

exceeding 1.2% vol., but not exceeding 13%

vol.,

-

have an actual alcoholic strength by volume

exceeding 13%, but not exceeding 15% vol.,

provided that the alcohol contained in the

product is entirely of fermented origin.

INTERMEDIATE PRODUCTS

Lm 20.00 per hectolitre

The term 'intermediate products' covers all products of an

actual alcoholic strength by volume exceeding 1.2% vol.,

but not exceeding 22% vol., and falling within Customs

Tariff Heading Nos. 2204, 2205 and 2206 but not men-

tioned under Beer or Wine or Fermented Beverages above.

NOTE: Still fermented beverages falling within the scope

of paragraph 1 under Fermented Beverages which

have an actual alcoholic strength exceeding 5.5%

vol., and which are not entirely of fermented ori-

gin, and any sparkling fermented beverages fall-

ing within the scope of paragraph 2 under

Fermented Beverages which have an actual alco-

holic strength exceeding 8.5% vol., and which are

not entirely of fermented origin are to be treated

as Intermediate Products.

ETHYL ALCOHOL

10c0 per % vol. per litre

The term 'ethyl alcohol' covers

-

all products with an actual alcoholic strength

by volume exceeding 1.2% volume which fall

within Customs Tariff Heading Nos. 2207 and

2208, even when those products form part of a

product which falls within another chapter of

the Customs Tariff,

-

products of Customs Tariff Heading Nos.

2204, 2205 and 2206 which have an actual

alcoholic strength by volume exceeding 22%

vol.,

-

potable spirits containing products, whether in

solution or not.

EXEMPTIONS

The products described in this Schedule are exempt from

the payment of excise duty under such conditions which

the Minister may prescribe for the purpose of ensuring the

correct and straightforward application of such

exemptions and of preventing any evasion, avoidance or

abuse

1. a.

when distributed in the form of alcohol which

has been completely denatured to the satisfaction

of the Comptroller of Customs;

b.

when both denatured to the satisfaction of the

Comptroller of Customs and used for the

manufacture of any product not for human

consumption;

c.

when used for the production of vinegar falling

within Customs Tariff Heading No. 2209;

d.

when used for the production of medicines;

e.

when used for the production of flavours for the

preparation of foodstuffs and non-alcoholic

beverages with an alcohol strength not exceeding

1.2% vol.;

f.

when used directly or as a constituent of semi-

finished products for the production of food-

stuffs, filled or otherwise, provided that in each

case the alcoholic content does not exceed 8.5

litres of pure alcohol per 100 kg of the product

for chocolates, and 5 litres of pure alcohol per

100 kg of the product for other products.

2. a.

as samples for analysis, for necessary production

tests, or for scientific purposes;

b.

for scientific research;

c.

for medical

purposes

in

hospitals

and

pharmacies;

d.

in a manufacturing process provided that the

final product does not contain alcohol;

e.

in the manufacture of a component product

which is not subject to excise duty.

DENATURANTS approved by the Comptroller of

Customs

1. In the manufacture of Mineralised Methylated Spirit

the denaturant should be composed of

Base

-

90% vol. ethanol

-

9.5% vol. wood naptha, and

-

0.5% vol. crude pyridine

To each 1,000 litres of which is added

-

3.75 litres of mineral naptha (petroleum oil)

and

-

1.50 ppm of methyl violet.

2. In the manufacture of Industrial Methylated Spirit

the denaturant should be composed of

Base

-

90% vol. ethanol

-

10% vol. wood naptha

To each 1,000 litres of which is added

-

0.5% vol. crude pyridine

3. In the manufacture of other denaturant spirits the

denaturant should be composed of

(i) when

for

industrial

use

(excluding

pharmaceutical industry)

10 ppm denatonium benzoate irrespective of

the alcoholic strength of the alcohol to be

denatured

(ii) when for surgical or pharmaceutical use

Either

-

90% vol ethanol

-

10% vol isopropyl alcohol

(This type of denatured alcohol is normally used

in pharmaceutical industrial plants)

or

-

95% vol ethanol

-

5% vol wood naphta

To each 100 litres of which is added

-

0.5% vol methyl salicylate

-

2.0% vol diethyl phthalate

-

2.5% castor oil

(This type of denatured alcohol is commercially

referred to as Surgical Spirit)

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 2 Coming into force of this Part. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

The provisions of this Part shall be deemed to have come

into force on the 1 st January, 2004.

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Third Schedule — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

MANUFACTURED TOBACCO

Description of excise goods

Rate of Excise Duty

Cigarettes

53.1% of the retail price

plus Lm 5.40 per 1000

cigarettes but not less than

Lm 41.243 per 1000

cigarettes

1. a. The following shall be deemed to be cigarettes

i.

rolls of tobacco capable of being smoked as they

are and which are not cigars or cigarillos within

the definition of cigars or cigarillos below;

ii. rolls of tobacco which, by simple non-industrial

handling, are inserted into cigarette-paper tubes;

iii. rolls of tobacco which, by simple non-industrial

handling, are wrapped in cigarette paper;

b. a roll of tobacco referred to in indent i. shall, for

excise duty purposes, be considered as many cig-

arettes as results when dividing the length in cen-

timetres of the roll (excluding filter or mouth

piece) by nine, any remainder above a whole unit

counting as one.

Products consisting in whole or in part of substances

other than tobacco but otherwise conforming to the

criteria set out in indents a. (i) to (iii) above shall be

treated as cigarettes and the provisions of b. shall

apply thereto.

2. For the purpose of the ad valorem duty, the retail

manufacturer for the retail sale of the cigarettes;

where no such price has been recommended, the

retail price at which cigarettes of that description are

normally sold by retail is used.

Cigars and Cigarillos

Lm 6.00 per 1000 units

The following shall be deemed to be cigars or cigarillos if

they can be smoked as they are

i.

rolls of tobacco made entirely of natural tobacco;

ii. rolls of tobacco with an outer wrapper of natural

tobacco;

iii. rolls of tobacco with a threshed blend filler and

with an outer wrapper of the normal colour of a

cigar covering the product in full, including

where appropriate the filter but not, in the case of

tipped cigars, the tip, and a binder, both being of

reconstituted tobacco, where the unit weight, not

including the filter or mouth-piece, is not less

than 1,2 g and where the wrapper is fitted in

spiral form with an acute angle of at least 30° to

the longitudinal axis of the cigar;

iv. rolls of tobacco with a threshed blend filler and

with an outer wrapper of the normal colour of a

cigar, of reconstituted tobacco, covering the

product in full, including where appropriate the

filter but not, in the case of tipped cigars, the tip,

where the unit weight, not including filter or

mouth-piece, is not less than 2.3 g and the

circumference over at least one third of the length

is not less than 34 mm.

Products consisting in part of substances other than

tobacco but otherwise conforming to the criteria set out in

indents (i) to (iv) shall be treated as cigars and cigarillos

provided they have respectively

-

a wrapper of natural tobacco, or

-

a wrapper and binder of tobacco, both of

reconstituted tobacco, or

-

a wrapper of reconstituted tobacco.

Hand-rolling Tobacco

Lm 26.70 per kg.

Other Smoking Tobacco

Lm 8.60 per kg.

The following shall be deemed to be smoking tobacco

i.

tobacco which has been cut or otherwise split,

twisted or pressed into blocks and is capable of

being smoked without further industrial

processing;

ii. tobacco refuse put up for retail sale which does

not fall under Cigarettes or Cigars and Cigarillos

above and which can be smoked.

Smoking tobacco as defined above in which more than

25% by weight of the tobacco particles have a cut width of

less than 1mm shall be deemed to be fine-cut tobacco for

the rolling of cigarettes.

Smoking tobacco in which more than 25% by weight of

the tobacco particles have a cut width of more than 1mm

and which was sold or intended to be sold for the rolling of

cigarettes may also be deemed to be fine-cut tobacco for

the rolling of cigarettes.

Products consisting in whole or in part of substances other

than tobacco but otherwise conforming to the criteria set

out in indents (i) and (ii) above shall be treated as smoking

tobacco.

Chewing Tobacco and Snuff

Lm 11.60 per Kg

EXEMPTIONS

Products containing no tobacco and used exclusively for

medical purposes shall not be treated as manufactured

tobacco

Manufactured tobacco denatured to the satisfaction of the

Comptroller of Customs and used for industrial or

horticultural purposes.

Manufactured tobacco which

is

destroyed

under

administrative supervision.

Manufactured tobacco which is solely intended for

scientific tests and for tests connected with product

quality.

Manufactured tobacco which is reworked by the producer.

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 3 Interpretation. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

For the purpose of this Part, "revenue" has the same

meaning as is assigned to it in article 2 of the Financial

Administration and Audit Act, but does not include proceeds from

loans.

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Fourth Schedule — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

ENERGY PRODUCTS

Description of excise goods

Rate of Excise Duty

Leaded petrol falling within Customs Tariff Heading

Nos. 2710.11.31, 2710.11.51 and 2710.11.59.

Lm 154 per 1000 litres

Unleaded petrol falling within Customs Tariff Heading

Nos. 2710.11.41, 2710.11.45 and 2710.11.49.

Lm 133 per 1000 litres

Gas oil falling within Customs Tariff Heading Nos.

2710.19.41 to 2710.19.49.

Lm 105.40 per 1000 litres

If used in the following maritime commercial activities: Lm 61 per 1000 litres

- Bunkering operations

- Conveyance of passengers and goods between shore

and ocean-going vessels

- Dredging operations

- Harbour Cruises

- Inland Navigation between Malta and Gozo

- Sea farming activities

- Tugging activities

If used for electric power generation

If used for fishing purposes as laid down by Depart-

ment of Fisheries

If used by private pleasure seacraft for outbound voy-

ages

Heavy fuel oil falling within Customs Tariff Heading Nos.

2710.19.61 to 2710.19.69.

Lm 6 per 1000 Kgs

If used for electric power generation

Liquid petroleum gas falling within Customs Tariff

Heading Nos. 2711.12.11 to 2711.19.00.

Lm 15 per 1000 Kgs

Methane falling within Customs Tariff Heading No.

2711.29.00.10.

Lm 15 per 1000 Kgs

Kerosene falling within Customs Tariff Heading Nos.

2710.19.21 and 2710.19.25.

Lm 105.40 per 1000 litres

Lm 31 per 1000 litres

If used for air navigation between Malta and Gozo

If used for heating purposes

If used by private pleasure aircraft for outbound voy-

ages

The term 'energy products' shall cover

(a) products falling within Customs Tariff Heading

Nos. 1507 to 1518, if these are intended for use

as heating fuel or motor fuel;

(b) products falling within Customs Tariff Heading

Nos. 2701, 2702 and 2704 to 2715;

(c) products falling within Customs Tariff Heading

Nos. 2901 and 2902;

(d) products falling within Customs Tariff Heading

No. 2905.11.00, which are not of synthetic ori-

gin, if these are intended for use as heating fuel

or motor fuel;

(e) products falling within Customs Tariff Heading

No. 3403;

(f) products falling within Customs Tariff Heading

No. 3811;

(g) products falling within Customs Tariff Heading

No. 3817;

(h) products falling within Customs Tariff Heading

No. 3824.90.99 if these are intended for use as

heating fuel or motor fuel.

Energy products other than those for which a level of duty

is specified above shall be subject to excise duty if

intended for use, offered for sale or used as motor fuel.

The rate of duty to be charged shall be fixed at the rate for

the equivalent motor fuel.

In addition to the taxable products listed above, any

product intended for use, offered for sale or used as motor

fuel, or as additive or extender in motor fuels, shall be

taxed as motor fuel.

In addition to the taxable products listed above, any

hydrocarbon, except for peat, intended for use, offered for

sale or used for heating purposes, shall be taxed as motor

fuel.

EXEMPTIONS

Energy products used for purposes other than as motor

fuels or as heating fuels are exempt from the payment of

excise duty under such conditions which the Minister may

prescribe for the purpose of ensuring the correct and

straightforward application of such exemptions and of

preventing any evasion, avoidance or abuse.".

PART IX

58. (1) This Part amends the Companies Act and shall be

read and construed as one with the Companies Act hereinafter in this

Part referred to as "the principal Act".

(2) The provisions of this Part have come into force on the

24th November, 2003 with respect to all amalgamations of

commercial partnerships and divisions of companies occurring on or

after that date

Provided that the said provisions shall not apply to

amalgamations and divisions, the draft terms of which were

forwarded to the Registrar of Companies for registration in terms of

the Companies Act, on or prior to the 24th November, 2003 and the

Registrar has published the relevant statement in the Government

Gazzette in terms of the provisions of the Companies Act on or prior

to the 31st December, 2003.

59. Subarticle (4) of article 342 of the principal Act, and the

proviso to the said subarticle, shall be deleted.

60. Subarticle (3) of article 354 of the principal Act, and the

proviso to the said subarticle, shall be deleted.

61. Article 371 of the principal Act shall be amended as

follows

(a)

subarticle (3) thereof, and the proviso to the said

subarticle, shall be deleted; and

(b) the present subarticles (4) and (5) shall be

respectively renumbered as subarticles (3) and (4).

62. The third proviso to subarticle (1) of article 357 of the

principal Act shall be deleted.

63. In subarticle (1) of article 374 of the principal Act, for the

words "to be divided:" there shall be substituted the words "to be

divided.", and the proviso to the said subarticle shall be deleted.

64. In subarticle (1) of article 374A of the principal Act, for

the words "or more new companies:" there shall be substituted the

words "or more new companies.", and the proviso to the said

subarticle shall be deleted.

PART X

65. (1) This Part amends the Value Added Tax Act and shall Amendment of

be read and construed as one with the Value Added Tax Act the

hereinafter in this Part referred to as "the principal Act".

(2) The provisions of this Part shall be deemed to have come

into force on the 1 st day of January, 2004.

66. In paragraphs (a) and (b) of article 19 of the principal Act, Amendment of

for the words "at the rate of fifteen per cent" there shall be substituted article

the words "at the rate of eighteen per cent".

67. For article 89 of the principal Act, there shall be Substitution of

substituted the following

89. (1) Where, in the execution of a contract

made before the effective date, any goods or services

are supplied on or after the effective date and that

supply is a taxable supply, that contract shall, for all

the purposes of any law be interpreted as if the

parties to that contract had agreed to a change in the

consideration stipulated therein to reflect the

difference, if any, between the system under the

Customs and Excise Tax Act and that applicable

under this Act.

(2) Where, in the execution of a contract

made before the 1 st January, 2004, any goods or

services are supplied on or after the 1 st January,

2004, and that supply is a taxable supply, that

contract shall, for all the purposes of any law be

interpreted as if the parties to that contract had

agreed to a change in the consideration stipulated

therein to reflect the difference between the rate of

tax at fifteen per cent applicable until the 31 st

December, 2003, and the rate of eighteen per cent

applicable after that date.

(3) Subarticle (2), with the application where

necessary also of subarticle (1) and of articles 85 and

88, shall apply in the interpretation of contracts made

between the 1 st January 1995 and the 30 th June 1997

and between the 1 st July 1997 and the 31 st December

1998 where the supply is made on or after the 1 st

January 2004.

(4) Subarticles (1), (2) and (3) shall not

apply -

(a)

where it results from all the relevant

circumstances

that

the

consideration

determined in accordance with the contract had

already made provision for the said adjustment

or that the parties had excluded any adjustment

to the consideration on account of such

difference;

(b) where or to the extent that the

supply was, in terms of the said contract due to

take place before the effective date or the 1 st

January 2004, as the case may be, and the delay

was due to a fault on the part of the person who

makes the supply.".

PART XI

68. (1) This Part amends the Accountancy Profession

(Amendment) Act, 2003, and it shall be read and construed as one

with the said Accountancy Profession (Amendment) Act, 2003,

hereinafter in this Part referred to as "the principal Act".

(2) The provisions of this Part shall come into force on such

date as the Minister responsible for finance may establish by notice in

the Gazette.

69. In article 6 of the principal Act, in subarticle (4) in

paragraph (d) thereof, for the words "chairman of the Board." there

shall be substituted the words "chairman of the Disciplinary

Committee.".

Passed by the House of Representatives at Sitting No. 114 of the

29th March, 2004.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 4 Authority to raise loan. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

(1) Subject to the provisions of this Act, the

Government of Malta may raise in Malta, by way of loan, a sum of

money not exceeding one hundred million Maltese liri.

(2) For the purpose of raising the aforesaid loan the Minister

responsible for finance is hereby authorised to issue stock in Malta

under the provisions of the Local Loans (Registered Stock and

Securities) Ordinance on such terms and conditions as the said

Minister may approve.

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 5 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

Any money borrowed under the authority of this Part shall Purpose.

be appropriated and applied for the purpose of meeting excess

expenditure over revenue incurred in the Consolidated Fund during

the year 2003 and that projected to be incurred during the year 2004

or during subsequent years.

PART II

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 6 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

(1) This Part amends the Income Tax Act and shall be Amendment of

read and construed as one with the Income Tax Act, hereinafter in this the

Act.

Part referred to as "the principal Act".

(2) (a)

The provisions of article 7 shall be deemed to have

come into force as from the year of assessment 2000.

(b) The provisions of paragraphs (a), (c), (d) and (e) of

article 8 shall be deemed to have come into force on the 25th

November, 2003.

(c)

The provisions of paragraphs (b) and (c) of article 9

and article 14 shall come into force on the 1st January, 2004 and shall

apply with respect to any year of assessment commencing on or after

1st January, 2005.

(d) The provisions of articles 13 and 15 shall come into

force on such date as the Minister responsible for finance may by

notice in the Gazette establish and different dates may be so

established for different provisions and different purposes thereof.

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 7 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

Immediately after paragraph (c) of subarticle (1) of article Amendment of

article 4 of the

4 of the principal Act, there shall be added the following proviso

principal Act.

"Provided that, notwithstanding any other provision of this

Act, such income of a company from an offshore banking

subsidiary company shall constitute income chargeable to tax

under paragraph (a) of this subarticle and the provisions of

subarticle (6) of article 56 of this Act shall apply to such

income.".

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 8 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

Article 5 of the principal Act shall be amended as follows

Amendment of

article 5 of the

principal Act.

(a)

subarticle (5) thereof shall be amended as follows

(i) in paragraph (g) thereof for the words "fifty

years or less; and" there shall be substituted the words

"fifty years or less."; and

(ii)

paragraph (h) thereof shall be deleted;

(b) for paragraph (b) of subarticle (6) thereof, there

shall be substituted the following

"(b) transfer of shares in a company listed on a

stock exchange recognised under the Financial Markets

Act, not being securities in a collective investment

scheme;";

(c)

subarticle (9) shall be amended as follows

(i) the present provisions thereof shall be

renumbered as paragraph (i);

(ii) immediately after paragraph (i) thereof, as re-

numbered, there shall be added the following new

paragraph

"(ii) Where an asset falling under the

circumstances referred to in paragraph (i) hereof is

in the form of immovable property which is

transferred by a company to another company that

falls within the provisions of sub-paragraphs (a) and

(b) of the said paragraph, or where the said

immovable property is subsequently transferred to

another company which does not fall within the said

provisions, or to another person, as the case may be,

the notary publishing the relative deed of transfer

shall attach to the said deed a notice made in such

manner and containing such details as may be

prescribed by the Minister.";

(d)

in subarticle (14) thereof

(i) for the words "mergers, demergers,

amalgamation" there shall be substituted the words

"mergers, demergers, divisions, amalgamations" and for

the words "shall be deemed to be the cost of acquisition of

the original shares." there shall be substituted the words

"shall be deemed to be the cost of acquisition of the

original shares:";

(ii) immediately after subarticle (14) there shall

be added the following proviso

"Provided that the provisions of this

subarticle shall only apply in such manner and in

such circumstances as may be prescribed by the

Minister

Provided further that the first proviso hereof

shall not apply to divisions and mergers where the

draft terms of the said divisions and mergers had

been forwarded to the Registrar of Companies for

registration in terms of the provisions of the

Companies Act on or prior to the 24th November,

2003 and the Registrar had published the relevant

statement in the Government Gazette in terms of the

said Act on or prior to the 31st December, 2003,

provided that a copy of the relative publication is

attached to the relative deed."; and

(e)

immediately after subarticle (16) thereof, there shall

be added the following new subarticle

"(17) The Minister may make rules making

provision for the purpose of removing the effect of any

scheme made for the purpose of avoiding, reducing or

postponing any tax due under this article, and in addition

the Minister may make rules providing that any transfer of

any right referred to in subarticle (1) hereof shall only be

valid if it is made by agreement in writing and if payment

of such portion of the provisional tax on the capital gains

due thereon is made as may be prescribed and if the said

agreement is registered in such manner as may be

prescribed with such authority as may be prescribed.".

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 9 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

Subarticle (1) of article 12 of the principal Act shall be Amendment of

article 12 of the

amended as follows

principal Act.

(a)

in sub-paragraph (i) of paragraph (c) thereof, for the

words "any interest or royalties" there shall be substituted the

words "any interest, discount, premium or royalties", and in the

proviso thereto for the words "the interest is paid" there shall be

substituted the words "the interest, discount or premium, is

paid";

(b) immediately after paragraph (q) thereof, there shall

be inserted the following new paragraph

"(r) such subsidy as may be prescribed related to

the Common Agricultural Policy or to any other similar

scheme introduced in accordance with international or

supra-national agreements;"; and

(c)

for paragraph (s) thereof, there shall be substituted

the following

"(s) the income of a collective investment scheme

other than income from immovable property situated in

Malta and investment income to which article 41A(a)

refers;".

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 10 Amendment of article 15 of the follows: principal Act. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

Article 15 of the principal Act shall be amended as

(a)

in subarticle (1) thereof

(i) for the words "shall mean a company which

holds an investment services licence" there shall be

substituted the words "shall mean a company which on the

1st October, 2003 held an investment services licence";

(ii) for the words "or a company recognised by

the relevant competent authority" there shall be substituted

the words "or a company which, on the 1st October, 2003

was recognised by the relevant competent authority"; and

(b) in subarticle (2) thereof, for the words "the total

income of an investment services company, the amounts

specified" there shall be substituted the words "the total income

of an investment services company for any year up to the year

immediately preceding the year of assessment commencing on

such date that the Minister may by notice in the Gazette appoint,

the amounts specified".

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 11 Amendment of article 15A of the principal Act. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

In article 15A of the principal Act, for the words "to

companies authorised to act as insurance managers" there shall be

substituted the words "to companies which, on the 1st October, 2003

were authorised to act as insurance managers".

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 12 Amendment of article 41 of the principal Act. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

Paragraph (a) of article 41 of the principal Act shall be

amended as follows

(a)

for sub-paragraph (iv) thereof, there shall be

substituted the following

"(iv) interest, discounts or premiums payable in

respect of

(1) a public issue by a company, entity or

other legal person howsoever constituted and

whether resident in Malta or otherwise; and

(2) a private issue by a company, entity or

other legal person howsoever constituted and

resident in Malta paid to a collective investment

scheme;"; and

(b) immediately following item (2) of sub-paragraph (v)

thereof there shall be added the following new item

"(3) capital gains arising on the redemption,

liquidation or cancellation of securities not referred to in

items (1) and (2) hereof and not being shares in a

company;".

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 13 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

Immediately after article 52A of the principal Act, there Addition of

shall be inserted the following new article

52B. (1) The Minister responsible for Finance

may by regulations under this article make provision

implementing and giving effect to any Directive of

the European Union (hereinafter in this article

referred to as "E.U. Directive") relating to any matter

which affects the operation of the Income Tax Acts

or to enable the better operation of any regulation of

the European Union (hereinafter in this article

referred to as "E.U. Regulations") and may by such

regulations provide anything that may be required to

be provided for by such E.U. Directive or E.U.

Regulation.

(2) Any regulations made under this article

shall make reference to the relevant E.U. Directive or

E.U. Regulation and shall have effect if in

conformity therewith notwithstanding anything to

the contrary contained in the Income Tax Acts or any

other enactment relating to this matter.".

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 14 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

For article 67A of the principal Act there shall be Substitution of

substituted the following new article

67A. (1) Notwithstanding the provisions

contained in the definition of "foreign income

account" in article 2 of this Act, in the case of a

collective investment scheme

(a)

no profits shall be allocated to the

foreign income account; and

(b) profits resulting from dividends

distributed out of the foreign income account of

another company shall be allocated to the

Maltese taxed account.

(2) Where a collective investment scheme,

which is not constituted as a company, distributes

profits to persons resident in Malta, there shall be

deducted tax as if, for the purposes of this article,

such a collective investment scheme is constituted as

a company. In this respect tax shall be deducted from

every distribution of profits which, had the collective

investment scheme been constituted as a company,

would have been allocated to the untaxed account

Provided that the provisions of this subarticle

shall not apply in respect of such payments to

persons who are exempt from tax.

(3) Every amount deducted under subarticle

(2) of this article shall be a debt due from such

collective investment scheme to the Commissioner

payable not later than the fourteenth day following

the end of the month in which the distribution was

made and shall be so recoverable.

(4) Articles 63 to 65 of this Act shall apply

mutatis mutandis in the circumstances set out in

subarticle (2) of this article as they apply to

distributions from the untaxed account. References

in those articles to article 62 shall be construed as

references to subarticle (2) of this article, and

references to dividend or untaxed dividend shall,

where the context so requires, be construed as a

reference to profits distributed by a collective

investment scheme.

(5) For the purposes of this article a person

resident in Malta shall include a non-resident person

(including a non-resident company which may be

owned and controlled directly or indirectly) and

which person or company acts on behalf of a person

who is ordinarily resident and domiciled in Malta.".

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 15 Amendment of article 76 of the principal Act. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

In subarticle (1) of article 76 of the principal Act, for the

words "notwithstanding anything in any enactment:" there shall be

substituteded the words "notwithstanding anything in this or any

other enactment:".

PART III

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 16 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

(1) This Part amends and shall be read as one with the Amendment of

Social Security Act, hereinafter in this Part referred to as "the the

Security Act.

principal Act".

(2) The provisions of article 17 shall be deemed to have come

into force on the 4th January, 1992.

(3) The provisions of article 18 shall be deemed to have come

into force on the 5 th January, 2004.

(4) The other provisions of this Part shall be deemed to have

come into force on the 3 rd January, 2004.

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 17 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

The definition "Service Pension" in subarticle (1) of article Amendment of

article 2 of the

2 of the principal Act shall be amended as follows

principal Act.

(a)

paragraphs (ii) and (iii) thereof shall be renumbered

as paragraphs (iii) and (iv) thereof;

(b) immediately after paragraph (i) thereof there shall

be inserted the following new paragraph (ii)

"(ii) with effect from the 4th January, 1992, where

a person is in receipt of two or more Service Pensions, only

the higher or highest, as the case may be, of such Service

Pensions shall be deemed to be a Service Pension for the

purpose of assessing, revising or re-assessing a pension in

respect of retirement or invalidity under this Act; so

however that, and solely for the purpose of assessing,

revising or re-assessing a Retirement Pension in

accordance with article 44 and paragraph (i) of subarticle

(1) of article 47 of this Act, where a person who is in

receipt of two or more such Service Pensions one of which

is payable by or on behalf of the United Kingdom

Government, the Director shall have the right to elect, on

behalf of the person, which of such Service Pensions as

aforesaid is to be deemed to be the Service Pension for this

latter purpose. So however that the right to such election

shall be exercised only once

Provided that, with effect from the 4th January

1992, and solely for the purpose referred to in the

foregoing paragraph of this definition, where a Service

Pension as aforesaid in this definition has been -

(a)

commuted

in

part

only

and

the

pensioner has reached his 72nd birthday, 50% of the

commuted part only of such Service Pension shall

be taken into account, and

(b) commuted in whole, only 50% of such

Service Pension shall be taken into account, so

however that with effect from the 4th October,

1997, where such Service Pension has been

commuted in whole, it shall no longer be taken into

account for the purposes of this Act."; and

(c)

the provisos to paragraph (iv) thereof as renumbered

shall be deleted.

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 18 Amendment of article 15 of the deleted. principal Act. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

Subarticle (2) of article 15 of the principal Act shall be

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 19 Amendment of article 20 of the principal Act. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

For subarticle (3) of article 20 of the principal Act there

shall be substituted the following

"(3) The right of any member in respect of whom

Sickness Assistance is payable shall be extinguished

(i) from the first day of admission to a State

Financed Residential service, wherein the resident is being

provided with level 2 care as specified by the Minister by

notice in the Gazette; and

(ii) from the first day following the day on which,

notwithstanding the fact that he has been medically

discharged from such an institution as specified by the

Minister in the Gazette, he becomes a resident of any other

state financed institution.".

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 20 Amendment of article 27 of the deleted. principal Act. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

Subarticle (4) of article 27 of the principal Act shall be

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 21 Amendment of article 30 of the follows: principal Act. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

Article 30 of the principal Act shall be amended as

(a)

for paragraph (ii) of the proviso to paragraph (b) of

subarticle (6) thereof, there shall be substituted the following

new paragraph (ii)

"(ii) a head of household in receipt of Social

Assistance in accordance with the provisions of this article,

who is engaged as a trainee by the Corporation established

under the Employment and Training Services Act on a Cap. 343.

rehabilitation programme for ex-substance abusers shall, in

addition to the allowance paid by the Corporation during

the programme of training, be entitled to receive such rate

of Social Assistance so as to ensure that the total amount

received does not exceed the National Minimum Wage as

is applicable to a person of eighteen years of age or over in

accordance with a National Order issued under the

Employment and Industrial Relations Act";

(b)

subarticle (10) thereof shall be deleted; and

(c)

immediately after subarticle (11) thereof, there shall

be added the following new proviso

"Provided that notwithstanding that the person in

respect of whom Social Assistance has been paid by the

Director may have in a contract of personal separation

renounced to the right to maintenance from his or her

spouse, the Director may still claim refund under this

subarticle from the spouse of the person to whom Social

Assistance has been paid, and such spouse shall be liable to

refund such Social Assistance to the full extent as if such

renunciation had not taken place, unless it is proved to the

satisfaction of the Director that the party to whom Social

Assistance has been paid has been guilty of adultery or has

abandoned the other spouse as provided in articles 38 and

41 of the Civil Code.".

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 22 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

For article 42 of the principal Act and the marginal note Substitution of

article 42 of the

thereof there shall be substituted the following

principal Act.

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 42 Financed Residential Service. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

A widow who receives any pension or

"Widow in State

benefit under this Part of this Act and who is a

resident of a State Financed Residential Service as

provided under article 93, shall have such pension or

benefit apportioned in the manner provided under

that article.".

23. For article 65 and the marginal note thereof of the principal Amendment of

article 65 of the

principal Act.

Act there shall be substituted the following

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 65 "Pensioners in State Financed Residential Service. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

A pensioner who receives any pension

under this Part of the Act and who or whose spouse,

as the case may be, becomes a resident of a State

Financed Residential Service as provided under

article 93 of this Act, shall have such pension

apportioned in the manner provided under that

article.".

24. Subarticle (3) of article 66 of the principal Act shall be

25. In article 90B of the principal Act, the words "and any

allowance paid in lieu of a pension in terms of subarticle (4) of article

27," up to the words "in terms of subarticle (3) of article 66," shall be

26. For article 93 of the principal Act there shall be substituted

the following

Malta Government Gazette — Act 2004 2 — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Art. 93 "Residents of State Financed Residential Service. — ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures. Open official source

(1) Subject to the provisions of this

Act, where during any period a person is receiving a

State Financed Residential Service, such person shall

pay to the Government such contribution as may be

prescribed under subarticle (2) of this article. The

Director shall calculate the contribution payable by

such resident in terms of the provisions of this

article.

(2) The Minister may, with the concurrence of

the Minister responsible for finance, make

regulations providing for the calculation of the

contribution due by residents of State Financed

Residential Services as are specified by the same

regulations.

(3) Any contributions due in terms of the

foregoing provisions of this article shall be deducted

from any benefit, pension, bonus, assistance or

allowance payable under this Act.

(4) Notwithstanding the provisions of this

article, where a resident of a State Financed

Residential Service is a married person whose spouse

is not such a resident, and is not in receipt of a

benefit, pension, bonus, assistance or allowance

payable under this Act in the spouse’s own right,

60% of the rate of benefit, pension, bonus, assistance

or allowance which would have otherwise been

payable to such resident shall be payable to the

spouse who is not a resident.".

27. Article 94 of the principal Act shall be deleted.

Deletion of

article 94 of the

principal Act.

28. In subarticle (2) of article 95 of the principal Act, for the Amendment of

words "to the Welfare Committee established by article 130 of this article

principal Act.

Act," there shall be substituted the words, "to Government.".

29. Article 97 of the principal Act shall be amended as Amendment of

article 97 of the

follows

principal Act.

(a)

in subarticle (1) thereof, immediately after the word

"allowance" wherever it appears, there shall be inserted the

words "injury grant"; and

(b) in sub-paragraph (a) of subarticle (2) thereof, for the

words "first day of incapacity for work;" there shall be

substituted the words "first day of incapacity for work, and in

the case of an injury grant/injury pension that may be payable as

a consequence of the after effects of an injury, within a month of

the diagnosis of such after effects;".

30. The proviso to subarticle (1) of article 101 of the principal Amendment of

article 101 of

Act shall be amended as follows

the principal

Act.

(a)

for the words "Department for the Welfare of the

Elderly" there shall be substituted the words "Elderly and

Community Services Department";

(b) immediately after the word "benefit" there shall be

inserted the word ", assistance";

(c)

the words "to the Welfare Committee established in

terms of article 130 of this Act" shall be deleted;

(d) the words "articles 93 and 131 of this Act" shall be

substituted by the words "article 93 to Government"; and

(e)

the words from "Any sum so deducted" to the words

"the said Welfare Committee." shall be deleted.

31. In paragraph (ii) of subarticle (1) of article 108 of the

principal Act, immediately after the words "under section 106 of this

Act" there shall be added the words ", unless the claim has been

rejected by the Director following consultation by the said Director

on the medical aspects of the claim in terms of paragraph (a) of the

proviso to the said article 106, in which case the Director may revise

his decision in terms of the provisions of article 110 of the Act and

where the persons forming the medical panel shall be different from

the first medical panel which had investigated the case in the first

instance".

32. Subarticle (1) of article 131 of the principal Act shall be

amended as follows

(a)

in paragraph (a) thereof for the words "in terms of

this Act or otherwise," there shall be substituted the words, "by

Government,";

(b)

paragraphs (b), (c) and (d) thereof shall be deleted;

and

(c)

paragraph (e) thereof shall be renumbered as

paragraph (b) thereof.

33. Part VI of the Sixth Schedule to the principal Act shall be

deleted.

34. Part II of the Fourteenth Schedule to the principal Act shall

be deleted.

PART IV

35. (1) This Part amends the Import Duties Act and shall be

read and construed as one with the Import Duties Act hereinafter in

this Part referred to as "the principal Act".

(2) The provisions of this Part shall be deemed to have come

into force on the 1 st January, 2004.

36. In the First Schedule, in the English language, to the

principal Act, for the figures under the column "Import Duty" relative

to the "H.S. Code Numbers" appearing in the First Column there shall

be substituted the figures relative thereto appearing in the Second

Column hereunder

First Column

Second Column

H.S. Code No.

Import Duty

%

160414 11 00

160414 16 00

160414 18 00

160414 90 00

160419 31 00

160419 39 00

160420 70 90

PART V

37. (1) This Part amends and shall be read and construed as Amendment of

one with the Duty on Documents and Transfers Act, hereinafter in the

Documents and

this Part referred to as "the principal Act".

Transfers Act.

(2) The provisions of this Part shall be deemed to have come

into force on the 1 st January, 2004.

38. In the interpretation of "transfer" in article 2 of the Amendment of

principal Act immediately after the words "under any other title," article

principal Act.

there shall be inserted the words "including a declaratory public deed

as is referred to in article 371(5) of the Companies Act, Cap. 386,".

39. Immediately after subarticle (3) of article 3 of the principal Amendment of

article 3 of the

Act, there shall be added the following new subarticles

principal Act.

"(4) Where any person, as a direct or indirect result of

any scheme of which the sole or main purpose was the obtaining

of any advantage which has the effect of avoiding, reducing or

postponing liability to duty, or of obtaining any refund of duty,

has obtained or is in a position to obtain such an advantage, the

Commissioner shall determine the duty in accordance with

subarticle (2).

(5) In this article "scheme" includes any disposition,

agreement, arrangement, trust, grant, covenant, transfer of

assets, increase in the share capital of a limited liability

company and alienation of property, whatsoever.

(6) Notwithstanding the provisions of any other law a

promise of sale or of a transfer of immovable property or any

real right thereon shall not be valid unless notice thereof is

given to the Commissioner within such time and in such

manner, and containing such particulars, as may be prescribed.

Such notification shall be accompanied by a provisional

payment equivalent to twenty per centum of the amount

chargeable in terms of articles 32 and 40.".

40. In article 25 of the principal Act, immediately after the

words "of life insurance" there shall be added the words "which is not

renewable every year".

41. Article 42 of the principal Act shall be amended as

in the proviso to paragraph (b) of subarticle (1)

(a)

thereof, immediately after the words "and reorganisations

within a group of companies" there shall be inserted the words

"which do not own any immovable property other than such

premises, as may be prescribed;";

(b) immediately after paragraph (c) of subarticle (1)

thereof, there shall be inserted the following new proviso

"Provided further that no duty shall be chargeable

upon a division of a company where the ultimate

individual beneficial shareholders in the recipient

companies remain the same shareholders of the company

to be divided and each such shareholder shall have the

same proportion of shares in each of the recipient

companies as he held in the company to be divided."; and

(c)

immediately at the end of subarticle (2) thereof there

shall be added the following proviso

"Provided that for the determining of the amount or

value of the consideration or the real value of such

marketable security, there shall not be deducted any

liability in excess of the value of all assets excluding the

value of any such immovable property or any real right

thereon other than -

(i) a bank loan relating to the cost of

acquisition and improvements of the immovable

property or real right thereon; or

(ii)

a debt registered at the Public Registry

relating to the acquisition cost of the aforesaid

immovable,

proved in each case by the production of such documents

to the satisfaction of the Commissioner, as the

Commissioner may require.".

PART VI

42. (1) This Part amends the Motor Vehicle Registration Amendment of

Tax Act and shall be read and construed as one with the Motor the

Vehicle

Vehicle Registration Tax Act, hereinafter in this Part referred to as Registration Tax

Act.

"the principal Act".

(2) The provisions of this Part shall be deemed to have come

into force on the 1 st December, 2003.

43. In article 2 of the principal Act immediately after the Amendment of

definition of "leasing" there shall be inserted the following new article

principal Act.

definition

" "limousine" means a luxury passenger vehicle with

a seating capacity of not more than nine persons, including the

driver, and which either has a chassis or wheel-base that has

been stretched, or is a sedan which is promoted as a luxury

vehicle by its manufacturer;".

44. For the proviso to subarticle (3) of article 10 of the Amendment of

article 10 of the

principal Act there shall be substituted the following provisos

principal Act.

"Provided that the provisions of this subarticle shall not

apply if the conversion of the classification occurs later than

five years following the end of year during which the original

classification had been made in the case -

(i) where the motor vehicle was first registered

under this Act before the 31 st December, 2001; or

(ii) of the conversion in the classification of a

self-drive motor vehicle for short term hire, or of a self-

drive motor vehicle for long term hire or a chauffeur driven

motor vehicle

Provided further that the provisions of this subarticle shall

not apply if the conversion of the classification occurs later than

thirty-six months following the date of the original

classification in the case of brand new vehicles imported for use

as self-drive vehicles for short-term hire.".

45. For the First Schedule to the principal Act there shall be

Substitution of

the First

substituted the following new schedule

Schedule to the

principal Act.

"FIRST SCHEDULE

[Article 6(1)]

H.S.

VERA Code

Code

Goods

Rate of Tax

Number

No.

87.01

Tractors (other than tractors of H.S. heading No. 87.09)

1.011.000

1. Pedestrian controlled tractors ...........................................

0%

1.012.000

2. Road tractors for semi-trailers ..........................................

0%

1.013.000

3. Track-laying tractors ........................................................

0%

1.014.000

4. Other ................................................................................

0%

87.02

Motor vehicles for the transport of ten or more persons,

including the driver

1.021.000

1. Scheduled buses ...............................................................

6%

1.022.000

2. Unscheduled buses or coaches .........................................

24%

1.023.000

3. Minibuses for the transport of passengers against

payment

1.023.001

3.1. new .....................................................................

21%

1.023.002

3.2. used ....................................................................

21% but

not less

than

Lm3500

per vehicle

1.024.000

4. Midibuses and private minibuses with engine

1.024.001

4.1. of a cylinder capacity not exceeding 1500cc .......

50.5%

1.024.002

4.2. of a cylinder capacity exceeding 1500cc .............

60%

1.025.000

5. Other (excluding electric vehicles)

1.025.001

5.1. Vans for the transport of eleven persons,

including the driver

1.025.010

5.1.1. for use as chauffeur driven motor vehicle

30%

1.025.020

5.1.2. other motor vehicles with engine

1.025.021

5.1.2.1. of a cylinder capacity not exceeding

1500cc ..................................................................

50.5%

1.025.022

5.1.2.2. of a cylinder capacity exceeding

1500cc ..................................................................

60%

1.025.050

5.2. Other ..................................................................

60%

1.026.100

6. Electric vehicles

1.026.110

6.1. battery driven electric vehicles ...........................

0%

1.026.120

6.2. petrol (or diesel) electric hybrid vehicles

0%

1.026.121

6.2.1. scheduled buses ..........................................

2%

1.026.131

6.2.2. other ...........................................................

16.5%

87.03

Motor cars and other motor vehicles principally

designed for the transport of persons (other than those

of H.S. heading No. 87.02), including station wagons and

racing cars

1.031.000

1. Vehicles specially designed for travelling on snow; golf

cars and similar vehicles .......................................................

50.5%

2. Other vehicles, with spark/compression-ignition internal

1.032.000

combustion engine

2.1 of a cylinder capacity not exceeding 1000cc

1.032.001

1.032.002

2.1.1 Chassis fitted with engine and cab ...............

50.5%

1.032.005

2.1.2 Vehicles of unitary (monocoque) structure

fitted with engine and a body consisting only of

the driver’s cab and the bare rear platform ...........

50.5%

1.032.010

2.1.3 Other vehicles, new

2.1.3.1 For use as motor vehicle for hire

1.032.011

1.032.012

2.1.3.1.1 chauffeur driven vehicles ...........

30%

1.032.013

2.1.3.1.2 self-drive vehicles intended for

short term hire ..........................................

30%

1.032.014

2.1.3.1.3 self-drive vehicles intended for

long term hire ...........................................

50.5%

1.032.015

2.1.3.1.4 other ...........................................

50.5%

1.032.020

2.1.3.2 Ambulances, prison vans, hearses, and

light weight three-wheeled vehicles having the

characteristic of a motor vehicle of this sub-

heading .................................................................

48.5%

1.032.030

2.1.3.3 Taxi-cars ..............................................

20%

1.032.035

2.1.3.4 Racing cars and go-karts ......................

6.5%

1.032.040

2.1.3.5 For other use ........................................

50.5%

1.032.050

2.1.4 Other vehicles used

1.032.051

2.1.4.1 For use as motor vehicle for hire

1.032.052

2.1.4.1.1 chauffeur driven vehicles

1.032.053

2.1.4.1.1.1 classic, vintage and veteran

30%

vehicles certified authentic by a body

but not less

approved by the Authority ........................

than

Lm715 per

vehicle

1.032.054

2.1.4.1.1.2 limousines and faithful

30%

replicas of classic, vintage and veteran

but not less

vehicles recognised as such by the

than

Authority ..................................................

Lm715 per

vehicle

1.032.055

2.1.4.1.1.3 other ..................................

50.5%

but not less

than

Lm1200

per vehicle

1.032.056

2.1.4.1.2 self-drive vehicles intended for

50.5%

short term hire ..........................................

but not less

than

Lm1200

per vehicle

1.032.057

2.1.4.1.3 self-drive vehicles intended for

50.5%

long term hire ...........................................

but not less

than

Lm1200

per vehicle

1.032.058

2.1.4.1.4 other ...........................................

50.5%

but not less

than

Lm1200

per vehicle

1.032.060

2.1.4.2 Ambulances, prison vans, hearses, and

48.5%

light weight three-wheeled vehicles having the

but not less

characteristic of a motor vehicle of this sub-

than

heading .................................................................

Lm1155

per vehicle

1.032.070

2.1.4.3 Taxi-cars ..............................................

50.5%

but not less

than

Lm1200

per vehicle

1.032.075

2.1.4.4 Racing cars and go-karts ......................

6.5%

1.032.080

2.1.4.5 For other use

1.032.081

2.1.4.5.1 classic, vintage and veteran

vehicles certified authentic by a body

approved by the Authority

1.032.082

2.1.4.5.1.1

vehicles

manufactured

11%

before or on the thirty-first of December,

but not less

1950 ...........................................................

than

Lm265 per

vehicle

1.032.083

2.1.4.5.1.2 vehicles manufactured on or

25.5%

after the first of January, 1951, but not

but not less

after the thirty-first December, 1970

than

Lm610 per

vehicle

1.032.084

2.1.4.5.2 other ............................................

50.5%

but not less

than

Lm1200

per vehicle

1.032.101

2.2 of a cylinder capacity exceeding 1000cc but not

exceeding 1300cc

1.032.102

2.2.1 Chassis fitted with engine and cab ...............

50.5%

1.032.105

2.2.2 Vehicles of unitary (monocoque) structure

fitted with engine and a body consisting only of

the driver’s cab and the bare rear platform ...........

50.5%

1.032.110

2.2.3 Other vehicles, new

1.032.111

2.2.3.1 For use as motor vehicle for hire

1.032.112

2.2.3.1.1 chauffeur driven vehicles ...........

30%

1.032.113

2.2.3.1.2 self-drive vehicles intended for

short term hire ..........................................

30%

1.032.114

2.2.3.1.3 self-drive vehicles intended for

long term hire ...........................................

50.5%

1.032.115

2.2.3.1.4 other ...........................................

50.5%

1.032.120

2.2.3.2 Ambulances, prison vans, hearses, and

light weight three-wheeled vehicles

having the characteristic of a motor

vehicle of this sub-heading .......................

48.5%

1.032.130

2.2.3.3 Taxi-cars .............................................

20%

1.032.135

2.2.3.4 Racing cars and go-karts ......................

6.5%

1.032.140

2.2.3.5 For other use .......................................

50.5%

1.032.150

2.2.4 Other vehicles used

1.032.151

2.2.4.1 For use as motor vehicle for hire

1.032.152

2.2.4.1.1 chauffeur driven vehicles

1.032.153

2.2.4.1.1.1 classic, vintage and veteran

30%

vehicles certified authentic by a body

but not less

approved by the Authority ........................

than

Lm895 per

vehicle

1.032.154

2.2.4.1.1.2 limousines and faithful

30%

replicas of classic, vintage and veteran

but not less

vehicles recognised as such by the

than

Authority ..................................................

Lm895 per

vehicle

1.032.155

2.2.4.1.1.3 other ..................................

50.5%

but not less

than

Lm1500

per vehicle

1.032.156

2.2.4.1.2 self-drive vehicles intended for

50.5%

short term hire ..........................................

but not less

than

Lm1500

per vehicle

1.032.157

2.2.4.1.3 self-drive vehicles intended for

50.5%

long term hire ...........................................

but not less

than

Lm1500

per vehicle

1.032.158

2.2.4.1.4 other ...........................................

50.5%

but not less

than

Lm1500

per vehicle

1.032.160

2.2.4.2 Ambulances, prison vans, hearses, and

48.5%

light weight three-wheeled vehicles

but not less

having the characteristic of a motor

than

vehicle of this sub-heading .......................

Lm1440

per vehicle

1.032.170

2.2.4.3 Taxi-cars .............................................

50.5%

but not less

than

Lm1500

per vehicle

1.032.175

2.2.4.4 Racing cars and go-karts ......................

6.5%

1.032.180

2.2.4.5 For other use

1.032.181

2.2.4.5.1 classic, vintage and veteran

vehicles certified authentic by a body

approved by the Authority

1.032.182

2.2.4.5.1.1

vehicles

manufactured

11%

before or on the thirty-first of December,

but not less

1950 ...........................................................

than

Lm330 per

vehicle

1.032.183

2.2.4.5.1.2 vehicles manufactured on or

25.5%

after the first of January, 1951, but not

but not less

after the thirty-first December, 1970

than

Lm760 per

vehicle

1.032.184

2.2.4.5.2 other ............................................

50.5%

but not less

than

Lm1500

per vehicle

1.032.201

2.3 of a cylinder capacity exceeding 1300cc but not

exceeding 1500cc

1.032.202

2.3.1 Chassis fitted with engine and cab ...............

53%

1.032.205

2.3.2 Vehicles of unitary (monocoque) structure

fitted with engine and a body consisting only of

the driver’s cab and the bare rear platform ...........

53%

1.032.210

2.3.3 Other vehicles, new

1.032.211

2.3.3.1 For use as motor vehicle for hire

1.032.212

2.3.3.1.1 chauffeur driven vehicles ...........

30%

1.032.213

2.3.3.1.2 self-drive vehicles intended for

short term hire ..........................................

30%

1.032.214

2.3.3.1.3 self-drive vehicles intended for

long term hire ...........................................

53%

1.032.215

2.3.3.1.4 other ...........................................

53%

1.032.220

2.3.3.2 Ambulances, prison vans, hearses, and

light weight three-wheeled vehicles having the

characteristic of a motor vehicle of this sub-

heading .................................................................

48.5%

1.032.230

2.3.3.3 Taxi-cars ..............................................

20%

1.032.235

2.3.3.4 Racing cars and go-karts ......................

6.5%

1.032.240

2.3.3.5 For other use ........................................

53%

1.032.250

2.3.4 Other vehicles used

1.032.251

2.3.4.1 For use as motor vehicle for hire

1.032.252

2.3.4.1.1 chauffeur driven vehicles

1.032.253

2.3.4.1.1.1 classic, vintage and veteran

30%

vehicles certified authentic by a body

but not less

approved by the Authority ........................

than

Lm1250

per vehicle

1.032.254

2.3.4.1.1.2 limousines and faithful

30%

replicas of classic, vintage and veteran

but not less

vehicles recognised as such by the

than

Authority ..................................................

Lm1250

per vehicle

1.032.255

2.3.4.1.1.3 other ..................................

53%

but not less

than

Lm2200

per vehicle

1.032.256

2.3.4.1.2 self-drive vehicles intended for

53%

short term hire ..........................................

but not less

than

Lm2200

per vehicle

1.032.257

2.3.4.1.3 self-drive vehicles intended for

53%

long term hire ...........................................

but not less

than

Lm2200

per vehicle

1.032.258

2.3.4.1.4 other ...........................................

53%

but not less

than

Lm2200

per vehicle

1.032.260

2.3.4.2 Ambulances, prison vans, hearses, and

48.5%

light weight three-wheeled vehicles having the

but not less

characteristic of a motor vehicle of this sub-

than

heading .................................................................

Lm2015

per vehicle

1.032.270

2.3.4.3 Taxi-cars .............................................

53%

but not less

than

Lm2200

per vehicle

1.032.275

2.3.4.4 Racing cars and go-karts ......................

6.5%

1.032.280

2.3.4.5 For other use

1.032.281

2.3.4.5.1 classic, vintage and veteran

vehicles certified authentic by a body

approved by the Authority

1.032.282

2.3.4.5.1.1

vehicles

manufactured

11%

before or on the thirty-first of December,

but not less

1950 ...........................................................

than

Lm460 per

vehicle

1.032.283

2.3.4.5.1.2 vehicles manufactured on or

26.5%

after the first of January, 1951, but not

but not less

after the thirty-first December, 1970

than

Lm1100

per vehicle

1.032.284

2.3.4.5.2 other ............................................

53%

but not less

than

Lm2200

per vehicle

1.032.301

2.4 of a cylinder capacity exceeding 1500cc but not

exceeding 1800cc

1.032.302

2.4.1 Chassis fitted with engine and cab ...............

60%

1.032.305

2.4.2 Vehicles of unitary (monocoque) structure

fitted with engine and a body consisting only of

the driver’s cab and the bare rear platform ...........

60%

1.032.310

2.4.3 Other vehicles, new

1.032.311

2.4.3.1 For use as motor vehicle for hire

1.032.312

2.4.3.1.1 chauffeur driven vehicles ...........

30%

1.032.313

2.4.3.1.2 self-drive vehicles intended for

short term hire ..........................................

30%

1.032.314

2.4.3.1.3 self-drive vehicles intended for

long term hire ...........................................

60%

1.032.315

2.4.3.1.4 other ...........................................

60%

1.032.320

2.4.3.2 Ambulances, prison vans, hearses, and

light weight three-wheeled vehicles having the

characteristic of a motor vehicle of this sub-

heading .................................................................

48.5%

1.032.330

2.4.3.3 Taxi-cars .............................................

20%

1.032.335

2.4.3.4 Racing cars and go-karts ......................

6.5%

1.032.340

2.4.3.5 For other use .......................................

60%

1.032.350

2.4.4 Other vehicles used

1.032.351

2.4.4.1 For use as motor vehicle for hire

1.032.352

2.4.4.1.1 chauffeur driven vehicles

1.032.353

2.4.4.1.1.1 classic, vintage and veteran

30%

vehicles certified authentic by a body

but not less

approved by the Authority ........................

than

Lm1450

per vehicle

1.032.354

2.4.4.1.1.2 limousines and faithful

30%

replicas of classic, vintage and veteran

but not less

vehicles recognised as such by the

than

Authority ..................................................

Lm1450

per vehicle

1.032.355

2.4.4.1.1.3 other ..................................

60%

but not less

than

Lm2900

per vehicle

1.032.356

2.4.4.1.2 self-drive vehicles intended for

60%

short term hire ..........................................

but not less

than

Lm2900

per vehicle

1.032.357

2.4.4.1.3 self-drive vehicles intended for

60%

long term hire ...........................................

but not less

than

Lm2900

per vehicle

1.032.358

2.4.4.1.4 other ...........................................

60%

but not less

than

Lm2900

per vehicle

1.032.360

2.4.4.2 Ambulances, prison vans, hearses, and

48.5%

light weight three-wheeled vehicles having the

but not less

characteristic of a motor vehicle of this sub-

than

heading .................................................................

Lm2345

per vehicle

1.032.370

2.4.4.3 Taxi-cars .............................................

60%

but not less

than

Lm2900

per vehicle

1.032.375

2.4.4.4 Racing cars and go-karts ......................

6.5%

1.032.380

2.4.4.5 For other use

1.032.381

2.4.4.5.1 classic, vintage and veteran

vehicles certified authentic by a body

approved by the Authority

1.032.382

2.4.4.5.1.1

vehicles

manufactured

16.5%

before or on the thirty-first of December,

but not less

1950 ...........................................................

than

Lm800 per

vehicle

1.032.383

2.4.4.5.1.2 vehicles manufactured on or

30%

after the first of January, 1951, but not

but not less

after the thirty-first December, 1970

than

Lm1450

per vehicle

1.032.384

2.4.4.5.2 other ............................................

60%

but not less

than

Lm2900

per vehicle

1.032.401

2.5 of a cylinder capacity exceeding 1800cc but not

exceeding 2000cc

1.032.402

2.5.1 Chassis fitted with engine and cab ...............

65%

1.032.405

2.5.2 Vehicles of unitary (monocoque) structure

fitted with engine and a body consisting only of

the driver’s cab and the bare rear platform ...........

65%

1.032.410

2.5.3 Other vehicles, new

1.032.411

2.5.3.1 For use as motor vehicle for hire

1.032.412

2.5.3.1.1 chauffeur driven vehicles ...........

30%

1.032.413

2.5.3.1.2 self-drive vehicles intended for

short term hire ..........................................

30%

1.032.414

2.5.3.1.3 self-drive vehicles intended for

long term hire ...........................................

65%

1.032.415

2.5.3.1.4 other ...........................................

65%

1.032.420

2.5.3.2 Ambulances, prison vans, hearses, and

light weight three-wheeled vehicles having the

characteristic of a motor vehicle of this sub-

heading .................................................................

48.5%

1.032.430

2.5.3.3 Taxi-cars .............................................

20%

1.032.435

2.5.3.4 Racing cars and go-karts ......................

6.5%

1.032.440

2.5.3.5 For other use .......................................

65%

1.032.450

2.5.4 Other vehicles used

1.032.451

2.5.4.1 For use as motor vehicle for hire

1.032.452

2.5.4.1.1 chauffeur driven vehicles

1.032.453

2.5.4.1.1.1 classic, vintage and veteran

30%

vehicles certified authentic by a body

but not less

approved by the Authority ........................

than

Lm1940

per vehicle

1.032.454

2.5.4.1.1.2 limousines and faithful

30%

replicas of classic, vintage and veteran

but not less

vehicles recognised as such by the

than

Authority ..................................................

Lm1940

per vehicle

1.032.455

2.5.4.1.1.3 other ..................................

65%

but not less

than

Lm4200

per vehicle

1.032.456

2.5.4.1.2 self-drive vehicles intended for

65%

short term hire ..........................................

but not less

than

Lm4200

per vehicle

1.032.457

2.5.4.1.3 self-drive vehicles intended for

65%

long term hire ...........................................

but not less

than

Lm4200

per vehicle

1.032.458

2.5.4.1.4 other ...........................................

65%

but not less

than

Lm4200

per vehicle

1.032.460

2.5.4.2 Ambulances, prison vans, hearses, and

48.5%

light weight three-wheeled vehicles having the

but not less

characteristic of a motor vehicle of this sub-

than

heading .................................................................

Lm3135

per vehicle

1.032.470

2.5.4.3 Taxi-cars .............................................

65%

but not less

than

Lm4200

per vehicle

1.032.475

2.5.4.4 Racing cars and go-karts ......................

6.5%

1.032.480

2.5.4.5 For other use

1.032.481

2.5.4.5.1 classic, vintage and veteran

vehicles certified authentic by a body

approved by the Authority

1.032.482

2.5.4.5.1.1

vehicles

manufactured

16.5%

before or on the thirty-first of December,

but not less

1950 ...........................................................

than

Lm1070

per vehicle

1.032.483

2.5.4.5.1.2 vehicles manufactured on or

32.5%

after the first of January, 1951, but not

but not less

after the thirty-first December, 1970

than

Lm2100

per vehicle

1.032.484

2.5.4.5.2 other ............................................

65%

but not less

than

Lm4200

per vehicle

1.032.501

2.6 of a cylinder capacity exceeding 2000cc but not

exceeding 2500cc

1.032.502

2.6.1 Chassis fitted with engine and cab ...............

75%

1.032.505

2.6.2 Vehicles of unitary (monocoque) structure

fitted with engine and a body consisting only of

the driver’s cab and the bare rear platform ...........

75%

1.032.510

2.6.3 Other vehicles, new

1.032.511

2.6.3.1 For use as motor vehicle for hire

1.032.512

2.6.3.1.1 chauffeur driven vehicles ...........

30%

1.032.513

2.6.3.1.2 self-drive vehicles intended for

short term hire ..........................................

30%

1.032.514

2.6.3.1.3 self-drive vehicles intended for

long term hire ...........................................

75%

1.032.515

2.6.3.1.4 other ...........................................

75%

1.032.520

2.6.3.2 Ambulances, prison vans, hearses, and

light weight three-wheeled vehicles having the

characteristic of a motor vehicle of this sub-

heading .................................................................

48.5%

1.032.530

2.6.3.3 Taxi-cars .............................................

20%

1.032.535

2.6.3.4 Racing cars and go-karts ......................

6.5%

1.032.540

2.6.3.5 For other use .......................................

75%

1.032.550

2.6.4 Other vehicles used

1.032.551

2.6.4.1 For use as motor vehicle for hire

1.032.552

2.6.4.1.1 chauffeur driven vehicles

1.032.553

2.6.4.1.1.1 classic, vintage and veteran

30%

vehicles certified authentic by a body

but not less

approved by the Authority ........................

than

Lm2920

per vehicle

1.032.554

2.6.4.1.1.2 limousines and faithful

30%

replicas of classic, vintage and veteran

but not less

vehicles recognised as such by the

than

Authority ..................................................

Lm2920

per vehicle

1.032.555

2.6.4.1.1.3 other ..................................

75%

but not less

than

Lm7300

per vehicle

1.032.556

2.6.4.1.2 self-drive vehicles intended for

75%

short term hire ..........................................

but not less

than

Lm7300

per vehicle

1.032.557

2.6.4.1.3 self-drive vehicles intended for

75%

long term hire ...........................................

but not less

than

Lm7300

per vehicle

1.032.558

2.6.4.1.4 other ...........................................

75%

but not less

than

Lm7300

per vehicle

1.032.560

2.6.4.2 Ambulances, prison vans, hearses, and

48.5%

light weight three-wheeled vehicles having the

but not less

characteristic of a motor vehicle of this sub-

than

heading .................................................................

Lm4725

per vehicle

1.032.570

2.6.4.3 Taxi-cars .............................................

75%

but not less

than

Lm7300

per vehicle

1.032.575

2.6.4.4 Racing cars and go-karts ......................

6.5%

1.032.580

2.6.4.5 For other use

1.032.581

2.6.4.5.1 classic, vintage and veteran

vehicles certified authentic by a body

approved by the Authority

1.032.582

2.6.4.5.1.1

vehicles

manufactured

16.5%

before or on the thirty-first of December,

but not less

1950 ...........................................................

than

Lm1610

per vehicle

1.032.583

2.6.4.5.1.2 vehicles manufactured on or

37.5%

after the first of January, 1951, but not

but not less

after the thirty-first December, 1970

than

Lm3650

per vehicle

1.032.584

2.6.4.5.2 other ............................................

75%

but not less

than

Lm7300

per vehicle

1.032.601

2.7 of a cylinder capacity exceeding 2500cc but not

exceeding 3000cc

1.032.602

2.7.1 Chassis fitted with engine and cab ...............

75%

1.032.605

2.7.2 Vehicles of unitary (monocoque) structure

fitted with engine and a body consisting only of

the driver’s cab and the bare rear platform ...........

75%

1.032.610

2.7.3 Other vehicles, new

1.032.611

2.7.3.1 For use as motor vehicle for hire

1.032.612

2.7.3.1.1 chauffeur driven vehicles ...........

30%

1.032.613

2.7.3.1.2 self-drive vehicles intended for

short term hire ..........................................

30%

1.032.614

2.7.3.1.3 self-drive vehicles intended for

long term hire ...........................................

75%

1.032.615

2.7.3.1.4 other ...........................................

75%

1.032.620

2.7.3.2 Ambulances, prison vans, hearses, and

light weight three-wheeled vehicles having the

characteristic of a motor vehicle of this sub-

heading .................................................................

48.5%

1.032.630

2.7.3.3 Taxi-cars .............................................

20%

1.032.635

2.7.3.4 Racing cars and go-karts ......................

6.5%

1.032.640

2.7.3.5 For other use .......................................

75%

1.032.650

2.7.4 Other vehicles used

1.032.651

2.7.4.1 For use as motor vehicle for hire

1.032.652

2.7.4.1.1 chauffeur driven vehicles

1.032.653

2.7.4.1.1.1 classic, vintage and veteran

30%

vehicles certified authentic by a body

but not less

approved by the Authority ........................

than

Lm3360

per vehicle

1.032.654

2.7.4.1.1.2 limousines and faithful

30%

replicas of classic, vintage and veteran

but not less

vehicles recognised as such by the

than

Authority ..................................................

Lm3360

per vehicle

1.032.655

2.7.4.1.1.3 other ..................................

75%

but not less

than

Lm8400

per vehicle

1.032.656

2.7.4.1.2 self-drive vehicles intended for short

75%

term hire ...................................................

but not less

than

Lm8400

per vehicle

1.032.657

2.7.4.1.3 self-drive vehicles intended for

75%

long term hire ...........................................

but not less

than

Lm8400

per vehicle

1.032.658

2.7.4.1.4 other ...........................................

75%

but not less

than

Lm8400

per vehicle

1.032.660

2.7.4.2 Ambulances, prison vans, hearses, and

48.5%

light weight three-wheeled vehicles having the

but not less

characteristic of a motor vehicle of this sub-

than

heading .................................................................

Lm5435

per vehicle

1.032.670

2.7.4.3 Taxi-cars .............................................

75%

but not less

than

Lm8400

per vehicle

1.032.675

2.7.4.4 Racing cars and go-karts ......................

6.5%

1.032.680

2.7.4.5 For other use

1.032.681

2.7.4.5.1 classic, vintage and veteran

vehicles certified authentic by a body

approved by the Authority

1.032.682

2.7.4.5.1.1

vehicles

manufactured

16.5%

before or on the thirty-first of December,

but not less

1950 ...........................................................

than

Lm1850

per vehicle

1.032.683

2.7.4.5.1.2 vehicles manufactured on or

37.5%

after the first of January, 1951, but not

but not less

after the thirty-first December, 1970

than

Lm4200

per vehicle

1.032.684

2.7.4.5.2 other ............................................

75%

but not less

than

Lm8400

per vehicle

1.032.701

2.8 of a cylinder capacity exceeding 3000cc

1.032.702

2.8.1 Chassis fitted with engine and cab ...............

75%

1.032.705

2.8.2 Vehicles of unitary (monocoque) structure

fitted with engine and a body consisting only of

the driver’s cab and the bare rear platform ...........

75%

1.032.710

2.8.3 Other vehicles, new

1.032.711

2.8.3.1 For use as motor vehicle for hire

1.032.712

2.8.3.1.1 chauffeur driven vehicles ...........

30%

1.032.713

2.8.3.1.2 self-drive vehicles intended for

short term hire ..........................................

30%

1.032.714

2.8.3.1.3 self-drive vehicles intended for

long term hire ...........................................

75%

1.032.715

2.8.3.1.4 other ...........................................

75%

1.032.720

2.8.3.2 Ambulances, prison vans, hearses, and

light weight three-wheeled vehicles having the

characteristic of a motor vehicle of this sub-

heading .................................................................

48.5%

1.032.730

2.8.3.3 Taxi-cars .............................................

20%

1.032.735

2.8.3.4 Racing cars and go-karts ......................

6.5%

1.032.740

2.8.3.5 For other use .......................................

75%

1.032.750

2.8.4 Other vehicles used

1.032.751

2.8.4.1 For use as motor vehicle for hire

1.032.752

2.8.4.1.1 chauffeur driven vehicles

1.032.753

2.8.4.1.1.1 classic, vintage and veteran

30%

vehicles certified authentic by a body

but not less

approved by the Authority ........................

than

Lm4400

per vehicle

1.032.754

2.8.4.1.1.2 limousines and faithful

30%

replicas of classic, vintage and veteran

but not less

vehicles recognised as such by the

than

Authority ..................................................

Lm4400

per vehicle

1.032.755

2.8.4.1.1.3 other ..................................

75%

but not less

than

Lm11000

per vehicle

1.032.756

2.8.4.1.2 self-drive vehicles intended for

75%

short term hire ..........................................

but not less

than

Lm11000

per vehicle

1.032.757

2.8.4.1.3 self-drive vehicles intended for

75%

long term hire ...........................................

but not less

than

Lm11000

per vehicle

1.032.758

2.8.4.1.4 other ...........................................

75%

but not less

than

Lm11000

per vehicle

1.032.760

2.8.4.2 Ambulances, prison vans, hearses, and

48.5%

light weight three-wheeled vehicles having the

but not less

characteristic of a motor vehicle of this sub-

than

heading .................................................................

Lm7115

per vehicle

1.032.770

2.8.4.3 Taxi-cars .............................................

75%

but not less

than

Lm11000

per vehicle

1.032.775

2.8.4.4 Racing cars and go-karts ......................

6.5%

1.032.780

2.8.4.5 For other use

1.032.781

2.8.4.5.1 classic, vintage and veteran

vehicles certified authentic by a body

approved by the Authority

1.032.782

2.8.4.5.1.1

vehicles

manufactured

16.5%

before or on the thirty-first of December,

but not less

1950 ...........................................................

than

Lm2420

per vehicle

1.032.783

2.8.4.5.1.2 vehicles manufactured on or

37.5%

after the first of January, 1951, but not

but not less

after the thirty-first December, 1970

than

Lm5500

per vehicle

1.032.784

2.8.4.5.2 other ............................................

75%

but not less

than

Lm11000

per vehicle

1.033.000

3. Electric vehicles

1.033.010

3.1 battery driven electric vehicles ............................

0%

1.033.020

3.2 petrol (or diesel) electric hybrid vehicles .............

16.5%

1.034.000

4. Other

1.034.010

4.1 Chassis fitted with engine and cab .......................

60%

1.034.020

4.2 Vehicles of unitary (monocoque) structure fitted

with engine and a body consisting only of the driver's

cab and the bare rear platform ....................................

60%

1.034.030

4.3 Other

1.034.040

4.3.1 New .............................................................

60%

1.034.050

4.3.2 Other ...........................................................

60%

87.04

Motor vehicles for the transport of goods

1. Dumpers designed for off-highway use

1.041.001

1.1 Light Dumpers .....................................................

31%

1.042.001

1.2 Other

1.042.010

1.2.1 Chassis fitted with engine and cab................

57.5%

but not less

than

Lm1480

per vehicle

1.042.020

1.2.2 Other………………………………………

57.5%

but not less

than

Lm1610

per vehicle

2. Other, with compression-ignition internal combustion

piston engine (diesel or semi-diesel)

1.043.000

2.1 g.v.w. not exceeding 5 tonnes

1.043.001

2.1.1 Chassis fitted with engine and cab ...............

57.5%

but not less

than

Lm1480

per vehicle

1.043.010

2.1.2 Vehicles of unitary (monocoque) structure

57.5%

fitted with engine and a body consisting only of

but not less

the driver’s cab and the bare rear platform ............

than

Lm1480

per vehicle

1.043.020

2.1.3 Other

1.043.025

2.1.3.1 New .....................................................

57.5%

1.043.030

2.1.3.2 Other

1.043.031

2.1.3.2.1 classic, vintage and veteran

vehicles certified authentic by a body

approved by the Authority

1.043.032

2.1.3.2.1.1

vehicles

manufactured

10.5%

before or on the thirty-first of December

but not less

1950 ...........................................................

than

Lm270 per

vehicle

1.043.033

2.1.3.2.1.2 vehicles manufactured on or

28.5%

after the first of January 1951 but not after

but not less

the thirty-first of December 1970 ......

than

Lm735 per

vehicle

1.043.034

2.1.3.2.2 other ...........................................

57.5%

but not less

than

Lm1480

per vehicle

1.044.000

2.2 g.v.w. exceeding 5 tonnes but not exceeding 20

tonnes

1.044.001

2.2.1 Chassis fitted with engine and cab

1.044.010

2.2.1.1 New ....................................................

36%

1.044.020

2.2.1.2 Other ...................................................

57.5%

but not less

than

Lm1480

per vehicle

1.044.030

2.2.2 Other

1.044.040

2.2.2.1 New ....................................................

57.5%

1.044.050

2.2.2.2 Other

1.044.051

2.2.2.2.1 classic, vintage and veteran

vehicles certified authentic by a body

approved by the Authority

1.044.052

2.2.2.2.1.1

vehicles

manufactured

10.5%

before or on the thirty-first of December

but not less

1950 ...........................................................

than

Lm540 per

vehicle

1.044.053

2.2.2.2.1.2 vehicles manufactured on or

28.5%

after the first of January 1951 but not after

but not less

the thirty-first of December 1970 ......

than

Lm1470

per vehicle

1.044.054

2.2.2.1.2 other ...........................................

57.5%

but not less

than

Lm2960

per vehicle

1.045.000

2.3 g.v.w. exceeding 20 tonnes

1.045.001

2.3.1 Chassis fitted with engine and cab

1.045.010

2.3.1.1 New ....................................................

36%

1.045.020

2.3.1.2 Other ...................................................

57.5%

but not less

than

Lm1890

per vehicle

1.045.030

2.3.2 Other

1.045.040

2.3.2.1 New ....................................................

57.5%

1.045.050

2.3.2.2 Other

1.045.051

2.3.2.2.1 classic, vintage and veteran

vehicles certified authentic by a body

approved by the Authority

1.045.052

2.3.2.2.1.1

vehicles

manufactured

10.5%

before or on the thirty-first of December

but not less

1950 ...........................................................

than

Lm585 per

vehicle

1.045.053

2.3.2.2.1.2 vehicles manufactured on or

28.5%

after the first of January 1951 but not after

but not less

the thirty-first of December 1970 ......

than

Lm1585

per vehicle

1.045.054

2.3.2.2.2 other ...........................................

57.5%

but not less

than

Lm3190

per vehicle

3. Other, with spark-ignition internal combustion piston

engine

1.046.000

3.1 g.v.w. not exceeding 5 tonnes

1.046.010

3.1.1 Chassis fitted with engine and cab ..............

57.5%

but not less

than

Lm1480

per vehicle

1.046.020

3.1.2 Vehicles of unitary (monocoque) structure

57.5%

fitted with engine and a body consisting only of

but not less

the driver’s cab and the bare rear platform ............

than

Lm1480

per vehicle

1.046.030

3.1.3 Other

1.046.040

3.1.3.1 New ....................................................

57.5%

1.046.050

3.1.3.2 Other

1.046.051

3.1.3.2.1 classic, vintage and veteran

vehicles certified authentic by a body

approved by the Authority

1.046.052

3.1.3.2.1.1

vehicles

manufactured

10.5%

before or on the thirty-first of December

but not less

1950 ...........................................................

than

Lm270 per

vehicle

1.046.053

3.1.3.2.1.2 vehicles manufactured on or

28.5%

after the first of January 1951 but not after

but not less

the thirty-first of December 1970 ......

than

Lm735 per

vehicle

1.046.054

3.1.3.2.2 other ...........................................

57.5%

but not less

than

Lm1480

per vehicle

1.047.000

3.2 g.v.w. exceeding 5 tonnes

1.047.010

3.2.1 Chassis fitted with engine and cab

1.047.020

3.2.1.1 New

36%

1.047.030

3.2.1.2 Other ...................................................

57.5%

but not less

than

Lm1480

per vehicle

1.047.040

3.2.2 Other

1.047.050

3.2.2.1 New ....................................................

57.5%

1.047.060

3.2.2.2 Other

1.047.061

3.2.2.2.1 classic, vintage and veteran

vehicles certified authentic by a body

approved by the Authority

1.047.062

3.2.2.2.1.1

vehicles

manufactured

10.5%

before or on the thirty-first of December

but not less

1950 ...........................................................

than

Lm540 per

vehicle

1.047.063

3.2.2.2.1.2 vehicles manufactured on or

28.5%

after the first of January 1951 but not after

but not less

the thirty-first of December 1970 ...............

than

Lm1470

per vehicle

1.047.064

3.2.2.2.2 other ............................................

57.5%

but not less

than

Lm2960

per vehicle

4. Other (excluding electric vehicles)

1.048.010

4.1 Chassis fitted with engine and cab ......................

57.5%

1.048.020

4.2 Vehicles of unitary (monocoque) structure fitted

with engine and a body consisting only of the driver’s

cab and the bare platform ..............................................

57.5%

1.048.030

4.3 Other

1.048.040

4.3.1 New ............................................................

57.5%

1.048.050

4.3.2 Other ...........................................................

57.5%

but not less

than

Lm3190

per vehicle

1.049.000

5. Electric vehicles

1.049.010

5.1 Battery driven electric vehicles ...........................

0%

1.049.020

5.2 Petrol (or diesel) electric hybrid vehicles ............

16.5%

87.05

Special purpose motor vehicles, other than those

principally designed for the transport of persons or

goods (for example, breakdown lorries, crane lorries,

fire fighting vehicles, concrete-mixer lorries, road

sweeper lorries, spraying lorries, mobile workshops,

mobile radiological units)

1.051.000

1. Crane lorries .....................................................................

0%

1.052.000

2. Mobile drilling derricks ....................................................

0%

1.053.000

3. Fire fighting vehicles .......................................................

0%

1.054.000

4. Concrete-mixer lorries .....................................................

0%

1.055.000

5. Other

1.055.010

5.1. Breakdown lorries ..............................................

0%

1.055.020

5.2. Concrete-pumping lorries ...................................

0%

1.055.030

5.3. Other ..................................................................

0%

87.06

Chassis fitted with engine, for the motor vehicles of H.S.

heading Nos. 87.01 to 87.05

1.061.000

1. For tractors (other than tractors of H.S. heading 87.09) ....

The rates of

tax

applicable

in

categories

1 to 4 as

per H.S.

Code No.

87.01

1.062.000

2. For motor vehicles for the transport of ten or more

The rates of

persons, including the driver ................................................

tax

applicable

in

categories

1 to 6 as

per H.S.

Code No.

87.02

1.063.000

3. For motor cars and other motor vehicles principally

The rates of

designed for the transport of persons (other than those of

tax

heading No. 87.02), including station wagons and racing

applicable

cars .......................................................................................

in

categories

1 to 4 as

per H.S.

Code No.

87.03

1.064.000

4. For motor vehicles for the transport of goods ...................

The rates of

tax

applicable

in

categories

1 to 5 as

per H.S.

Code No.

87.04

1.065.000

5. For special purpose motor vehicles, other than those

The rates of

principally designed for the transport of persons or goods

tax

(for example, breakdown lorries, crane lorries, fire fighting

applicable

vehicles, concrete-mixer lorries, road sweeper lorries,

in

spraying lorries, mobile workshops, mobile radiological

categories

units) ....................................................................................

1 to 5 as

per H.S.

Code No.

87.05

87.07

1.070.000

Bodies (including cabs), for the motor vehicles of H.S.

heading Nos. 87.01 to 87.05 ................................................

0%

87.08

Parts and accessories of the motor vehicles of headings

Nos. 87.01 to 87.05

1.081.000

1. For tractors (other than tractors of H.S. heading 87.09)

1.081.001

1.1 Motor vehicle chassis frames ...............................

The rates of

tax

applicable

in

categories

1 to 4 as

per H.S.

Code No.

87.01

1.081.010

1.2 Other parts ...........................................................

0%

1.082.000

2. For motor vehicles for the transport of ten or more

persons, including the driver

1.082.001

2.1 Motor vehicle chassis frames ...............................

The rates of

tax

applicable

in

categories

1 to 6 as

per H.S.

Code No.

87.02

1.082.010

2.2 Other parts ...........................................................

0%

1.083.000

3. For motor cars and other motor vehicles principally

designed for the transport of persons (other than those of

heading No. 87.02), including station wagons and racing

cars

1.083.001

3.1 Motor vehicle chassis frames ...............................

The rates of

tax

applicable

in

categories

1 to 4 as

per H.S.

Code No.

87.03

1.083.010

3.2 Other parts ...........................................................

0%

1.084.000

4. For motor vehicles for the transport of goods

1.084.001

4.1 Motor vehicle chassis frames ...............................

The rates of

tax

applicable

in

categories

1 to 5 as

per H.S.

Code No.

87.04

1.084.010

4.2 Other parts ...........................................................

0%

1.085.000

5. For special purpose motor vehicles, other than those

principally designed for the transport of persons or goods

(for example, breakdown lorries, crane lorries, fire fighting

vehicles, concrete-mixer lorries, road sweeper lorries,

spraying lorries, mobile workshops, mobile radiological

units)

1.085.001

5.1 Motor vehicle chassis frames ...............................

The rates of

tax

applicable

in

categories

1 to 5 as

per H.S.

Code No.

87.05

1.085.010

5.2 Other parts ...........................................................

0%

87.09

1.091.000

Works trucks, self-propelled, not fitted with lifting or

handling equipment, of the type used in factories,

warehouses, dock areas or airports for short distance

transport of goods, tractors of the type used on railway

station platforms, parts of the foregoing vehicles .............

0%

87.10

1.101.000

Tanks and other armoured fighting vehicles, motorised,

whether or not fitted with weapons, and parts of such

vehicles ................................................................................

0%

87.11

Motor cycles (including mopeds) and cycles fitted with

an auxiliary motor, with or without side-cars

1.111.000

1. With reciprocating internal combustion piston engine of a

cylinder capacity not exceeding 50cc

1.111.010

1.1 Cycles fitted with an auxiliary motor

1.111.011

1.1.1 classic vintage and veteran vehicles

certified authentic by a body approved by

the Authority

1.111.012

1.1.1.1 manufactured before or on the thirty-

first of December 1950 .........................................

6.5%

1.111.013

1.1.1.2 manufactured on or after the first of

January 1951 but not after the thirty-first of

December 1970 ....................................................

14.5%

1.111.014

1.1.2 other ............................................................

28.5%

1.111.020

1.2 Other

1.111.021

1.2.1 classic vintage and veteran vehicles

certified authentic by a body approved by

the Authority

1.111.022

1.2.1.1 manufactured before or on the thirty-

6.5%

first of December 1950 .........................................

but not less

than Lm11

per vehicle

1.111.023

1.2.1.2 manufactured on or after the first of

14.5%

January 1951 but not after the thirty-first of

but not less

December 1970 ....................................................

than Lm23

per vehicle

1.111.024

1.2.2 other ............................................................

28.5%

but not less

than Lm45

per vehicle

1.112.000

2. With reciprocating internal combustion piston engine of

cylinder capacity exceeding 50cc but not exceeding 250cc

1.112.010

2.1 Cycles fitted with an auxiliary motor

1.112.011

2.1.1 classic vintage and veteran vehicles

certified authentic by a body approved by the

Authority

1.112.012

2.1.1.1 manufactured before or on the thirty-

first of December 1950 .........................................

6.5%

1.112.013

2.1.1.2 manufactured on or after the first of

January 1951 but not after the thirty-first of

December 1970 ....................................................

14.5%

1.112.014

2.1.2 other ............................................................

28.5%

1.112.020

2.2 Other

1.112.030

2.2.1 With cylinder capacity exceeding 50cc but

not exceeding 125cc

1.112.031

2.2.1.1 classic vintage and veteran vehicles

certified authentic by a body approved by the

Authority

1.112.032

2.2.1.1.1 manufactured before or on the

6.5%

thirty-first of December 1950 ..........................

but not less

than Lm20

per vehicle

1.112.033

2.2.1.1.2 manufactured on or after the first

14.5%

of January 1951 but not after the thirty-first of

but not less

December 1970 ...............................................

than Lm44

per vehicle

1.112.034

2.2.1.2 other

28.5%

but not less

than Lm85

per vehicle

1.112.040

2.2.2 With cylinder capacity exceeding 125cc but

not 250cc

1.112.041

2.2.2.1 classic vintage and veteran vehicles

certified authentic by a body approved by the

Authority

1.112.042

2.2.2.1.1 manufactured before or on the

6.5%

thirty-first of December 1950 ..........................

but not less

than Lm30

per vehicle

1.112.043

2.2.2.1.2 manufactured on or after the first

21%

of January 1951 but not after the thirty-first of

but not less

December 1970 ....................................

than Lm98

per vehicle

1.112.044

2.2.2.2 other ...................................................

42%

but not less

than

Lm195 per

vehicle

1.113.000

3. With reciprocating internal combustion piston engine of

cylinder capacity exceeding 250cc but not exceeding 500cc

1.113.001

3.1 classic vintage and veteran vehicles certified

authentic by a body approved by the Authority

1.113.002

3.1.1 manufactured before or on the thirty-first of

6.5%

December 1950 ..........................................................

but not less

than Lm36

per vehicle

1.113.003

3.1.2 manufactured on or after the first of January

21%

1951 but not after the thirty-first of December 1970 ..

but not less

than

Lm115 per

vehicle

1.113.004

3.2 other ...................................................................

42%

but not less

than

Lm230 per

vehicle

1.114.000

4. With reciprocating internal combustion piston engine of

cylinder capacity exceeding 500cc but not exceeding 800cc

1.114.001

4.1 classic vintage and veteran vehicles certified

authentic by a body approved by the Authority

1.114.002

4.1.1 manufactured before or on the thirty-first of

6.5%

December 1950 ..........................................................

but not less

than Lm47

per vehicle

1.114.003

4.1.2 manufactured on or after the first of January

21%

1951 but not after the thirty-first of December 1970 ..

but not less

than

Lm150 per

vehicle

1.114.004

4.2 other ...................................................................

42%

but not less

than

Lm300 per

vehicle

1.115.000

5. With reciprocating internal combustion piston engine of

cylinder capacity exceeding 800cc

1.115.001

5.1 classic vintage and veteran vehicles certified

authentic by a body approved by the Authority

1.115.002

5.1.1 manufactured before or on the thirty-first of

6.5%

December 1950 ..........................................................

but not less

than Lm98

per vehicle

1.115.003

5.1.2 manufactured on or after the first of January

21%

1951 but not after the thirty-first of December 1970 ..

but not less

than

Lm315 per

vehicle

1.115.004

5.2 other ...................................................................

42%

but not less

than

Lm630 per

vehicle

1.116.000

6. Battery driven electric motorcycles .................................

0%

1.117.000

7. Other ...............................................................................

42%

87.13

1.131.000

Invalid carriages, whether or not motorised or

otherwise mechanically propelled .....................................

0%

87.14

Parts and accessories of vehicles of H.S. headings

number 87.11 to 87.13

1.141.000

1. Chassis frames for motorcycles (including mopeds) and

The rates of

cycles fitted with an auxiliary motor, with or without side-

tax

cars .......................................................................................

applicable

in

categories

1 to 7 as

per H.S.

Code No.

87.11

1.142.000

2. Invalid carriages chassis frames .......................................

The rates of

tax

applicable

in H.S.

Code No.

87.13

1.143.000

3. Other parts .......................................................................

0%.".

PART VII

46. (1) This Part amends the Income Tax Management Act,

and shall be read and construed as one with the Income Tax

Management Act, hereinafter in this Part referred to as "the principal

Act".

(2) (a)

The provisions of article 47 shall be deemed to have

come into force as from 1st January, 2004.

(b) The provisions of article 48 shall come into force on

such date as the Minister responsible for finance may by notice in the

Gazette establish and different dates may be so established for

different provisions and different purposes thereof.

(c)

The provisions of articles 49 and 55 shall come into

force on the 1st January, 2004 and shall apply with respect to any year

of assessment commencing on or after 1st January, 2005.

(d) The provisons of articles 50, 51 and 52 shall be

deemed to have come into force on the 25th November, 2003.

47. In subarticle (1) of article 3 of the principal Act, for the

words "delegate to any person serving in his department" there shall

be substituted the words "delegate to any person".

48. For the proviso to article 17 of the principal Act, there

shall be substituted the following

"Provided that nothing in this article shall prejudice the

right of the Commissioner to make a request

(a)

referred to in subarticle (2) of article 34 of the

Income Tax Act;

(b) as provided for under regulations made

pursuant to article 52B of the Income Tax Act pursuant to

Council Directive 2003/48/EC of the 3rd June, 2003 on

taxation of savings income in the form of interest

payments.".

49. In the first proviso to subarticle (3) of article 23 of the Amendment of

principal Act, for the words "during which the deductions were article

principal Act.

made:" there shall be substituted the words "during which the

deductions were made or has complied with such conditions that may

be prescribed to the extent that they are relevant to the income in

question:".

50. Immediately after subarticle (4) of article 30 of the Amendment of

article 30 of the

principal Act, there shall be added the following new proviso

principal Act.

"Provided that in cases where there has not yet been a final

decision or a final judgement, the notification of an assessment

to the taxpayer after the expiration of the periods specified in

this subarticle shall not constitute and shall not be deemed to

have ever constituted a reason for the said assessment or notice

thereof being declared prescribed, time-barred or otherwise

quashed, if such assessment is delivered by not later than the

31 st December, 2007

Provided further that where such notification is not made

by the 31 st December, 2007 because the taxpayer could not be

found or for other reasons attributable to him, such assessment

shall be deemed to have been duly notified if, not later than 31 st

December 2008, the Commissioner publishes a notice in the

Gazette and in one or more daily newspapers stating that such

assessment has been made and inviting the taxpayer to call for it

at the Department.".

51. Subarticle (1) of article 40 of the principal Act shall be Amendment of

article 40 of the

amended as follows

principal Act.

(a)

paragraph (e) thereof shall be substituted by the

following new paragraphs

"(e) the notice referred to in article 43(6);

(f) the notice referred to in article 46(1) and the

notice of assessment and demand in writing by the

Commissioner referred to in article 46(3):"; and

(b) in the proviso thereto, for the words "referred to in

paragraph (e)", there shall be substituted the words "referred to

in paragraph (f)".

52. Article 43 of the principal Act shall be amended as

(a)

subarticle (1) thereof shall be substituted by the

following

"(1) Where any person derives gains or profits

from the transfer of property referred to in article 5(1)(a)(i)

and (ii) of the Income Tax Act, he shall -

(a) where the transfer refers to an immovable

property or to the undivided part of the immovable

property obtained before the 25th November, 1992,

by the transferor causa mortis, or in a partition of

immovable property obtained by the co-partitioners

causa mortis, remit to the Commissioner within

fifteen days of the relative transfer a full and final

payment equivalent to 7% of the consideration

relating to the transfer of the property

Provided that, irrespective of whether the

said property was thus obtained before or after the

25th November, 1992, the said full and final payment

shall be equivalent to 5% of the consideration

relating to the transfer of the property where

(i) the promise of sale agreement in

respect of such transfer has been signed prior to

the 25th November, 2003;

(ii) the said agreement has been duly

registered at the Ministry responsible for

finance by the 22nd December, 2003 and a

certificate to that effect has been issued by the

said Ministry;

(iii) the relative deed of transfer is

published by the 31st October, 2004, which

date shall supersede the relevant date appearing

on the certificate issued by the Ministry in

accordance with item (ii) hereof; and

(iv) the duty under the Duty on Documents

and Transfers Act on the said deed is paid and

the relative deed enrolled in the Public Registry

by the 15th December, 2004 and a copy of the

certificate issued by the Ministry is presented

to the Commissioner with such payment;

(b) in any other case, and irrespective of

whether such gains or profits are chargeable under

the provisions of that article or under any other

provision of the Income Tax Acts, remit to the

Commissioner within fifteen days of the relative

transfer a provisional tax payment equivalent to 7%

of the consideration relating to the transfer of the

property or of the value of the donation

Provided that in deeds of emphyteusis or sub-

emphyteusis no account shall be taken of any yearly

ground rent or sub-ground rent payable according to the

deed.";

(b) in subarticle (3) thereof, for the words "The

Commissioner may" there shall be substituted the words

"Saving the transfer of property referred to in paragraph (a) of

subarticle (1), the Commissioner may";

(c)

subarticle (4) thereof shall be substituted by the

following

"(4) (a) The tax paid by a person in respect of

transfers referred to in paragraph (a) of subarticle (1)

hereof, shall not be available as a credit against that

person’s tax liability or for a refund, as the case may be, for

the relevant year of assessment. Such tax shall be separate

and distinct from that paid or a payable under the

provisions of article 42 and he shall not be required to

declare any such income, in any return made pursuant to

the Income Tax Acts.

(b) Any provisional tax paid for the purposes of

paragraph (b) of subarticle (1), during or in respect of the

year preceding any year of assessment, shall be set off for

the purpose of collection against the tax charged in respect

of the said year of assessment and if there is an excess after

the aforesaid set-off has been made, such excess shall be

refunded in accordance with the provisions of article 48.

Such provisional tax shall be separate and distinct from

that paid or payable under the provisions of article 42

except for persons who have gains or profits from

immovable property falling under article 4(1)(a) of the

Income Tax Act

Provided that the tax paid and referred to in

paragraph (b) of this subarticle shall not be set off or

refunded as aforesaid unless the person who has paid the

tax has declared the relative gains or profits from the

transfer in a return of income furnished in accordance with

article 10 for the year of assessment following that during

which the gains or profits from the said transfer were

derived.";

(d) in subarticle (5) thereof, for the words "fails to pay

any provisional tax" there shall be substituted the words "fails to

pay any tax or provisional tax, as the case may be,"; and

(e)

in subarticle (9) thereof, for the words "provisional

tax" wherever they appear, there shall be substituted the words

"tax or provisional tax, as the case may be,".

53. In subarticle (1) of article 44 of the principal Act,

immediately after the words "in article 42," there shall be added the

words "in subarticle (1) of article 43,".

54. Immediately after subarticle (3) of article 47 of the

principal Act, there shall be added the following new subarticle

"(4) Where the action referred to in subarticles (2) and

(3) has not been taken within the time specified therein, and

such time expires on or before the 31 st December 2003, then,

notwithstanding the provisions of the said subarticles, action for

the payment of the said tax, additional tax, interest or penalty

may be taken until the 31 st December 2005.".

55. In paragraph (a) of the third proviso to subarticle (1) of

article 48 of the principal Act, for the words "under the provisions of

article 12 of the Income Tax Act or of any other law" there shall be

substituted the words "under any law".

PART VIII

56. (1) This Part amends the Excise Duty Act and shall be

read and construed as one with the Excise Duty Act hereinafter in this

Part referred to as "the principal Act".

(2) The provisions of this Part shall be deemed to have come

into force on the 25th November, 2003

Provided that with regard to the words under the column

"Rate of Excise Duty" relative to the item "Cigarettes" in the Third

Schedule in article 57 for the period 25th November 2003 and the

promulgation of this Act, the same shall be deemed to be "53.1% of

the retail price plus Lm 6.25 per 1000 cigarettes but not less than Lm

40.75 per 1000 cigarettes"

Provided also that with regard to the words under the

column "Rate of Excise Duty" relative to the items "Gas Oil" and

"Kerosene" in the Fourth Schedule in article 57, as amended, for the

period 25th November, 2003 and the promulgation of this Act, the

same shall be deemed to be Lm 102.00 per 1000 litres.

57. For the First, Second, Third and Fourth Schedules to the Substitution of

First, Second,

principal Act there shall be substituted the following Schedules

Third and

Fourth

Schedules to the

"FIRST SCHEDULE

principal Act.

First Column

Second Column

List of Excise Goods

Relevant Schedule

Alcohol and alcoholic beverages to the extent as shown Second Schedule

in the relevant schedule to this Act.

Manufactured tobacco to the extent as shown in the rele- Third Schedule

vant schedule to this Act.

Energy products to the extent as shown in the relevant Fourth Schedule

schedule to this Act.

ACT No. II of 2004 AN ACT to implement various budget measures and other administrative measures.

Table of Provisions (29)

Statutory Text (29 Articles)

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