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ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

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Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

I assent.

A NTON T ABONE

(L.S.)

Acting President

22nd March, 2011

ACT No. IV of 2011

AN ACT to implement Budget measures for the financial year

2011 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 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

The short title of this Act is the Budget Measures Short title.

Implementation Act, 2011.

PART I

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

The provisions of this Part shall be deemed to have come Coming into

force of this

into effect on the 1st January, 2011.

Part.

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

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

meaning as is assigned to it in article 2 of the Financial Cap. 174.

Administration and Audit Act, but does not include proceeds from

loans.

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

(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 five hundred and seventy million euro.

(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 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Any money borrowed under the authority of this Part shall

be appropriated and applied for the purpose of

(a) meeting excess expenditure over revenue incurred in

the Consolidated Fund for year 2011 and, or subsequent years;

(b) redeeming registered stocks which are due for

redemption during 2011;

(c)

repaying a bank loan originally granted to the

Government of Malta to take over loan liabilities held in the

name of Malta Drydocks Corporation; and

(d) effecting portfolio changes in relation to amounts

raised through Treasury Bills, amounts raised through

Government Stocks, and in respect of loans raised outside Malta

as and when required in line with Government’s debt

management policies.

PART II

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

(1) This Part of this Act amends the Income Tax Act and

it shall be read and construed as one with the Income Tax Act,

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

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

follows

(a)

articles 7(a), 10(b), 11, 13, 14(b), 16, 17, 18, 20(d),

20(e), 21, 22 and 24 as from year of assessment 2011;

(b) articles 7(b), 8(a), 8(c), 8(d), 10(a), 20(a) and 20(g)

on the 1st January 2011;

(c)

articles 7(c), 7(d), 8(e), 8(f) and 8(g)(ii) as from year

of assessment 2009;

(d)

articles 8(b), 9(a) and 19 on 26th November, 2010;

(e)

article 8(g)(i) on 16th April, 2010; and

(f)

articles 12, 20(b) and 20(c) as from year of

assessment 2012.

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Subarticle (1) of article 2 of the principal Act shall be Amendment of

article 2 of the

amended as follows

principal Act.

(a)

for the definition "petroleum", there shall be

substituted the following

" "petroleum" means crude oil of whatever density,

natural gas and other hydrocarbons and substances that

may be extracted therefrom;";

(b) immediately after the definition "property

company", there shall be added the following new definition

'' "property partnership" shall mean a partnership as

defined in article 5(1)(b) which owns immovable property

situated in Malta, or any real rights thereon, or a

partnership which, directly or indirectly, holds shares or

other proprietary interests in any entity or person, which

owns immovable property situated in Malta, or any real

rights thereon, where five percent or more of the total

value of the said shares or other proprietary interests so

held is attributable to such immovable property or rights

Provided that where a partnership, entity or person

carrying on a trade or business owns immovable property

situated in Malta, or any real rights thereon, consisting

only of a factory, showroom, warehouse or office used

solely for the purpose of carrying on such trade or

business, such partnership, entity or person shall, for the

purpose of this definition, be treated as not owning

immovable property if not more then fifty percent of the

value of its assets consist of immovable property situated

in Malta, or any real rights over such property, and it does

not carry on any activity the income from which is derived

directly or indirectly from immovable property situated in

Malta;";

(c)

in the definition ''foreign income account'',

paragraph (a) thereof shall be substituted by the following new

paragraph

''(a) profits resulting from royalties and similar

income arising outside Malta and from dividends, capital

gains, interest, rents, income or gains derived from a

participating holding or from the disposal of such holding

other than a participating holding in a company resident in

Malta, and any other income derived from investments

situated outside Malta, which are liable to tax in Malta and

are receivable by a company registered in Malta not being

a company registered under the Malta Financial Services

Authority Act, and''; and

(d) for the definition "property company" there shall be

substituted the following

'' ''property company'' shall mean a company which

owns immovable property situated in Malta or any real

rights thereon or a company which holds, directly or

indirectly, shares or other interests in any entity or person,

which owns immovable property situated in Malta or any

real rights thereon where five percent or more of the total

value of the said shares or other interests so held is

attributable to such immovable property or rights

Provided that where a company, entity or person

carrying on a trade or business owns immovable property

situated in Malta or any real rights thereon, consisting only

of a factory, showroom, warehouse or office used solely

for the purpose of carrying on such trade or business, such

company, entity or person shall, for the purpose of this

definition, be treated as not owning immovable property if

not more then fifty percent of the value of its assets consist

of immovable property situated in Malta or any rights over

such property and it does not carry on any activity the

income from which is derived directly or indirectly from

immovable property situated in Malta;''.

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Article 5 of the principal Act shall be amended as follows

(a)

subarticle (1) thereof shall be amended as follows

(i) in subparagraph (iv) of paragraph (a) thereof,

for the words "subarticle (13)(b)(ii)." there shall be

substituted the words "subarticle (13)(b)(ii);", and

immediately thereafter there shall be added the following

new subparagraph

"(v) gains or profits arising from the transfer

of the ownership or usufruct of or from the

assignment or cession of any rights over any interest

in a partnership. For the purposes

of

this

subparagraph "transfer" shall mean

(a) a transfer of a full or partial interest

and any alienation of any such full or partial

interest in a partnership; and

(b) a deemed transfer of an interest in

the partnership. Where a person acquires or

increases a partnership share there is a deemed

transfer of an interest in the partnership to that

partner from the other partners;";

(ii) in paragraph (b) thereof, immediately before

the definition "transfer", there shall be inserted the

following new definitions

" "partnership" shall mean a commercial

partnership en nom collectif, or commercial

partnership en commandite the capital of which

is not divided into shares and, except for the

purposes of subparagraph (v)(b), shall include

any other partnership having a legal personality

distinct from that of its members other than a

commercial partnership en commandite the

capital of which is divided into shares;

"partnership share" means the share to

which a person is entitled in the income of the

partnership and to assets available for

distribution on a winding up of the

partnership;";

(iii) in the definition ''transfer'', immediately after

the words ''subarticles (9A) and (13)(b),'' there shall be

added the words ''and for the avoidance of doubt includes

any transfer of an asset by a company to its shareholders,

or by a commercial partnership en nom collectif or

commercial partnership en commandite the capital of

which is not divided into shares to its members, in the

course of winding up the company or partnership or in the

course of a distribution of assets to its shareholders or

partners pursuant to a scheme of distribution,'';

(b) immediately after the last proviso to paragraph (c) of

subarticle (3) thereof, there shall be added the following new

proviso

''Provided also that the acquisition cost of shares

resulting from a conversion of a partnership into a

company as referred to in article 45B shall be the cost of

acquisition of the interest (representing those shares) held

in the partnership that had been converted into the said

company;'';

(c)

immediately after subarticle (3) thereof, there shall

be added the following new subarticle

"(3A) For the purpose of ascertaining the gains or

profits arising from any transfer of property in terms of

sub-article (1)(a)(v)

(a) the acquisition cost in each of the

circumstances mentioned in this paragraph

shall, subject to any adjustments that may be

prescribed, be determined as follows

(i) the acquisition cost of an

interest acquired from an existing partner

shall be the actual purchase price;

(ii) the acquisition cost of an

interest acquired causa mortis shall be the

lower of the value declared in a deed of

transfer causa mortis and the price which

that interest would have fetched had it

been sold on the open market on the date

of that acquisition;

(iii) the acquisition cost of an

interest acquired by way of a capital

contribution made to the partnership shall

be the amount or value of such

contribution;

(iv) the acquisition cost of an

interest resulting from a conversion of a

company into a partnership as referred to

in article 45A shall be the cost of

acquisition of the shares (representing

that interest) held in the company that had

been converted into the said partnership

Provided that where the said shares

consist of shares whose return is limited

to a fixed rate of return the acquisition

cost shall be taken to be zero; and

(b) any transfer consisting of an

exchange shall be considered as if two separate

transfers were taking place; and

(c) the provisions of subarticle (2)(d),

(e), and (f) and shall apply mutatis mutandis to

this subarticle.";

(d) immediately after subarticle (6) thereof, there shall

be added the following new subarticle

"(6A) The provisions of subarticle (1)(a)(v) shall

not apply to gains or profits relating to property transferred

in the circumstances referred to in subarticle (5)(e) and

(f).";

(e)

in paragraph (iii) of subarticle (9), for the words

''For the purpose of this paragraph "property company" shall

mean a company which owns immovable property situated in

Malta, or any rights over such property, or a company which

holds, directly or indirectly, shares or interests in a body of

persons which owns immovable property situated in Malta, or

any rights over such property:'' there shall be substituted the

words ''For the purpose of this paragraph the proviso to the

definition of ''property company'' in article 2(1) shall not

apply:'';

(f)

for paragraph (h) of subarticle (9A) thereof, there

shall be substituted the following new paragraph

''(h) For the purpose of paragraph (a) the term

"shares in a company" shall mean shares in a company

which, on the date of the acquisition referred to in the said

paragraph owned, directly or indirectly, any immovable

property situated in Malta or any real rights thereon and

the said property or any part thereof is still, directly or

indirectly, owned by such company on the date it ceases to

be a member of the group in accordance with the

provisions of paragraph (b). For the purpose of this

paragraph a company is treated as indirectly owning

immovable property if it holds, directly or indirectly,

shares or other interests in any entity or person, which

owns immovable property situated in Malta or any real

rights thereon where five percent or more of the total value

of the said shares or other interests so held is attributable to

such immovable property or rights.''; and

(g) paragraph (b)(ii) of subarticle (13) thereof shall be

amended as follows

(i) in the first proviso thereto, for the words ''or

in the proportion in the value'' there shall be substituted the

words ''and in the proportion in the value''; and

(ii) in the last proviso thereto, for the words ''For

the purpose of this paragraph "property company" shall

mean a company which owns immovable property situated

in Malta, or any rights over such property, or a company

which holds, directly or indirectly, shares or interests in a

body of persons which owns immovable property situated

in Malta, or any rights over such property.'' there shall be

substituted the words ''For the purpose of this paragraph

the proviso to the definition of ''property company" in

article 2(1) shall not apply:''.

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Article 5A of the principal Act shall be amended as

(a)

in paragraph (i) of subarticle (4) thereof, for the

words "or any other provision of the Income Tax Acts or any

other law." there shall be substituted the words "or any other

provision of the Income Tax Acts or any other law;" and

immediately thereafter there shall be added the following new

paragraph

"(j) A transfer of property by a company to its

shareholder or to an individual related to its shareholder in

the course of winding up or in the course of a distribution

of assets pursuant to a scheme of distribution, where the

said shareholder is an individual or his spouse, who owns

or own, all of the share capital (disregarding the holding of

one share having no preferential rights) of the said

company transferring the property as aforesaid

For the purpose of this paragraph an individual is

related to the said shareholder if such individual is his

spouse, his descendant or ascendant in the direct line, or

the spouse of any such descendant or ascendant, or, in the

absence of any descendants in the direct line, his brother or

sister or a descendant of his brother or sister

Provided that this paragraph shall only apply where

all the following conditions have been satisfied

(i) the said shareholder held all of the

share capital (disregarding the holding of one

share having no preferential rights) of the

company transferring the property for a period

exceeding five years immediately preceding the

date of the transfer of the property as aforesaid;

(ii) the said property consists of one

transferable unit, being either a dwelling house,

garage, shop, office, store or warehouse;

(iii) the said property is held as a capital

asset by the company and has been so held for a

period exceeding five years immediately

preceding the date of the transfer of the

property as aforesaid

Provided further that, on a subsequent transfer of

the said property by the said shareholder or related

individual, the provisions of subarticle (3)(b) shall not

apply

Provided also that where the said property is

subsequently transferred by the said shareholder or related

individual, as the case may be, to a person referred to in

subarticle (4)(a)(i), and such person subsequently transfers

the said property within a period of five years from the

date of its acquisition the provisions of subarticle (3)(b)

shall not apply

Provided also that every company resident in Malta

shall allocate the distributable profits derived from a

transfer to which this paragraph applies, and on which no

tax is payable in accordance with this paragraph, to the

final tax account.";

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

definition of "transfer", the words "any transfer of property by a

company to its shareholders in the course of winding up" shall

be deleted; and

(c)

in paragraph (a) of subarticle (6) thereof, for the

words "In a contract of emphyteusis the ground rent" there shall

be substituted the words "In a contract of emphyteusis and in

any transfer of property where the consideration consists of or

includes periodical payments to which article 4(1)(d) or (e)

applies, the ground rent or any such other periodical payment".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

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

amended as follows

(a)

in subparagraph (ii) of paragraph (c) thereof, for the

words "long term policies of insurance and of any shares or

securities in a company" there shall be substituted the words

"long term policies of insurance, of any interest in a partnership

which is not a property partnership and of any shares or

securities in a company"; and

(b) for paragraph (p) thereof, there shall be substituted

the following

"(p) any dividend paid by a company whose main

source of income in the relevant year is charged at the rate

provided for in article 56(13) in respect of a Contractor;".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Subarticle (1) of article 14 of the principal Act shall be

amended as follows

(a)

in paragraph (n) thereof, for the words "nine

hundred and thirty-five euro (935) per child:" there shall be

substituted the words " nine hundred and thirty-five euro (€935)

per child."; and

(b)

the proviso thereto shall be deleted.

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Subarticle (1) of article 14B of the principal Act shall be

amended as follows

(a)

paragraph (b) thereof shall be substituted by the

following

"(b) one thousand and six hundred euro (€1,600)

in respect of each child who attended such secondary

school or one thousand and two hundred euro (€1,200) in

respect of each child who attended such primary school or

kindergarten:"; and

(b) immediately after paragraph (b) as substituted, there

shall be added the following proviso

"Provided that the deduction shall only be allowed

if the payment and the details of the individual making the

claim are confirmed by information provided, in such

format and content as determined by the Commissioner, by

the head of the relative school or kindergarten.".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

For article 23 of the principal Act there shall be Substitution of

article 23 of the

substituted the following

principal Act.

" Profits from

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

(1) Where any person engaged in

production of

the business of exploration for, and the

petroleum.

production of, petroleum (hereinafter referred to

as "the Contractor") derives, or aims to derive,

gains or profits through a Production Sharing

Contract (hereinafter referred to as "the

Contract") granted to such person by the

Government of Malta by way of licence in

accordance with the provisions of the Petroleum

Production Act, the Continental Shelf Act and

the Petroleum (Production) Regulations, or any

provision amending or substituting the said Acts

or Regulations, the chargeable income of the said

person from such business shall be determined as

set out in this article.

(2) (a)

The gains or profits derived by

the Contractor from the production of petroleum

for any basis year, being the year immediately

preceding a year of assessment, shall be arrived

at by deducting the recoverable costs as defined

in the Contract and not yet fully recovered by the

Contractor, from the total of the value of the cost

recovery petroleum and of the share of profit

petroleum, as defined in the Contract, allotted to

the Contractor for that year, to which shall be

added any ancillary or incidental income for the

same year.

(b) Where after such deduction as is

referred to in paragraph (a) there remains any

balance of unabsorbed recoverable costs, the

amount of such unabsorbed costs shall be carried

forward to the following year and shall be added

to and become part of the recoverable costs for

that year.

(c) The procedure referred to in paragraph

(b) shall be followed in subsequent years until all

recoverable costs shall have been absorbed.

(3) (a)

For the purposes of this article,

particularly for the purposes of subarticle (2),

each Contract shall be deemed to constitute a

separate and distinct source of income and any

Contractor deriving gains or profits from more

than one Contract shall be subject to tax as if he

were a separate and unconnected person with

respect to each such Contract.

(b) Where more than one petroleum field

is in production in an area covered by the same

Contract, the gains or profits from each such

field shall be determined as if each such field

constitutes a separate and distinct source of

income arising to a separate person, so however

that the Contractor shall have the right to identify

the fields in the said area where the cost of

exploration and development operations are to be

taken into account in determining the relative

gains or profits.

(4) The provisions of articles 16 to 22

shall not apply in the case of any company in any

year in which the company is operating under a

licence referred to in subarticle (1).

(5) (a)

Notwithstanding

anything

contained in the Income Tax Acts, where a non-

resident sub-contractor renders services to a

Contractor in Malta, such Contractor shall

withhold tax at the rate set out in article

56(13)(b) on payments made to the sub-

contractor for services rendered in Malta and

shall pay to the Commissioner any tax so

withheld within thirty days from the making of

the deduction.

(b) Where a Contractor fails to deduct and

pay tax in accordance with paragraph (a), the

provisions of article 73(4) of this Act and of

article 40(1) of the Income Tax Management Act

shall apply mutatis mutandis.

(c) The tax withheld in accordance with

paragraph (a) shall be considered as a final

withholding tax unless the sub-contractor notifies

the Commissioner that this tax is to be

considered as a provisional tax payment to be

credited against the tax liability of the said sub-

contractor’s chargeable income for the relevant

year of assessment computed in accordance with

the provisions of the Act.

(d) The notification referred to in

paragraph (c) shall be made by not later than the

tax return date for the relevant year of assessment

and in such form as the Commissioner may

require.

(6) Except for gains or profits derived

from the production of petroleum referred to in

subarticles (1) and (2), any income or deemed

income derived by a Contractor and subject to

tax under any of the provisions of this Act shall

be so brought to charge in accordance with the

said provisions and at the applicable rates, but no

deduction shall be granted thereagainst in respect

of any loss or outgoing expense incurred in

connection with the exploration for or the

production of petroleum.".

14. Article 26 of the principal Act shall be amended as Amendment of

article 26 of the

follows

principal Act.

(a)

in paragraph (a) thereof, for the words "other than

alimony payments as provided for in article 14A and school fees

as provided for in article 14B;" there shall be substituted the

words "other than those specifically allowed by this Act;"; and

(b) in paragraph (g) thereof, for the words "voluntary

nature." there shall be substituted the words "voluntary nature;"

and immediately thereafter there shall be added the following

new paragraph

"(h) any interest, discount or premium paid or

payable to a person not resident in Malta where -

(i) the person not resident in Malta

derives or benefits from the said interest,

discount or premium, directly or indirectly,

from the granting of loans or from any form of

credit to finance the acquisition, development,

construction, refurbishment, renovation of

immovable property situated in Malta or any

right thereon including professional fees related

thereto (including fees related to the acquisition

of finance) and any other matter which

increases or enhances the value of such

immovable property or any right thereon; and

(ii) the said interest, discount or

premium is exempt from tax under the

provisions of article 12(1)(c)(i); and

(iii) the payor of the interest, discount or

premium is a person related to the person not

resident in Malta.

For the purpose of this paragraph a person is

deemed to be related to a person not resident in Malta if

(i) that person and the person not

resident in Malta are, directly or indirectly,

controlled or beneficially owned to the extent

of more than 10% by the same persons; or

(ii) that person owns, directly or

indirectly, more than 10% of the ordinary share

capital or voting rights of the person not

resident in Malta.".

15. In paragraph (c) of subarticle (8) of article 27D of the

principal Act, for the words "by the trustee or the beneficiary

himself." there shall be substituted the words "by the trustee or the

beneficiary himself:", and immediately thereafter there shall be added

the following new proviso to the whole subarticle

"Provided that the provisions of this subarticle shall apply

mutatis mutandis where none of the trustees of a trust is a

person resident in Malta and the beneficiaries of the such trust

include persons that are -

(i)

ordinarily resident and domiciled in Malta; or

(ii) ordinarily resident or domiciled in Malta and

the relevant income is received in Malta.".

16. For the proviso to subarticle (1) of article 33 of the

principal Act, there shall be substituted the following

"Provided that where the recipient derives, or is deemed to

have derived pursuant to the provisions of article 43(6)(a), (b)

or (c), investment income referred to in article 41(a)(viii), tax

shall be deducted at the rate specified in article 56(6) or such

other rate as may be prescribed and rules may also be prescribed

on how the investment income provisions are to be applied in

particular circumstances.".

17. Article 41 of the principal Act shall be amended as Amendment of

article 41 of the

principal Act.

(a)

for item (4) of subparagraph (viii) of paragraph (a)

thereof there shall be substituted the following

"(4) the dividend referred to in article 43(6)(a) and

the income or gains referred to in article 43(6)(c);"

and immediately thereafter the following new item shall be

added the following

"(5) the income referred to in article 43(6)(b);";

(b) for paragraph (b) thereof there shall be substituted

the following

"(b) "payor" shall mean the person who is liable to

make, or if different, who makes a payment of investment

income and with respect to investment income referred to

in paragraph (a)(viii)(4) shall mean the company which

earned the profits deemed distributed pursuant to article

43(6)(a) and article 43(6)(c) and with respect to investment

income referred to in paragraph (a)(viii)(5) shall mean the

Commissioner;"; and

(c)

the proviso to paragraph (c) thereof shall be

substituted by the following

"Provided that with respect to the investment

income referred to in paragraph (a)(viii)(2) and (3) a

recipient shall be an individual who is resident in Malta

and with respect to the investment income referred to in

paragraph (a)(viii)(4) and (5) a recipient shall be the

individual referred to in article 43(6)(a), (b) and (c), as the

case may be, and in the circumstances referred to in article

43(6)(e) such individual must be ordinarily resident and

domiciled in Malta.".

18. Subarticle (6) of article 43 of the principal Act shall be

amended as follows

(a)

for paragraph (a) thereof there shall be substituted

the following

"(a) Where an individual resident in

Malta is registered for the purpose of article

48(4) or article 48(4A) of the Income Tax

Management Act, or is beneficially entitled,

directly or indirectly, to the profits of a

person or entity which is so registered, such

individual shall be deemed to have received

a dividend or dividends corresponding to

the amount of profits (that is, the profits net

of the tax paid or payable by the company

in respect of which he or the said person or

entity are so registered) that he is

beneficially entitled to receive directly or

indirectly from such company, on the first

day of the accounting period following that

in which such profits were earned by the

said company or on the date such profits

where distributed whichever is the earlier

Provided that this paragraph shall not

apply where the said profits were

distributed to such individual resident in

Malta registered for the purpose of article

48(4) or article 48(4A) of the Income Tax

Management Act by way of dividends in

the accounting period in which such profits

were earned by the said company

Provided further that when an

individual resident in Malta registered for

the purpose of article 48(4) or article

48(4A) of the Income Tax Management Act

has been deemed to have received a

dividend or dividends on the first day of the

accounting period following that in which

such profits were earned by the said

company such dividend or dividends shall

for the purpose of article 41(a)(viii)(2) be

deemed to have been paid on such day.";

(b) paragraph (b) thereof shall be substituted by the

following

"(b) An individual resident in Malta beneficially

entitled, directly or indirectly, to the profits of a person or

entity which has received the income referred to in article

41(a)(viii)(3), shall be deemed to have received, at the time

that the said person or entity has received the said income,

so much of that income as corresponds to his, direct or

indirect, entitlement to receive that income by way of

dividend or other means through or from any person or

entity in any manner whatsoever:";

(c)

paragraph (d) thereof shall be substituted by the

following

"(d) (i) Notwithstanding any other

provision in the Income Tax Acts, where an

individual becomes beneficially entitled,

directly or indirectly, to the profits of a

person or entity or any such entitlement is

increased in any way and such person or

entity has received but not yet distributed, or

is entitled to receive (at the time such

individual became so entitled or had his

entitlement so increased), directly or

indirectly, the income referred to in article

41(a)(viii)(2) and (3), such individual shall

be deemed to have received a dividend

chargeable to tax under this Act at the time

that he became so entitled or had his

entitlement so increased as corresponds to

his, direct or indirect, entitlement or

increased entitlement to receive that income

by way of dividend or other means through

or from any person or entity in any manner

whatsoever and such individual shall be

obliged to declare the said dividend in his

return of income

Provided that the provisions of this

paragraph shall not be applicable where the

Commissioner is satisfied that the events

referred to in this paragraph were not the

result of some arrangement or scheme the

sole or main purpose of which was the

avoidance of or postponement of the

payment of tax.

(ii) Notwithstanding

any

other

provision in the Income Tax Acts, where an

individual not resident in Malta changes his

residence and becomes resident and

domiciled in Malta and at the time of the

change becomes or is beneficially entitled,

directly or indirectly, to the profits of a

person or entity and such person or entity

has received, directly or indirectly, but not

yet distributed the income referred to in

article 41(a)(viii)(2) and (3), such individual

shall be deemed to have received a dividend

chargeable to tax under this Act at the time

that he becomes resident and domiciled in

Malta as corresponds to his, direct or

indirect, entitlement to receive that income

by way of dividend or other means through

or from any person or entity in any manner

whatsoever and such individual shall be

obliged to declare the said dividend in his

return of income

Provided that the provisions of this

paragraph shall not be applicable where the

said individual was not at any time resident

in Malta throughout the whole of the period

of five years immediately preceding the date

such individual changes his residence and

becomes ordinarily resident and domiciled

in Malta.

(iii) Notwithstanding

any

other

provision in the Income Tax Acts, where an

individual not resident in Malta, whether or

not registered for the purpose of article

48(4) or article 48(4A) of the Income Tax

Management Act, receives, directly or

indirectly, the income referred to in article

41 (a)(viii)(2) and (3), and such individual

was at any time within the five year period

preceding the date on which he received,

directly or indirectly the said income,

resident and domiciled in Malta, such

income shall be chargeable to tax under this

Act and the said individual shall be obliged

to declare the said income in a return of

income.

(iv) For the purpose of paragraphs (i)

to (iii) above the reference to "recipient" in

article 42(a)(viii)(2) shall mean any person

or entity."; and

(d) paragraph (e) thereof shall be substituted by the

following

"(e) Where the immediate shareholder of the

company, person or entity referred to in paragraphs (a), (b)

and (c) is not an individual and is not resident in Malta, the

provisions of the said paragraphs shall only be applicable

when the said individual is ordinarily resident and

domiciled in Malta.".

19. Immediately after article 45A of the principal Act there Addition of new

article to the

shall be added the following new article

principal Act.

" Conversion

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Notwithstanding anything contained

of a

in this Act, where, in accordance with the

partnership

provisions of the Companies Act, a commercial

into a

company.

partnership en nom collectif or a commercial

partnership en commandite the capital of which

is not divided into shares is converted into a

company, it shall be deemed for all the purposes

of the Income Tax Acts that no transfer or

acquisition of assets has taken place and for the

purpose of determining the chargeable income

or gains on a transfer of the said assets by the

company, the cost and date of acquisition taken

into account shall be the cost and date as

applicable to the commercial partnership that

has been converted.".

20. Article 56 of the principal Act shall be amended as Amendment of

article 56 of the

principal Act.

(a)

for the proviso to subarticle (8) thereof, there shall

be substituted the following

"Provided that with effect from 1 January

2011 and up to 31 December 2014, as regards

dividends paid by a company which was an

international trading company as at 31 December

2010

(i)

the provisions of this subarticle

shall continue to apply after 31 December

2010 with respect to the distribution of

profits earned by such company while it

was an international trading company, and

(ii) the conditions set out in

paragraphs (a) and (b) above shall not

apply in respect of such dividends paid to

any recipient shareholder who is registered

for the purpose of article 48(4) or article

48(4A) of the Income Tax Management

Act.";

(b) in paragraph (b) of subarticle (10) thereof, for the

words "under article 4(1)(a) and (b)" there shall be substituted

the words "under articles 4 or 5";

(c)

in paragraph (a)(ii) of subarticle (11) thereof, for the

words "under article 4(1)(a) and (b)" there shall be substituted

the words "under articles 4 or 5";

(d) for subarticle (13) thereof there shall be substituted

by the following

"(13) (a) The tax upon the chargeable income of

any person referred to as a Contractor in article 23 shall be

levied at the rate of 35 cents (€0.35) on every euro of the

chargeable income in so far as such income is to be

computed in accordance with the provisions of the said

article 23(1) and (2). Other income arising to a Contractor

shall be charged at the appropriate rate or rates.

(b) The rate at which tax shall be withheld by a

Contractor from payments made to a sub-contractor in

accordance with the provisions of article 23(5) shall be at

10 cents (€0.10) of every euro of the payments made as

aforesaid.";

(e)

subarticles (14), (15) and (16) thereof shall be

deleted;

(f)

for subarticle (20) thereof, there shall be substituted

the following

"(20) (a) Where a member of a company

resident in Malta is a resident of a State or

territory with which Malta has made an

arrangement under the provisions of this Act for

the grant of relief from double taxation, and

under that arrangement a dividend, or part

thereof, distributed by such a company is subject

to income tax in Malta at a rate lower than that

chargeable on the income out of which the

dividend is distributed, such company shall be

entitled to require that the gains or profits, or part

thereof, derived by it from its trade or business

for the year of assessment 2001 and for

subsequent years of assessment and which are

distributable by way of dividend subject to tax at

a lower rate as aforesaid shall, notwithstanding

that the dividend, or part thereof has not been

distributed, be taxed at the said reduced rate and

not at the rate properly chargeable under this Act

on the gains or profits of the company

Provided that the provisions of this

paragraph shall only be applicable with respect

to companies which do not sell by retail and a

person shall be deemed not to sell by retail if its

sales of goods or services are made to

(i)

a person who carries on a trade,

business, profession or vocation and the

goods or services so sold to such person are

either resold by such person or are used by

such person for the purpose of his trade,

business, profession or vocation; or

(ii) a person, other than an

individual, who uses those goods for the

purposes of an undertaking carried on by

such person

Provided further that where a company has

opted to be taxed at a reduced rate of income tax

as provided by this paragraph, no person in

receipt of a dividend paid by such company out

of profits which have been subject to tax at such

reduced rate of tax shall be entitled to claim a

refund under the provisions of the Income Tax

Acts in respect of that dividend other than a

refund in terms of article 48(4A) of the Income

Tax Management Act

Provided also that where a company has

opted to be taxed at a reduced rate of income tax

as provided by this paragraph and such company

distributes gains or profits derived by it from its

trade or business which have been subject to tax

at the rate properly chargeable under this Act to

the member resident in the said state or territory,

such member shall not be entitled to claim a

refund under the provisions of the Income Tax

Acts in respect of any dividend paid by such

company out of the said gains or profits

Provided also that where a company has

opted to be taxed at a reduced rate of income tax

as provided by this paragraph and such company

distributes gains or profits derived by it from its

trade or business which have been subject to tax

at such reduced rate of tax to any person not

entitled to a reduced rate of tax under any

arrangement as aforesaid, such gains or profits

shall be taxed at a rate being the difference

between the rate referred to in article 56(6) and

the rate actually applied and such tax shall be tax

payable by the company in the year of

assessment in which such profits are distributed.

(b) Where the provisions of paragraph (a)

have been applied and subsequently there is a

change in the shareholding of the company in

consequence of which the new shareholders will

not be entitled to a reduced rate of tax under any

arrangement as aforesaid or if so entitled the rate

applicable in such arrangement is more than the

rate applicable to the outgoing shareholder, then

any profits which have been subject to tax at

such lower rate as aforesaid and which have not

been distributed at the end of the last financial

year of the company preceding the date of

change in shareholding less any of such profits

distributed to the outgoing shareholder in the

current financial year shall be taxed at a rate

being the difference between the rate of tax

which would be applicable had the new

shareholder held the shares when such profits

were earned, and the rate actually applied, and

such tax shall be a tax payable by the company in

the year of assessment in which such profits are

distributed

Provided that where a member of a

company is also a company incorporated under

Maltese law, the provisions of this article shall

apply to the same extent as if the members of the

latter company had owned the shares directly in

the company.

(c) The provisions of this subarticle shall

apply where a member of a company resident in

Malta is a resident of a State or territory with

which Malta has made an arrangement under the

provisions of this Act for the grant of relief from

double taxation, and under that arrangement the

said company is entitled to require that the gains

or profits, or part thereof, derived by it and which

are distributable by way of dividend, be subject

to tax at a lower rate as aforesaid,

notwithstanding that the dividend, or part thereof

has not been distributed."; and

(g)

subarticle (21) thereof shall be amended as follows

(i) in the first paragraph thereof, the words " who

for the purposes of this subarticle, is not deemed to be

ordinarily resident in Malta" shall be deleted; and

(ii) in sub-paragraph (i) of paragraph (c) of the

proviso thereto, the words "an individual is to be deemed

as being not ordinarily resident in Malta and under which"

shall be deleted.

21. In paragraph (a) of subarticle (1) of article 59 of the

principal Act, the words "and other than a dividend referred to in

article 12(1)(p)" shall be deleted.

22. Subarticle (5) of article 68 of the principal Act shall be

substituted by the following new subarticle

"(5) When any person is registered in

terms of article 48(4A) of the Income Tax

Management Act for the purposes of claiming a

refund of tax chargeable on a company and that

company has any profits allocated to its Maltese

Taxed Account or its foreign income account the

whole or part of which are actually distributed or

deemed to be distributed under any provision of

the Income Tax Acts, such person who is so

registered shall be deemed to have received,

whether upon an actual distribution or deemed

distribution as aforesaid, so much of such profits

from each such account as corresponds to his

percentage entitlement to participate in a

distribution of profits of the said company. Any

provisions in the memorandum and articles of

association of the company or in any agreement

which provide that a shareholder, who is so

registered, shall be entitled to be paid dividends

solely or mainly from the Maltese Taxed

Account or the foreign income account shall be

disregarded for the purpose of the Income Tax

Acts

Provided that where profits have been

subject to tax at a rate pursuant to article 15 of

the Business Promotion Act or article 56(20) of

this Act, the provisions of this subarticle shall

not apply as regards such profits and unless the

shares (including any shares substituting the

original shares resulting from any share

exchange or reorganisation) which gave rise to

the entitlement that such profits be taxed in

accordance with the aforementioned articles are

no longer in existence, such profits shall be

distributable only to the person in respect of

whom the aforementioned articles were

applicable or to any other person who acquired

the shares from such person.".

23. Article 76 of the principal Act shall be amended as Amendment of

article 76 of the

principal Act.

(a)

subarticle (1) thereof shall be substituted by the

following

"(1) If the Minister responsible for finance by

order declares that arrangements specified in the order

have been made with the Government of any territory

outside Malta with a view to -

(a) affording relief from double

taxation in relation to income tax and any tax of

a similar character imposed by the laws of that

territory;

(b)

preventing fiscal evasion;

(c)

giving assistance in the collection

of tax;

and that it is expedient that those arrangements should

have effect, the arrangements shall have effect

notwithstanding anything in this or any other enactment.";

and

(b) subarticle (4) thereof shall be substituted by the

following

"(4) The Minister responsible for finance may

make rules for carrying out the provisions of any

arrangements having effect under this article. In particular,

with regard to arrangements for the prevention of fiscal

evasion, rules may be made in relation to -

(a) the

availability

of

applicable

information;

(b) the

access

to

applicable

information;

(c) the mechanism of exchange of

information;

(d) appropriate rights and safeguards;

and enforcement provisions (including

applicable penalties).".

24. For subarticle (7) of article 89 of the principal Act, there

shall be substituted the following

"(7) The provisions of this article shall not apply in the

case of gains or profits referred to in article 23.".

PART III

25. This Part amends the Financial Administration and Audit

Act and it shall be read and construed as one with the Financial

Administration and Audit Act, hereinafter in this Part referred to as

"the principal Act".

26. Article 13 of the principal Act shall be renumbered as

subarticle (1) thereof, and immediately thereafter there shall be added

the following new subarticle

"(2) The Minister may delegate his authority to authorise

an accounting officer to open any public or official account in

any bank in accordance with subarticle (1) to any public officer

not below the rank of Director General.".

PART IV

27. This Part amends the Social Security Act and it shall be

read and construed as one with the Social Security Act, hereinafter in

this Part referred to as "the principal Act ".

28. In article 2 of the principal Act, the definition "Service

Pension" shall be amended as follows

(a)

paragraph (vii) thereof shall be renumbered as

paragraph (viii);

(b) in paragraph (vi) thereof, for the words "another

€200; and" there shall be substituted the words "another two

hundred euro (€200);"; and

(c)

immediately after paragraph (vi) thereof, there shall

be added the following new paragraph

"(vii) with effect from the 1st January 2011, for the

purposes of calculating the rate of a pension under this

Act, a service pension net of another two hundred euro

(€200); and ".

29. Immediately after subarticle (6) of article 17 of the Amendment of

article 17 of the

principal Act, there shall be inserted the following new subarticle

principal Act.

"(7) For the purposes of this article, insofar as

contributions are concerned, any Class Two contributions paid

by an insured part-time female self-occupied person in any

contribution year after the 3rd January 2011 at a rate which is

below the maximum rate for category SA established in Part III

of the Tenth Schedule, shall be multiplied

(a) by the proportion of the actual total value of

pro-rata SA contributions paid by the part-time self-

occupied person during a contribution year, in accordance

with Part III in the Tenth Schedule to this Act, bears to the

full value of contributions that would have been due under

the provisions of this Act during the said contribution year,

had the self-occupied person concerned not opted to pay a

pro-rata contribution according to the Tenth Schedule to

this Act; and

(b) for the purposes of determining entitlement to

any benefit, pension, grant or allowance, by the resulting

number of such weighted contributions for that

contribution year as calculated in terms of paragraph (a) of

this subarticle, and shall be considered as the actual

number of contributions paid by and in respect of the self-

occupied person during the said contribution year for such

benefit, pension, grant or allowance under this Act.".

30. Immediately after article 2 of Part VI of the Second Amendment of

Schedule to the principal Act, there shall be added the following new the

Schedule to the

principal Act.

"3. In calculating the income or privilege

which is, or could be received or enjoyed by any

member of the household as aforesaid in this Part

no account shall be taken of the income or part

thereof of the wife of a head of household from a

gainful activity

Provided that during the period in respect

of which such income is due, the sum to be

ignored shall in no case exceed an amount

equivalent to the difference between the national

minimum wage as is applicable to persons of 18

years of age or over established by a national

standard order issued under the Employment and

Industrial Relations Act and the scale rate as

applicable to a household of two persons, as

determined by Part I of the Sixth Schedule to this

Act.".

PART V

31. (1) This Part of this Act amends the Duty on Documents

and Transfers Act and it shall be read and construed as one with the

Duty on Documents and Transfers Act, hereinafter in this Part

referred as "the principal Act".

(2) The provisions of article 40 shall be deemed to have come

into force on the 1st January, 2011.

32. Article 2 of the principal Act shall be amended as follows

(a)

for the definition "body of persons" there shall be

substituted the following

" "body of persons" includes any company,

partnership, fellowship, society of persons, or other

association of persons, whether corporate or unincorporate,

and whether vested with legal personality or not;"; and

(b) immediately after the definition "Commissioner"

there shall be added the following new definition

" "company" has the same meaning

assigned to it in article 2(1) of the Income Tax

Act;

(c)

immediately after the definition "Minister" there

shall be added the following new definition

" "partnership" means

(a)

any partnership constituted

under the Companies Act or under the

Commercial Partnerships Ordinance, being

either a commercial partnership en nom

collectif or commercial partnership en

commandite the capital of which is not

divided into shares or any other partnership

having a legal personality distinct from that

of its members constituted, incorporated or

registered under any other law in force in

Malta;

(b) any

body

of

persons

constituted, incorporated or registered

outside Malta, and of a nature similar to the

aforesaid partnerships; and"; and

(d) in the definition "transfer" immediately after the

words "in accordance with the provisions of article 42B of this

Act," there shall be added the words "and for the avoidance of

doubt includes any transfer of an asset by a company to its

shareholders, or by a partnership to its members, in the course

of winding up the company or partnership or in the course of a

distribution of assets to its shareholders or members pursuant to

a scheme of distribution,".

33. In subarticle (1) of article 16 of the principal Act, for the Amendment of

words "and the provisions of article 466 of the Code of Organization article

principal Act.

and Civil Procedure" there shall be substituted the words "and the

provisions of article 60A of this Act".

34. Immediately after paragraph (b) of subarticle (6) of article Amendment of

32 of the principal Act, there shall be added the following new article

principal Act.

paragraph

"(c) Notwithstanding the foregoing provisions of this

article, no duty shall be chargeable on a transfer of immovable

property by a company to its shareholder in the course of

winding up or in the course of a distribution of assets pursuant

to a scheme of distribution, where the said shareholder is an

individual or his spouse who owns or own all of the share

capital (disregarding the holding of one share having no

preferential rights) of the said company transferring the

property as aforesaid and the Commissioner issues a certificate

attesting that he is satisfied that the requirements and conditions

under this paragraph are fulfilled

Provided that this paragraph shall only apply and the

Commissioner shall only issue a certificate, where all the

following conditions have been satisfied

(i) the said shareholder held all of the share

capital (disregarding the holding of one share having no

preferential rights) of the company transferring the said

immovable property for a period exceeding five years

immediately preceding the date of the transfer of the

property as aforesaid;

(ii) the said immovable property consists of one

transferable unit, being either a dwelling house, garage,

shop, office, store or warehouse;

(iii) the said immovable property is held as a

capital asset by the company and has been so held for a

period exceeding five years immediately preceding the

date of the transfer of the property as aforesaid.".

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

(a)

paragraph (a) of subarticle (1) thereof shall be

substituted by the following

"(a) on every transfer inter vivos, whether

executed in Malta or outside Malta, of foreign

marketable securities held in a property company

as defined in article 2(1) of the Income Tax Act

made to, or by any person resident in Malta and

on every document whereby any foreign

marketable security is transferred inter vivos to,

or by any person resident in Malta

Provided that where the marketable

securities in question are not held in a property

company as defined in article 2(1) of the Income

Tax Act, no duty shall be chargeable where such

transfer is effected through a local bank or

through a person holding an investment services

licence under the Investment Services Act. For

the purpose of this proviso, the provisos to the

said definition of "property company" in article

2(1) shall not apply;"; and

(b) for the second proviso to paragraph (b) of subarticle

(1) thereof, there shall be substituted the following

"Provided further that where any company

referred to in the immediately preceding proviso

is a "property company", the immediately

preceding proviso shall only apply where the

individual, direct or indirect, beneficial owners

of the companies referred to in the said proviso

are the same and each such individual holds,

directly or indirectly, substantially the same

percentage interest in the nominal share capital

and voting rights in each of the said companies

both before and after the transfer or exchange, as

the case may be. The provisions of article

32(6)(b) shall apply mutatis mutandis for the

purpose of making such determination.

For the purpose of this proviso "property

company" shall have the same meaning assigned

to it in article 2(1) of the Income Tax Act but the

provisos to the said definition shall not apply.".

36. Article 42B of the principal Act shall be amended as Amendment of

article 42B of

follows

the principal

Act.

(a)

in paragraph (i) of the proviso thereto, for the words

"or in the proportion in the real value" there shall be substituted

the words "and in the proportion in the real value"; and

(b) in paragraph (v) of the proviso thereto, for the words

"For the purpose of this paragraph "property company" shall

mean a company which owns any immovable property situated

in Malta, or any rights over such property, or a company which

holds, directly or indirectly, shares or interests in a body of

persons which owns any immovable property situated in Malta,

or any rights over such property." there shall be substituted the

words

"For the purpose of this paragraph

"property company" shall have the same

meaning assigned to it in article 2(1) of the

Income Tax Act but the provisos to the said

definition shall not apply.".

37. Immediately after article 42B of the principal Act there Addition of new

article to the

shall be added the following new article

principal Act.

" Duty on

42C. (1) A duty of two euro for every

transfer of an

one hundred euro or part thereof of the amount or

interest in a

value of the consideration or the real value,

partnership.

whichever is the higher, of an interest in a

partnership shall be charged

(a)

on every document whereby an

interest in a partnership, other than in a

foreign partnership, is transferred to or by

any person in Malta;

(b) on a deemed transfer of an

interest in a partnership referred to in

subarticle (3), other than in a foreign

partnership;

(c)

on every notice of the transfer

causa mortis of an interest in a partnership

made in accordance with article 45.

For the purpose of this article a transfer of

an interest in a partnership shall include a

transfer of a full or partial interest and any

alienation of any such full or partial interest in a

partnership and the term "foreign partnership"

shall mean a partnership, which satisfies all of

the following conditions

(i)

it

is

not

a

"property

partnership";

(ii) it does not hold marketable

securities in a company registered in Malta

as defined in article 2 of the Income Tax

Act;

(iii) it

is

not

constituted,

incorporated or registered under the

Companies Act or under the Commercial

Partnerships Ordinance or under any other

law in force in Malta.

For the purpose of this paragraph "property

partnership" shall have the same meaning

assigned to it in article 2(1) of the Income Tax

Act but the provisos to the said definition shall

not apply.

(2) The provisions of article 42(2) shall

apply mutatis mutandis to this article and

references to the term "company", where

applicable, shall be deemed to be references to a

"partnership" and references to "subarticle (1)"

shall be deemed to be references to "subarticle

(1) of article 42C".

(3) Where a person acquires or increases a

partnership share, there shall be a deemed

transfer of an interest in the partnership (to that

partner and from the other partners). "Partnership

share" means the share to which a person is

entitled in the income of the partnership and to

the assets available for distribution on the

winding up of the partnership

Provided that this subarticle shall only

apply where the partnership in question is a

commercial partnership en nom collectif or

commercial partnership en commandite the

capital of which is not divided into shares.

(4) Notwithstanding

the

provisions

contained in this Act, the Minister may make

rules determining the method of calculation of

the amount or value chargeable to duty in

relation to a transfer or deemed transfer of an

interest in a partnership and to prescribe any

matter that may be prescribed in relation to such

transfer.".

38. Article 43 of the principal Act shall be substituted by the Substitution of

article 43 of the

following

principal Act.

" Transfer of

43. (1) Every transfer inter vivos of

marketable

marketable securities or of an interest in a

securities and

partnership executed in Malta shall, under pain

of interests in

partnerships

of nullity, be made in writing.

executed in

Malta or

(2) Where the transfer of any foreign

abroad.

marketable security or of an interest in a

partnership is executed outside Malta upon an

order given directly in Malta by any person, such

person shall give a notice in writing to the

Commissioner of such transfer in such manner

and in such term as may be prescribed

Provided that a notice given as aforesaid

may stipulate that it will apply also to other

transfers of marketable securities and interests in

partnerships executed outside Malta that may be

made in the future by the same person, in which

case that person will not be required to give

notice of such further transfers

Provided further that notice shall not be

given where duty is not chargeable under any of

the provisions of this Act.".

39. Article 45 of the principal Act shall be substituted by the

following

"45. (1) A person to whom an interest in a partnership

registered in Malta or shares in a company registered in Malta,

are transmitted causa mortis (hereinafter in this article referred

to as a "transferee causa mortis") shall not later than such term

after the happening of the transfer causa mortis as may be

prescribed, give notice to the Registrar of Companies.

(2) The notice referred to in subarticle (1) shall contain

such particulars of the person from whom the transfer causa

mortis originates and of the transferee causa mortis, the details

of the shares or interest being the object of the transfer and the

manner in which the shares or interest devolved on the

transferee causa mortis, as may be prescribed.

(3) The Registrar of Companies shall register the notice

referred to in subarticle (1) in a register which shall be open to

public inspection, and which shall be kept and indexed in such

manner as may be prescribed.".

40. Article 47 of the principal Act shall be amended as

follows

(a) in subarticle (9) thereof, for the words "the relevant

conditions and provisions are satisfied." there shall be

substituted the words "the relevant conditions and provisions

are satisfied:" and immediately thereafter there shall be added

the following new proviso

"Provided that any such determination made in

relation to a company which falls under subarticle (3)(c),

shall, in so far as it is valid as at 31st December, 2010, be

considered, as from 1st January, 2011, to be a

determination made in relation to a company which falls

under subarticle (3)(e)."; and

(b) in paragraph (a) of subarticle (10) thereof for the

words "company the assets of which consist wholly or

principally of immovable property situated in Malta" there shall

be substituted the words " "property company" as defined in

article 2(1) of the Income Tax Act".

41. Article 48 of the principal Act shall be substituted by the Substitution of

article 48 of the

following

principal Act.

" Penalty for

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Save as otherwise provided in this Act

contravening

any person who fails to comply with any of the

articles 32, 33,

provisions of articles 32, 33, 39, 40, 41, 42, 42B,

39 to 43, 45

and 46.

42C, 43, 45 or 46 shall be liable to a penalty of

not less than twenty-three euro (€23) but not

exceeding one thousand, one hundred and sixty

euro (€1,160) for each omission.".

42. In subarticle (5) of article 52 of the principal Act, for the Amendment of

words "within six years" in the proviso thereto, there shall be article

principal Act.

substituted the words "within four years".

43. In subarticle (3) of article 56 of the principal Act, for the Amendment of

words "as desired by such person." there shall be substituted the article

principal Act.

words "as desired by such person within three years from the date of

receipt of the aforementioned notice of objection.".

44. Immediately after article 60 of the principal Act, there Addition of new

articles to the

shall be added the following new articles

principal Act.

" Executive

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

(1) An assessment which is final

title.

and conclusive in accordance with article 60 of

this Act shall be an executive title within the

meaning and for the purposes of Title VII of Part

I of Book Second of the Code of Organisation

and Civil Procedure.

(2) If duty and, or additional duty and, or

interest is not paid as prescribed in this Act, the

Commissioner shall serve a demand note upon

the person liable for the payment, and if payment

is not made within fifteen days from the date of

the service of such demand note, the

Commissioner may enforce payment in virtue of

the executive title referred to in subarticle (1),

after two days from the service of an intimation

for payment made by means of a judicial act.

Limitation of

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

(1) Save as otherwise expressly

action for

provided in this Act, no action for payment of

payment of

duty.

duty and, or additional duty and, or interest may

be taken after the lapse of five years from the

date on which the relative assessment becomes

final and conclusive.

(2) The running period of prescription

specified in this article shall be interrupted by

any judicial act filed before the expiration of

such period by the Commissioner whereby any

payment of duty is claimed.".

45. In subarticle (1) of article 61 of the principal Act, for the

words "last known business or private address." there shall be

substituted the words "last known business or private address:", and

immediately thereafter there shall be added the following new

proviso

"Provided that where such notice is not made because the

taxpayer could not be found or for other reasons attributable to

him and the Commissioner publishes a notice in the Gazette and

in one or more daily newspapers stating that a notice has been

made and inviting the taxpayer to call for it at the Department,

then such notice shall also be deemed to have been duly

notified.".

PART VI

46. (1) This Part of this Act amends the Motor Vehicles

Registration and Licensing Act and it shall be read and construed as

one with the Motor Vehicles Registration and Licensing Act,

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

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

into force on the 1st January, 2011.

47. Article 2 of the principal Act shall be amended as follows

(a)

for the definition "brought into Malta" there shall be

substituted the following

" "brought into Malta" means the entry into Malta

of a motor vehicle coming from -

(a)

a Member State,

(b)

the Channel Islands (Guernsey and

Jersey),

(c)

the Isle of Man,

(d)

Monaco,

(e)

Andorra, or

(f)

San Marino

and which was put into free circulation in such Member

State, or in the Channel Islands, or in the Isle of Man, or in

Monaco, or in Andorra, or in San Marino, as the case may

be, prior to entry into Malta;";

(b) immediately after the definition "circulation licence

fee" there shall be added the following new definition

" "circulation permit" means the permit issued

annually by the Authority in terms of the provisions of the

provisos to item 6 of the Fourth Schedule;";

(c)

immediately after the definition "Council

Regulation (EEC) No 684/92" there shall be added the

following new definition

" "depreciation" means, for the purpose of this Act,

the reduction in value of a motor vehicle resulting from use

and obsolescence. Depreciation is calculated from the

vehicle’s date of first registration and allows for the

original value of the vehicle to be modified for the

purposes of tax deduction;";

(d) for the definition "Euro 2", "Euro 3", "Euro 4 and

over", "Euro II", "Euro III", and "Euro IV and over" there shall

be substituted the following

" "Euro 2", "Euro 3", "Euro 4", "Euro 5", "Euro 6",

"Euro II", "Euro III", "Euro IV", "Euro V" and "Euro VI"

mean the emission standards set for all motor vehicles

under Directive 70/220/EEC, Directive 88/77/EEC,

Directive 1999/96/ EC, Directive 2005/55/EC, Regulation

(EC) No 715/2007 and Regulation 595/ 2009;";

(e)

immediately after the definition "invoice" there shall

be added the following new definition

" "Latest Euro Standard" means and corresponds to

the dates set out in the current EU Directives and

Regulations establishing emission limits for the

registration of new motor vehicles;";

(f)

immediately after the definition "registration tax"

there shall be added the following new definition

" "Regulation (EC) No 715/2007" means

Regulation (EC) No 715/2007 of the European Parliament

and of the Council on type approval of motor vehicles with

respect to emissions from light passenger and commercial

vehicles (Euro 5 and Euro 6) and on access to vehicle

repair and maintenance information;"; and

(g) in the definition "special purpose vehicle", for the

words "and comprising those listed in the First Schedule" there

shall be substituted the words "and classified under the First

Schedule".

48. In the Maltese version of subarticle (2) of article 9 of the

principal Act, for the words "Il-valur ta’ reāistrazzjoni ta’ vettura bil-

mutur fil-kategorija M1 ādida, motor cycle, quad bike," there shall be

substituted the words "Il-valur ta’ reāistrazzjoni ta’ vettura bil-mutur

uŜata fil-kategorija M1, motor cycle, quad bike;".

49. Article 19 of the principal Act shall be amended as

(a)

immediately after paragraph (c) of subarticle (2)

thereof, there shall be added the following new paragraph

"(d) The Minister responsible for finance may

delegate his authority to any person to put into effect the

exemption under subarticle (2)(a)."; and

(b) for the proviso to subarticle (3)(i) thereof, there shall

be substituted the following

"Provided that the vehicle has been registered in

the name of that person or in the name of his or her spouse

for at least twenty-four consecutive months at the time of

transfer of residence to Malta and that person has been

residing outside Malta for a continuous period of at least

twenty-four months at the time of transfer of residence to

Malta

Provided further that where a motor vehicle is

brought or imported into Malta not more than six months

before the time of transfer of residence by the person

transferring his residence, that vehicle shall qualify for the

exemption if both the said vehicle and the person

transferring his residence meet the conditions prescribed in

regulations made under this Act

Provided further that that person shall not have

been granted an exemption from registration tax in respect

of another motor vehicle in the previous eight years;".

50. Article 24 of the principal Act shall be amended as Amendment of

article 24 of the

principal Act.

(a) in the marginal note thereto for the words "in 2008

and in 2009" there shall be substituted the words "in 2010";

(b)

subarticles (1), (2) and (3) thereof shall be deleted;

and

(c) subarticle (4) thereof shall be renumbered as the

whole article and shall be amended as follows

(i) in sub-paragraph (ii) of paragraph (a) thereof,

for the words "December 2011:" there shall be substituted

the words "December, 2011." and the proviso thereto shall

be deleted;

(ii) paragraphs (b) to (f) thereof shall be

renumbered as paragraphs (c) to (g);

(iii) immediately after paragraph (a) thereof, there

shall be inserted the following new paragraph

"(b) An authorised motor vehicle importer

or motor dealer who by the 25th October, 2010, has

had in stock or had ordered motor vehicles other

than M1 vehicles or motor cycles, and who had

delivered a list of the said vehicles to the Authority

before the 24th January, 2011 -

(i) shall be deemed to have

registered the said vehicles prior to the 1st

January, 2011, unless the authorised motor

vehicle importer or dealer decides otherwise;

and

(ii) shall pay the registration tax

thereof by the 31st December, 2011

Provided that where it results to the

Authority that a motor vehicle which is on the list

notified to it by an authorised motor vehicle

importer or motor vehicle dealer, in terms of the

provisions of this paragraph and of paragraph (a) of

this article, was not so ordered or was not in stock,

the Authority shall consider the said motor vehicle

not registered in terms of this article.";

(iv) in paragraph (c) thereof, as renumbered, for

the words "1st January, 2010" there shall be substituted the

words "1st January, 2011";

(v) in paragraph (d) thereof, as renumbered, for

the words "9th November" there shall be substituted the

words "25th October, 2010", and for the words "31st

December, 2009", wherever they appear, there shall be

substituted the words "31st December, 2010"; and

(vi) in paragraph (g) thereof, as renumbered, for

the words "9th November, 2009" there shall be inserted the

words "25th October, 2010", for the words "1st January,

2010", wherever they appear, there shall be substituted the

words "1st January, 2011", and for the words "31st

October, 2010" there shall be substituted the words "24th

January, 2011".

51. For Category A of the First Schedule to the principal Act,

there shall be substituted the following

"Category A: N1, N2 and N3 vehicles, special purpose vehicles,

tractor units and light weight three-wheeled vehicles having the

characteristic of a motor vehicle

N1 vehicles, special purpose vehicles, tractor units and light

weight three-wheeled vehicles having the characteristic of a motor

Latest Euro standard

vehicles with a maximum authorised mass of up

to 1,305 kg

Kg x 0.40 + cc x 0.45 x €1

v eh icl es wi t h a m axi m um au th or i sed m as s

exceeding 1,305 kg up to 1,760 kg

Kg x 0.45 + cc x 0.50 x €1

v eh icl es wi t h a m axi m um au th or i sed m as s

exceeding 1,760 kg up to 3,500 kg

Kg x 0.50 + cc x 0.55 x €1

Latest Euro standard -1

vehicles with a maximum authorised mass of up

to 1,305 kg

Kg x 1.00 + cc x 1.10 x €1

v eh ic le s w it h a m ax im u m au t ho ri sed ma ss

exceeding 1,305 kg up to 1,760 kg

Kg x 1.10 + cc x 1.20 x €1

v eh ic le s w it h a m ax im u m au t ho ri sed ma ss

exceeding 1,760 kg up to 3,500 kg

Kg x 1.20 + cc x 1.30 x €1

Latest Euro standard -2

vehicles with a maximum authorised mass of up

to 1,305 kg

Kg x 6.00 + cc x 6.00 x €1

v ehi cle s wi th a m axi mu m au tho r ised m ass

exceeding 1,305 kg up to 1,760 kg

Kg x 7.00 + cc x 7.00 x €1

v eh ic le s w it h a m ax im u m au t ho ri sed ma ss

exceeding 1,760 kg up to 3,500 kg

Kg x 8.00 + cc x 8.00 x €1

Latest Euro standard -3 and older

vehicles with a maximum authorised mass of up

to 1,305 kg

Kg x 25.00 + cc x 25.00 x €1

v ehi cle s wi th a m axi mu m au tho r ised m ass

exceeding 1,305 kg up to 1,760 kg

Kg x 27.00 + cc x 27.00 x €1

v eh ic le s w it h a m ax im u m au t ho ri sed ma ss

exceeding 1,760 kg up to 3,500 kg

Kg x 30.00 + cc x 30.00 x €1

N2 vehicles, special purpose vehicles and tractor units

Latest Euro standard and Latest Euro standard -1

vehicles with a maximum authorised mass

exceeding 3,500 kg up to 12,000 kg

Latest Euro standard -2

vehicles with a maximum authorised mass

exceeding 3,500 kg up to 12,000 kg

Kg x 5.00 + cc x 7.00 x €1

Latest Euro standard -3 and older

vehicles with a maximum authorised mass

exceeding 3,500 kg up to 12,000 kg

Kg x 12.00 + cc x 15.00 x €1

N3 vehicles, special purpose vehicles and tractor units

Latest Euro standard and Latest Euro standard -1

vehicles with a maximum authorised mass

exceeding 12,000

Latest Euro standard -2

vehicles with a maximum authorised mass

exceeding 12,000 kg up to 25,000 kg

Kg x 2.10 + cc x 2.50 x €1

vehicles with a maximum authorised mass

exceeding 25,000 kg

Kg x 2.70 + cc x 3.50 x €1

Latest Euro standard -3 and older

vehicles with a maximum authorised mass

exceeding 12,000 kg up to 25,000 kg

Kg x 9.00 + cc x 12.00 x €1

vehicles with a maximum authorised mass

exceeding 25,000 kg

Kg x 10.00 + cc x 13.00 x €1

Tax rate formula

Following the application of the relevant tables under the

heading, the total amount of the registration tax shall be equal to the

sum total of the maximum authorised mass (kg) of a motor vehicle

multiplied by the factor indicated plus the cubic capacity (cc) of the

engine of a motor vehicle multiplied by the factor indicated multiplied

by €1 and, in respect of used vehicles, this sum shall be multiplied by

the difference between 100% and the aggregate percentage consisting

of the percentage of the total annual depreciation as specified in the

table hereunder plus 0.5% for each 10,000 kms showing on a vehicle’s

odometer

{[(kg x Y) + (cc x Y)] x €1} x {100% - [Y% of total annual

depreciation + 0.5% for each 10,000 kms]}

Provided that the maximum depreciated value of a motor

vehicle in this category shall not exceed 95%, and once this value is

reached there shall be no further reductions.

Depreciation according to year of first registration of vehicle

Year

Annual Depreciation

Total Depreciation

12%

12%

14%

26%

19%

45%

5%

50%

4 onwards

5%

55%

5%

60%

5%

65%

5%

70%

5%

75%

5%

80%

5%

85%

5%

90%

5%

95%

13 onward

N/A

95%

For the purpose of registration tax, where a vehicle used for the

transport of goods (N1, N2 and N3), or a special purpose vehicle or a

tractor unit, whose year of manufacture falls under any of the following

years of manufacture, is not accompanied by a certificate showing the

emission levels equivalent to Euro standards, the registration tax rates

to be paid thereon shall be equivalent to those under the different Euro

standards

Up to and including

Euro 3 / III Euro 4 / IV Euro 5 / V

Euro 6 / VI

Category

Euro 2 / II

Up to and including

2001 to

2006 to

2011 to

from 2015

year 2000

Up to and including

2001 to

2006 to

2009 to

from 2014

year 2000

Up to and including

2001 to

2006 to

2009 to

from 2014

year 2000

Where an importer or dealer or owner of a motor vehicle provides

a certificate as approved by an accredited technical service established

within a Member State, that the engine of that particular vehicle meets

lower emissions despite the vehicle’s year of manufacture, that vehicle

shall on registration be taxed the rate pertaining to its equivalent Euro

standard.".

52. The Second Schedule to the principal Act shall be amended Amendment of

the Second

as follows

Schedule to the

principal Act.

(a) in the heading thereof, for the words "quadricycles

and motor cycles (including electric and hybrid electric motor

vehicles)" there shall be substituted the words "quadricycles,

motor cycles and quad bikes (including electric and hybrid

electric motor vehicles)";

(b) for the words "Category A: M1 motor vehicles

(including vehicles to be registered to be used as taxicars, self-

drive vehicles and chauffeur driven vehicles), motor cycles,

quadricycles and quad bikes, whether new or used:" there shall

be substituted the words "Category A: M1 motor vehicles

(including vehicles to be registered to be used as taxicars, self-

drive vehicles and chauffeur driven vehicles), whether new or

used:";

(c)

in paragraph (5) under the heading "Tax Rate

Formula" thereof, for the words "20%" there shall be substituted

the words "30%"; and

(d)

for item 2 of Category F thereof, there shall be

substituted the following

"2. M2 and M3 motor vehicles, including trackless trains and

amphibious motor vehicles

Latest Euro standard -3

Latest Euro

Latest Euro

and older

standard -2

standard and

Latest Euro

standard -1

Kg x 12.00 + cc x

Kg x 1.50 + cc x

15.00 x €1

2.40 x €1

Kg x 10.00 + cc x

Kg x 2.20 + cc x

12.00 x €1

2.60 x €1

In respect of used vehicles, the total amounts of registration tax

reached using any of the above formulas shall be multiplied by the

difference between 100% and the aggregate percentage consisting of

the percentage of the total annual depreciation as specified in the table

titled "Depreciation according to age of vehicle" in Category A of the

First Schedule hereof, plus 0.5% for each 10,000 kms showing on a

vehicle’s odometer.

For the purpose of registration tax, where an M2 or M3 vehicle,

whose year of manufacture falls under any of the following years of

manufacture, is not accompanied by a certificate showing the emission

levels equivalent to Euro standards, the registration tax rates to be paid

thereon shall be equivalent to those under the following different Euro

standards

Up to and including Euro II

Euro III

Euro IV and over

Up to and including year 2000

2001 to 2005

2006 onwards

Up to and including year 2000

2001 to 2005

2006 onwards

Where an importer or dealer or owner of a motor vehicle provides

a certificate as approved by an accredited technical service established

within a Member State, that the engine of that particular vehicle meets

lower emissions despite the vehicle’s year of manufacture, that vehicle

shall on registration be taxed the rate pertaining to its equivalent Euro

standard.";

(e)

for Category G thereof there shall be substituted the

following

"Category G: other motor vehicles

Rate of Tax

Percentage of RV

0%

1. Ambulances, whether new or used .....

0%

2. Motor vehicles, go-karts, quad bikes

and motor cycles not to be used on the

road other than in authorised races

only, whether new or used ..................

0%

3. Caravans, and motor homes, whether

new or used ........................................

50%

4. Motor hearses (new only) ...................

30%"; and

(f)

in category H thereof, for the words "M1 vehicles",

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

vehicles".

53. The Fourth Schedule to the principal Act shall be amended Amendment of

the Fourth

as follows

Schedule to the

principal Act.

(a)

in item 6 thereof, for the words "M1 motor vehicles"

there shall be substituted the words "category M motor

vehicles", for the words "(vi) more than 2000cc

..................................... 204" there shall be substituted the

words "(vi) more than 2000cc ..................................... 204:" and

immediately thereafter there shall be added the following

provisos

"Provided that a person who has more than one

such vehicle registered in his name, may opt to have those

vehicles covered by one or more circulation permits. The

fee for a permit covering a joint number of vehicles shall

be equivalent to the highest annual circulation licence

payable on each of those vehicles covered by that permit.

Each such group of vehicles may additionally be covered

by a subsequent permit or permits the fee of which shall be

equivalent to the next highest annual circulation licence

payable for those vehicles. An administrative fee of €8

shall be payable to the Authority for each of the other

vehicles covered by the permit

Provided further that no person may at any one

time use on the road more vehicles than what is permitted

by the circulation permit.";

(b) item 7 thereof shall be renumbered as sub-item (a)

and immediately thereafter there shall be added the following

new sub-item

"(b) the provisions of the provisos to item 6 shall

mutatis mutandis apply to motor vehicles classified under

this item.";

(c)

item 8 thereof shall be renumbered as sub-item (a)

and immediately thereafter there shall be inserted the following

new sub-item

"(b) the provisions of the provisos to item 6 shall

mutatis mutandis apply to motor vehicles classified under

this item."; and

(d) in item 16 thereof, for the figure "€0" there shall be

substituted the figure "€10".

PART VII

54. (1) This Part of this Act amends the Income Tax

Management Act and it shall be read and construed as one with the

Income Tax Management Act, hereinafter in this Part referred as "the

principal Act".

(2) The provisions of article 63 shall be deemed to have come

into force on the 1st January, 2011.

55. In subarticle (3) of article 5 of the principal Act, for the

words "Trusts and Trustees Act, or is licensed under" there shall be

substituted the words "Trusts and Trustees Act, a central securities

depository authorised under article 24 of the Financial Markets Act or

is licensed under".

56. In subarticle (4) of article 10 of the principal Act, for the

words "company resident in Malta" there shall be substituted the

words "company registered in Malta".

57. Article 14 of the principal Act shall be amended as

follows

(a)

the present provisions thereof shall be renumbered

as subarticle (1); and

(b) immediately after subarticle (1) as renumbered,

there shall be added the following new subarticles

"(2) Notwithstanding any provision of the

Income Tax Acts or any other law the

Commissioner may, for the purpose of obtaining

full information in respect of any person’s

income, give notice in writing to such person

requiring him to furnish the Commissioner

within the time indicated in such notice, not

being less than thirty days from the date of

service of such notice, a statement containing

particulars of -

(a)

all property held in his own

name or in the name of his spouse, minor

children or dependents, or in any other

name, in which he is or has been interested

or has or has had a beneficial interest, or in

respect of which he has or has had the

power to operate or dispose, jointly or

solely, in his own economic interest and

which property is in existence or which has

existed at any time during the period stated

in the notice;

(b) all income derived from the

property referred to in paragraph (a);

(c)

all other property wherever

situated not referred to in paragraph (a) and

the income derived therefrom;

(d) any property transferred or

delivered by him to, or which is currently

held by, any person, including a designated

person referred to in subarticle (3), during

the period or periods specified in such

notice; and

(e)

all facts bearing upon his

liability to income tax which he is, or has

been, liable to.

(3) (a)

Where, subsequent to a request

for information made in accordance with the

provisions of subarticles (1) and (2), the

Commissioner has reasonable grounds to suspect

that tax has been, is, or may be evaded by any

person, he may request, by notice in writing to a

designated person, that the designated person

provide the Commissioner, within the time

indicated in such notice not being less than thirty

days from the date of service of such notice, with

all such information and documentation which

the designated person may have relating to

property of any kind or description, transferred

or delivered to him by that person and owned,

possessed, or held by the designated person

under any title on behalf of or for the benefit of

any such person on the date of the said notice or

during the period specified in such notice not

commencing earlier than five years from the date

of such notice; provided that the designated

person shall not be bound to provide information

to the Commissioner in respect of any

beneficiaries for whose benefit the property may

be held or the terms and conditions under which

it is so held.

(b) Any designated person who receives

such notice shall provide the Commissioner with

the information requested in the notice and this

notwithstanding anything to the contrary in the

Income Tax Acts, any provision of the

Professional Secrecy Act, any obligation of

secrecy or confidentiality, or to any other

restriction relating to the disclosure of

information whether arising from a provision of

law or any agreement or other arrangement.

The Commissioner shall keep confidential

any information provided to him by the

designated person and shall not disclose such

information to any other person except where the

Commissioner is bound at law to effect such

disclosure or where he requires to use such

information in the context of proceedings under

this Act; provided that the Commissioner may

report any act or failure by the designated person

to the relevant regulatory authority which issued

a licence or authorization to such designated

person.

Any information obtained by the

Commissioner shall be used by him solely for the

purpose of the investigation being carried out by

the Commissioner as to whether tax has been, is,

or may be evaded by the relevant person being

investigated and, or any related proceedings

under this Act.

(c) The Commissioner shall specify in a

notice issued under this article what information

he requires and whether with reference to the

property held on the date of the notice and, or at

any point during a period of time (not

commencing earlier than five years from the date

of such notice), and the designated person

receiving the notice shall supply the following

information

(i)

details of any such property

owned, possessed or otherwise held under

any title and which had been transferred or

delivered (whether directly or indirectly

through a transaction or a number of

transactions which the designated person is

aware of) to the designated person or

vested in such designated person by or on

the instructions of the person in respect of

whom notice has been given by the

Commissioner to the designated person in

terms of paragraph (a) of this subarticle;

and

(ii) details of the person or persons

who transferred or delivered or made

arrangements for the designated person to

receive the property or on whose behalf the

property was so transferred delivered or

vested in the designated persons

Provided that this paragraph (c) shall also

apply to any property transferred or delivered to

the designated person and is no longer held by

the designated person or has been converted into

a different form of property or has increased or

decreased in value or extent or has been

transferred to another designated person, but

shall not apply where the property has been held

temporarily for the purpose of a transaction and

has been returned to the person who is being

investigated.

(d) If the designated person in receipt of a

notice -

(i)

has not held any property which

was transferred or delivered (whether

directly or indirectly through a transaction

or a number of transactions which the

designated person is aware of) to the

designated person or vested in such

designated person by the person in respect

of whom notice has been given by the

Commissioner to the designated person in

terms of paragraph (a) of this subarticle; or

(ii) holds or has held the aforesaid

property on a temporary basis or as a

simple administrator; or

(iii) has returned the aforesaid

property to the person in respect of whom

notice has been given by the Commissioner

to the designated person in terms of

paragraph (a) of this subarticle,

he shall inform the Commissioner accordingly

and shall have no further obligations in this

regard unless the Commissioner seeks further

information specifically on such circumstances

in which case the provisions of this article shall

apply mutatis mutandis.

(e) Where a notice has been given by the

Commissioner to a designated person in terms of

paragraph (a) of this subarticle, the

Commissioner shall, within fifteen days of issue

of such notice, inform by a further notice in

writing the person in respect of whom such

notice was given, that he has issued a notice

under this article, and any designated person in

receipt of any such notice may inform his

customer, principal or other person who may

have delivered, settled, donated or otherwise

transferred property to the designated person of

the receipt of such notice and his response

thereto.

Such further notice in writing may be

served on a person either personally or by being

sent by post to his last known business or private

address, and shall in the latter case be deemed to

have been served within three working days from

the date it is sent by post.

(f) For the purposes of this article

(i) "property"

means

property of any kind or description,

whether movable or immovable,

personal or real, and wherever

situated, and in relation to rights and

interests whether vested, contingent,

voidable or future, and including any

money, investments, and amounts in

savings, loan and other bank accounts

(whether fixed, overdraft, current,

deposit, or otherwise, and whether

business or private accounts);

(ii) a designated person is

any person who may be acting as

mandatory, nominee, trustee, agent,

depository, custodian, under a contract

of work or otherwise, and includes

without limitation any of the

following

(A) a person who is in

possession of a valid licence

issued in terms of the Banking

Act; or

(B) a person who is

licensed in terms of the

Investment Services Act; or

(C) a person who is

authorized in terms of the

Insurance Business Act or

enrolled in the Brokers List

under

the

Insurance

Intermediaries Act; or

(D) a person who is

authorised under the Trusts and

Trustees Act to act as a trustee

or as an administrator of any

private foundation; or

(E) advocates,

notaries,

legal procurators, accountants,

auditors and other persons

holding warrants to exercise a

profession,

and irrespective of whether such

person is in actual possession of

authorisations or is exempt from

requiring such authorisations under

any law or is acting in breach of law

when holding such property without

authorisation required to do so by

applicable law;

(iii) owning, possessing and

holding property includes owning,

possessing and holding with others or

through others and, or enjoying a

power to operate or dispose of such

property in such manner as renders

secret the ownership rights or interests

of the person being investigated and

does not include circumstances where

such person remains registered as the

owner of the property in a public

register in Malta or where the

designated person is owning, holding

or possessing the property temporarily

for the purposes of a transaction

relating to or involving such property

or is otherwise a simple administrator

of such property;

(iv) reasonable grounds on

the part of the Commissioner to

suspect that tax has been, is or may be

evaded by any person shall include but

not be limited to the following

(A) a refusal by that

person

to

provide

the

Commissioner

with

any

documentation or information

as may have been requested

from him by the Commissioner

in relation to any property

which he owns, possesses, or

holds at that time through

another

person

including

designated persons, or any

property previously owned,

possessed

or

held

and

subsequently disposed of under

any title whatsoever by such

person at an earlier date;

(B) where a notice in

terms of article 29 is not made

as the taxpayer could not be

found or for other reasons

attributable to the taxpayer, and

in accordance with the said

article 29, the Commissioner

publishes a notice in the

Gazette and in one or more

daily newspapers stating that a

notice has been made and

inviting the taxpayer to call for

it at the Department;

(C) where, after being

requested by the Commissioner

by means of a notice in writing,

such person fails to produce

without any reasonable excuse

any books, records, documents,

accounts, electronic data and a

correct statement referred to in

subarticle (2) within thirty days

from the date of service of such

notice;

(D) such person gives

any false answer, whether

verbally or in writing, to any

question or request for

information asked or made in

accordance with the provisions

of the Income Tax Acts;

(E) such person prepares

or maintains any false books of

account or other records or

falsifies any books of account

or records.

(g) Where a designated person gives any

false, misleading or incorrect information in

relation to a notice issued under this subarticle he

shall be guilty of an offence and shall, on

conviction, be liable to a fine (multa) of not less

than ten thousand euro (€10,000) and not

exceeding

twenty-three

thousand

euro

(€23,000).".

58. In article 17 of the principal Act, for the words "and

subject to article 10A, no request for information shall be made" there

shall be substituted the words "and subject to articles 10A and 14(3),

no request for information shall be made".

59. In subarticle (1) of article 20 of the principal Act, for the

words "to inspect any books, documents, accounts and returns" there

shall be substituted the words "to inspect any books, documents,

accounts, returns and electronic data", and for the words "determining

the said value but shall not have any power under this article to seize

any item or remove it from the premises:" there shall be substituted

the words "determining the said value:".

60. In subarticle (5) of article 23 of the principal Act, for the

words "four hundred and sixty-five euro (€465) for every such

default" there shall be substituted the words "one thousand euro

(€1000) for every such default".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

In paragraph (f) of subarticle (1) of article 40 of the

principal Act, for the words "article 46(3):" there shall be substituted

the words "article 46(3);" and immediately thereafter there shall be

added the following new paragraph

"(g)

the notice referred to in article 47A(2):".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Immediately after article 47 of the principal Act, there

shall be added the following new article

" Assistance in

47A. (1) The Commissioner shall lend

the collection

assistance to foreign tax authorities in the

of taxes.

collection of revenue claims in accordance with

the provisions of applicable arrangements

referred to in article 76 of the Income Tax Act

where these exist.

(2) For the purposes of subarticle (1), a

notice by the Commissioner to any person

showing the amount of a revenue claim by a

foreign tax authority to which he is liable for

having failed to pay the said amount shall be

sufficient evidence that the amount shown in the

said notice is the amount due to be paid to the

foreign tax authority by the said person.

(3) For the purposes of this article, the

arrangements in relation to the collection of

taxes shall determine the meaning of "taxes" and

"revenue claims".".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Article 48 of the principal Act shall be amended as Amendment of

article 48 of the

principal Act.

(a)

in subarticle (2F) thereof, for the words "or the first

proviso to subarticle (7)" there shall be substituted the words "or

the provisos to subarticle (7)(a)";

(b)

subarticle (4) thereof shall be amended as follows

(i) in paragraph (c) thereof, the words "and

subarticle (7)" shall be deleted;

(ii) in the proviso to paragraph (c) thereof, for the

words "the expression "Malta tax paid" shall mean" there

shall be substituted the words "the expression "Malta tax

paid" shall, for the purpose of determining the amount of

the refund, mean";

(iii) immediately after the proviso to paragraph (c)

thereof, as amended, there shall be added the following

new proviso

"Provided further that, notwithstanding the

previous proviso, a tax refund payable in terms of

this subarticle shall in no case exceed the amount of

tax actually paid by the company to the

Commissioner on the profits distributed out of the

foreign income account or on any profits derived and

distributed by a company while it was an

international trading company, as the case may be.";

(c)

in sub-paragraph (ii) of paragraph (a) of subarticle

(4A) thereof, for the words "this subarticle." there shall be

substituted the words "this subarticle;" and immediately

thereafter there shall be added the following new sub-

"(iii) which have been subject to tax at a rate

(hereinafter referred to as “the reduced rate”)

lower than that referred to in article 56(6) of the

Income Tax Act the rate of refund shall be

determined in accordance with the following

formula

Y = (R - 5%) / R

Where -

(a)

"Y" represents the rate to be

determined; and

(b) "R" represents the reduced rate:";

(d) in paragraph (a) of subarticle (4A) thereof,

immediately after the proviso thereto, as amended, there shall

be added the following new proviso

"Provided further that, notwithstanding the

provisions of article 42B(2), a tax refund payable in terms

of this subarticle shall in no case exceed the amount of tax

actually paid by the company to the Commissioner on the

profits distributed out of the Maltese taxed account or

foreign income account."; and

(e)

subarticle (7) thereof shall be substituted by the

"(7) (a)

Where a claim for refund has

been made under the provisions of subarticle (4) or

subarticle (4A) in respect of Malta tax paid on

distributed profits as properly shown in the

relevant dividend certificate, no person shall be

entitled to a further refund under those subarticles

or to a refund under any other provisions of the

Income Tax Acts in relation to the Malta tax paid

on such distributed profits

Provided that a person entitled to such refund

as set out under subarticle (4) in respect of profits

distributed by an international trading company

shall also be entitled to a refund of the difference

between the Malta tax paid by the international

trading company and the tax chargeable on such

person on such income in accordance with the

provisions of this Act

Provided further that the provisions of the

immediately preceding proviso shall during the

period 1 January 2011 to 31 December 2014 also

apply in the case of any profits distributed by a

company which was an international trading

company as at 31 December 2010 where such

profits were earned by such company while it was

an international trading company.

(b) Where a claim for refund has been made

under the provisions of subarticle (4) or subarticle

(4A) in respect of Malta tax paid on distributed

profits as properly shown in the relevant dividend

certificate, notwithstanding the provisions of

article 60 of the Income Tax Act, such Malta tax

paid which a company had deducted or is entitled

to deduct under article 59 from such dividend,

shall, when such dividend is included in the

chargeable income of any person, including a

company receiving the said dividend or a person

holding directly or indirectly shares in such

company which receives a dividend out of such

profits, be set off, for the purposes of collection,

only against the tax charged on that dividend.

(c) Where a claim for refund of the Malta

tax paid has been made under subarticle (1) in

respect of Malta tax paid on distributed profits as

properly shown in the relevant dividend certificate,

no person shall be entitled to a further refund under

the provisions of subarticle (4) or subarticle (4A) in

relation to the Malta tax paid on such distributed

profits.".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Subarticle (1) of article 52 of the principal Act shall be Amendment of

amended as follows

(a)

in paragraph (e) thereof, for the words "art or

contrivance,", there shall be substituted the words "art or

contrivance; or";

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

be added the following new paragraphs

"(f) has in his possession or under his control any

article for use in the course of or in connection with

altering, destroying, erasing or concealing any

information, records or evidence which he knows or is

reasonably expected to know to be relevant for any

purpose of this Act; or

(g) makes, adapts, supplies or offers to supply

any article knowing that it is designed or adapted for use in

the course of or in connection with altering, destroying,

erasing or concealing any information, records or evidence

which he knows or is reasonably expected to know to be

relevant for any purpose of this Act, or intending it to be

used to commit, or assist in the commission of fraud; or

(h) alters, destroys, conceals, covers up, falsifies,

or makes a false entry in any record, document, electronic

data or tangible object,"; and

(c)

immediately after paragraph (h), as added by this

article, for the words "shall be guilty of an offence, and shall for

each such offence be liable on conviction before a Court of

Magistrates sitting as a court of criminal judicature to a fine

(multa) of not less than one hundred and sixteen euro (116) and

not exceeding four hundred and sixty-five euro (465) and, in

addition, to treble the amount of tax to which the person whose

tax liability it was intended to evade or to assist in evading is

liable under the Income Tax Acts for the year of assessment in

respect of or during which the offence was committed, or to

imprisonment for any term not exceeding six months, or to both

such fine and imprisonment.", there shall be substituted the

words

"shall be guilty of an offence, and shall be liable on

conviction before a Court of Magistrates sitting as a court of

criminal judicature -

(i) to a fine (multa) not less than seven hundred

euro (€700) and not exceeding three thousand five hundred

euro (€3,500) in the case of any offence committed under

paragraphs (a) to (d); and

(ii) to a fine (multa) of not less than six thousand

euro (€6,000) and not exceeding ten thousand euro

(€10,000) for an offence committed under paragraphs (e)

to (h),

and, in addition, for each offence as above referred to in

paragraphs (a) to (h), to treble the amount of tax to which the

person whose tax liability it was intended to evade, or to assist

in evading, is liable under the Income Tax Acts for the year of

assessment in respect of or during which the offence was

committed, or to imprisonment for any term not exceeding six

months, or to both such fine and imprisonment.

For the purposes of paragraphs (f) and (g) the term

"article" includes any program or data held in electronic form.".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Article 58 of the principal Act shall be amended as Amendment of

article 58 of the

follows

principal Act.

(a)

paragraph (c) thereof shall be renumbered as

paragraph (d); and

(b) in paragraph (b) thereof, for the words "the said Acts

and regulations; and" there shall be substituted the words "the

said Acts and regulations;", and immediately thereafter there

shall be added the following new paragraph

"(c) for fees to be levied in relation to the

issue of certificates, the processing of

registrations and applications for rulings in

terms of article 52 of the Income Tax Act; and".

PART VIII

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

(1) This Part of this Act amends the Excise Duty Act Amendment of

and it shall be read and construed as one with the Excise Duty Act, the

Act.

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

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

into force on the 26th October, 2010, except for article 70(e), which

shall be deemed to have come into force on 1st January, 2011.

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

The First Schedule to the principal Act shall be amended Amendment of

the First

as follows

Schedule to the

principal Act.

(a) immediately beneath the item "Mobile Telephony

Services" in the "First Column - List of Excise Goods" Column

there shall be added the item "Cement"; and

(b)

immediately beneath the item "Fifth Schedule" in

the "Second Column - Relevant Schedule" column there shall be

added the item "Schedule Five A".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

The Second Schedule to the principal Act shall be

amended as follows

(a) for the words in the "Rates of Excise Duty" column

thereof in respect of the item "Beer", there shall be substituted

the following

"€1.50 per hectolitre per degree Plato";

(b) for the words in the "Rates of Excise Duty" column

thereof in respect of the item "Beer if produced by small and

independent breweries with an annual production not exceeding

200,000 litres", there shall be substituted the following

"€0.75 per hectolitre per degree Plato"; and

(c) for the words in the "Rates of Excise Duty" column

thereof in respect of the item "Products containing a mixture of

beer with non-alcoholic drinks", there shall be substituted the

following

"€0.25 per hectolitre per degree Plato".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

The Third Schedule to the principal Act shall be amended

as follows

(a) for the words in the "Rates of Excise Duty" column

thereof in respect of the item "Cigarettes", there shall be

substituted the following

"47.0% of the retail price plus €28.00 per 1000

cigarettes but not less than €120.50 per 1000 cigarettes";

(b) for the words in paragraph 1.b. in the "Description

of Excise Goods" Column under the heading "Cigarettes", there

shall be substituted the following

"A roll of tobacco referred to in paragraph 1.a.i.

shall, for excise duty purposes, be considered as two

cigarettes where, excluding filter or mouthpiece, it is

longer than 8 cm but not longer than 11 cm, as three

cigarettes where, excluding filter or mouthpiece, it is

longer than 11 cm but not longer than 14 cm, and so on.

Products consisting in whole or in part of

substances other than tobacco but otherwise conforming to

the criteria set out in sub-paragraph a.i. to iii. above shall

be treated as cigarettes and the provisions of this sub-

paragraph shall apply thereto.";

(c) for the words in the "Rates of Excise Duty" column

thereof in respect of the item "Cigars and Cigarillos", there shall

be substituted the following

"€16.90 per 1000 units";

(d) for the words from "The following shall be deemed

to be cigars or cigarillos" to the words "- a wrapper of

reconstituted tobacco." under the heading "Cigars and

Cigarillos" in the "Description of Excise Goods" Column there

shall be substituted the following

"The following shall be deemed to be cigars or

cigarillos if they can be and, given their properties and

normal consumer expectations, are exclusively intended to

be smoked as they are

i. rolls of tobacco with an outer wrapper of

natural tobacco;

ii. 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 mouthpiece, is not less than 2,3 g and not

more than 10 g, and the circumference over at

least one third of the length is not less than 34 mm.

Products which consist in part of substances other

than tobacco but otherwise fulfil the criteria set out above

shall be treated as cigars and cigarillos.";

(e) for the words in the "Rates of Excise Duty" column

thereof in respect of the item "Hand-Rolling Tobacco", there

shall be substituted the following

"€75.40 per kg.";

(f)

for the words in the "Rates of Excise Duty" column

thereof in respect of the item "Other Smoking Tobacco", there

shall be substituted the following

"€75.40 per kg.";

(g) for the words from "The following shall be deemed

to be smoking tobacco" to the words "set out in indents (i) and

(ii) above shall be treated as smoking tobacco." under the

heading "Other Smoking Tobacco" in the "Description of Excise

Goods" Column there shall be substituted the following

"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 the definition of cigars

and cigarillos or cigarettes and which can be

smoked. For the purpose of this paragraph,

"tobacco refuse" shall be deemed to be remnants

of tobacco leaves and by-products obtained from

tobacco processing or the manufacture of tobacco

products.

Smoking tobacco as defined above in which more

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

width of less than 1.5 mm 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 1.5 mm

or more 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 sub-paragraphs i. and ii. above shall

be treated as smoking tobacco.";

(h) for the words in the "Rates of Excise Duty" column

thereof in respect of the item "Pipe Tobacco", there shall be

substituted the following

"€23.96 per kg."; and

(i)

for the words in the "Rates of Excise Duty" column

thereof in respect of the item "Chewing Tobacco and Snuff",

there shall be substituted the following

"€32.82 per kg.".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

The Fourth Schedule to the principal Act shall be amended Amendment of

the Fourth

as follows

Schedule to the

principal Act.

(a)

for the words in the "Rates of Excise Duty" column

thereof in respect of the item "Leaded Petrol", there shall be

substituted the following

"€588.18 per 1,000 litres";

(b) for the words in the "Rates of Excise Duty" column

thereof in respect of the item "Unleaded Petrol", there shall be

substituted the following

"€469.38 per 1,000 litres";

(c) for the words in the "Description of Excise Goods"

column "Gas Oil falling within CN Codes 2710.19.41 to

2710.19.49 excluding Gas Oil falling within 2710.19.49 if used

for heating purposes" there shall be substituted the words "Gas

Oil falling within CN Codes 2710.19.41 to 2710.19.49 and

blends of the foregoing with Biodiesel, excluding Gas Oil or

Gas Oil blended with Biodiesel, with a sulphur content not

exceeding 0.1% sulphur by weight if used for heating

purposes"; and for the words "€352.40 per 1000 litres" in the

relative "Rate of Excise Duty" column thereof there shall be

substituted the words "€382.40 per 1000 litres";

(d) for the words in the "Description of Excise Goods"

column "Gas Oil falling within CN 2710.19.49 if used for

heating purposes" there shall be substituted the words "Gas Oil

or Gas Oil blended with Biodiesel, with a sulphur content not

exceeding 0.1% sulphur by weight if used for heating

purposes"; and for the words "€96.79 per 1000 litres" in the

relative "Rate of Excise Duty" column thereof there shall be

substituted the words "€142.09 per 1000 litres";

(e)

for the words in the "Description of Excise Goods"

column "Biodiesel (a mixture of biomass and gas oil)" there

shall be substituted the words "Biodiesel, a diesel quality liquid

fuel produced from biomass or waste cooking oil, with an ester

content of not less than 96.5% by weight and a sulphur content

not exceeding 0.005%, whether in blend or not"; and for the

words "€352.40 per 1000 litres" in the relative "Rate of Excise

Duty" column thereof there shall be substituted the words

"€382.40 per 1000 litres";

(f)

for the words in the "Rates of Excise Duty" column

thereof in respect of the item "Heavy Fuel Oil", there shall be

substituted the following

"€30.00 per 1000 Kgs.";

(g) for the words in the "Rates of Excise Duty" column

thereof in respect of the item "Kerosene", there shall be

substituted the following

"€382.40 per 1000 litres";

(h) for the words in the "Rates of Excise Duty" column

thereof in respect of the item "Electricity", there shall be

substituted the following

"€1.50 per MWh"; and

(i)

the following words in the "Description of Excise

Goods" column under the title "EXEMPTIONS" shall be

deleted

"The biomass content (i.e. the percentage element)

in Biodiesel is exempted from the payment of excise duty

under fiscal control where such energy products are made

up of, or contain, one or more of the following products

-

products falling within CN Codes 1507

to 1518;

-

products falling within CN Codes

3824.90.55 and 3824.90.80 to 3824.90.99 for their

components produced from biomass;

-

products falling within CN Codes

2207.20.00 and 29 05 11 00 which are not of

synthetic origin;

-

products produced from biomass,

including products falling within CN Codes 4401

and 4402;

-

products which contain water (CN Codes

2201 and 2851.00.10).

"Biomass" shall mean the biodegradable fraction of

products, waste and residues from agriculture (including

vegetal and animal substances), forestry and related

industries, as well as the biodegradable fraction of

industrial and municipal waste.".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Immediately after the Fifth Schedule of the principal Act Addition of new

Schedule to the

there shall be added the following new Schedule

principal Act.

"SCHEDULE FIVE A

Description of excise goods

Rate of Excise Duty

€9.00 per 1000 Kgs ".

Portland Cement excluding white cement

PART IX

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

(1) This Part of this Act amends the Value Added Tax Amendment of

Act and it shall be read and construed as one with the Value Added the

Tax Act.

Tax Act, hereinafter in this Part referred as "the principal Act".

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

follows

(a) article 73 shall be deemed to have come into force

on the 1st January, 2011; and

(b) the remaining provisions of this Part shall come into

force on such a date as the Minister of Finance may by notice in

the Gazette establish, and different dates may be so established

for different provisions or different purposes of this Part.

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

In paragraph (a) of article 4 of the principal Act, for the Amendment of

words "by a person registered under article 11", there shall be article

principal Act.

substituted the words "by a person registered under article 11 or by a

person who is exempted from registration under article 11, as the

Minister may by regulations prescribe".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Immediately after subarticle (4) of article 32 of the Amendment of

article 32 of the

principal Act, there shall be inserted the following new subarticle

principal Act.

"(5) The Commissioner may, for the purposes of this Act,

cancel any provisional assessment raised by him, and issue a

fresh provisional assessment, and such cancellation shall be

without prejudice to the raising of a fresh provisional

assessment required to be raised under this Act in replacement

of the provisional assessment so cancelled which shall be

deemed not to have been raised.

Such fresh provisional assessment has to be raised within

the time limit specified in subarticle (1).".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

In subarticle (1) of article 50 of the principal Act, for the Amendment of

words "within thirty-one days from the earlier of:", there shall be article

principal Act.

substituted the words "within thirty days from the earlier of:".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Article 77 of the principal Act shall be amended as

follows

(a)

in paragraph (d) thereof, for the words "documents

or accounts;", there shall be substituted the words "documents

or accounts, or is in possession of or supplies to another person

any software application that would erase, destroy, damage or

conceal any stored information or any such records, documents

or accounts;";

(b) in paragraph (e) thereof, for the words "which is

incorrect or misleading in any material respect", there shall be

substituted the words "which is incorrect or misleading in any

material respect or fails to provide to the Commissioner,

without any valid reason, all copies of any used or unused

manual fiscal receipts where required by the Commissioner"

and

(c)

for the words "shall be guilty of an offence and

shall, on conviction, be liable to a fine (multa) of not less than

seven hundred euro (€700) and not exceeding three thousand

five hundred euro (€3,500) and, except for paragraph (p), to a

further fine (multa) equal to ten times the endangered tax or to

imprisonment of not more than six months or to both such fines

and imprisonment" there shall be substituted the words

"shall be guilty of an offence and shall, on conviction, be

liable -

(i) to a fine (multa) of not less than six thousand

euro (€6,000) and not exceeding ten thousand euro

(€10,000) for an offence committed under paragraphs (c)

and (d); and

(ii) to a fine (multa) of not less than seven

hundred euro (€700) and not exceeding three thousand five

hundred euro (€3,500) for an offence under the other

paragraphs,

and, in addition, for any offence as above referred to in all

paragraphs, except for paragraph (p), to a further fine (multa)

equal to ten times the endangered tax or to imprisonment of not

more than six months or to both such fines and imprisonment.".

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

Article 86 of the principal Act shall be amended as

follows

(a)

subarticle (2) thereof shall be substituted by the

following new subarticle

"(2) Where in the execution of a contract made

before the date of coming into force of any change made in

the rate of tax in terms of article 19, any goods or services

are supplied on or after the date of coming into force of

such change, and the 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 applicable before the

change and the rate of tax applicable after the change.";

and

(b) in paragraph (b) of subarticle (4) thereof, for the

words "or the 1st January 2004," there shall be substituted the

words "or the date of coming into force of any change referred

to in subarticle (2),".

PART X

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

(1) This Part amends the Eco-Contribution Act and it Amendment of

shall be read and construed as one with the Eco-Contribution Act, the

Contribution

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

Act.

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

into force on 1 January 2011.

Malta Government Gazette — Act 2011 4 — ACT No. IV of 2011 AN ACT to implement Budget measures for the financial year 2011 and other administrative measures.

In subarticle (1) of article 23 of the principal Act, for the Amendment of

words "from the date of the decision of the Appeals Board.", there article

principal Act.

shall be substituted the words "from the date when the decision of the

Appeals Board is notified to that party.".

Passed by the House of Representatives at Sitting No. 328 of the

16th March, 2011.

M ICHAEL F RENDO

Speaker

P AULINE A BELA

Clerk to the House of Representatives

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