ACT No. XXX of 2025 AN ACT to amend Various Revenue Laws.
Table of Provisions (15)
Statutory Text (15 Articles)
I assent.
(L.S.)
MYRIAM SPITERI DEBONO
President
11th August, 2025
ACT No. XXX of 2025
AN ACT to amend Various Revenue Laws.
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:-
The short title of this Act is the Various Revenue Laws
(Amendment) Act, 2025.
PART I
AMENDMENTS TO THE CRIMINAL CODE
This Part amends the Criminal Code and shall be read and
construed as one with the Criminal Code, hereinafter in this Part
referred to as the "Code".
Immediately after article 187 of the Code there shall be added
the following new articles
187A. Whosoever fraudulently breaches an
"Fraudulent breach
agreement with a Government department referring to
this article and made in terms of a specific law
providing for the extinction or postponement of any
criminal action apart from providing for the delayed
payment of any sum due or for any other concession,
exemption or advantage shall on conviction, be liable to
the punishment of imprisonment for a period not
exceeding four (4) years, or to a fine (multa) not
exceeding two million and five hundred thousand euro
(€2,500,000), or to both such fine and imprisonment.
187B. Whosoever, after entering into an agreement
with a Government department referring to this article
and made in terms of a specific law providing for the
extinction or postponement of any criminal action apart
from providing for the delayed payment of any sum of
money due or for any other concession, exemption or
advantage, breaches without a reasonable cause the
conditions of the agreement shall on conviction, be
liable to the punishment of imprisonment for a term not
exceeding two (2) years, or to a fine (multa) not
exceeding five hundred thousand euro (€500,000), or to
both such fine and imprisonment.
187C. Proceedings under articles 187A and 187B
may only be instituted upon the complaint of the
Commissioner for Tax and Customs and upon conviction
for any offence provided in article 187A, any material
advantage or benefit obtained by the accused through the
agreement shall be deemed to constitute proceeds of
crime.".
PART II
AMENDMENTS TO THE SOCIAL SECURITY ACT
This Part amends the Social Security Act and shall be read Amendments to
and construed as one with the Social Security Act, hereinafter in this the
Security Act.
Part referred to as the "principal Act".
Immediately after article 127 of the principal Act there shall be Addition of a
new article to
the principal
Act.
added the following new article
127A. (1) Notwithstanding any other provision of
this Act or of any other law, upon the conclusion of an
agreement made in terms of this article between the
Director and any person obliged to make any payment
under this Act, hereinafter in this article referred to as
the "debtor", providing for the payment of an additional
penalty in addition to any other penalties otherwise
provided for in this Act, all criminal liability of the
debtor for any breach against this Act and for any
connected breach in respect of the acts in relation to
which the agreement has been entered, shall be
extinguished
Provided that the additional penalty that such
person shall be liable to pay in respect of such breach or
breaches shall amount to a minimum of ten thousand
euro (€10,000) and a maximum of one million euro
(€1,000,000), and shall be imposed in terms of a
Schedule to be prescribed by the Minister under this Act
and this in addition to any other amount provided for in
this Act for the debtor’s default and quantified according
to the final agreement
Provided further that the agreement to pay any
fine or make any other payment under an agreement as
provided in this article shall not extinguish any civil
liability to make any payment not covered by the
agreement entered into in terms of this article.
(2) (a) The provisions of this article shall apply
where the Director, acting upon the written request of
the debtor and the notification of adjustment of previous
declarations given by the debtor, accepts that the
adjustments have been correctly made and shall give
notice in writing to the debtor of a draft agreement in
terms of this article to be signed within six (6) months
from the date of the request of the debtor
Provided that the said period of six (6) months
may be extended by the Director if he is satisfied that a
longer period is required to determine the extent of the
proceeds of the breach.
(b) The
draft
agreement
shall
include
the
following
(i) details of the breach or breaches which
may include admissions made by the debtor;
(ii) an obligation upon the debtor to pay
and a quantification of an additional penalty and
any other payment due in terms of this Act for the
default;
(iii) the period allowed for the payment of
the amounts due under the agreement;
(iv) the consequences of any failure to
comply with any terms of the agreement including
those provided in articles 187A, 187B and 187C of
the Criminal Code;
(v) any other terms
and
conditions
imposed by the Director
Provided that when a draft agreement
is notified as aforesaid, an agreement in terms of
this sub-article shall be signed and returned to the
Director within one (1) month, and if the signed
agreement is not received by the Director within
the said timeframe, which may be extended by
the Director upon reasonable cause being shown
by the debtor, the provisions of this article shall
have no effect
Provided further that the amount
resulting from this agreement shall constitute an
executive title within the meaning of and for the
purposes of Title VII of Part I of Book Second of
the Code of Organization and Civil Procedure.
(3) The period of prescription in respect of the
breach and connected breaches shall be suspended
during the times established in, or under sub-article (2)
and no prosecution shall be instituted in respect of the
breach and connected breaches during the time when
those periods are running
Provided that no prosecution shall be annulled
on the ground that it was instituted in violation of this
sub-article.
(4) The provisions of this article shall also apply
upon the request of the debtor in any case where the
debtor has been charged before a court in relation to the
breach or breaches and connected breaches, but before
final judgment has been given in the case.
(5) Where proceedings are pending before the
Court of Magistrates as a court of criminal inquiry and
the existence of an agreement is brought to the Court’s
notice, the Court shall, upon being satisfied that the
breach or breaches mentioned in the charge are breaches
to which this article applies or connected breaches,
assume the function of a court of criminal judicature
and declare the criminal action extinguished in respect
of such charges. The Court shall likewise declare the
criminal action extinguished if it is a court of criminal
judicature whether at first instance or at appeal stage
notwithstanding any previous judgment delivered in
the cause which has not become final.
(6)
In this article
"agreement" means and includes a
document evidencing an agreement reached
between the Director and the debtor in terms of
this article and also includes a document or a
declaration issued by the Director after the
coming into force of this article confirming that
the debtor has before the coming into force of this
article regularised his position with the Director
and has after the coming into force of this article
satisfied the requirements thereof by accepting to
pay the additional penalty;
"breach" or "breaches" includes any act or
acts which constitute a criminal offence;
"connected breach" means any act which
constitutes a criminal offence committed in
pursuance of committing a breach against this Act
and shall include
(i) a breach committed, even if at
different times, in pursuance of a pre-
concerted plan to commit a breach against
this Act;
(ii) a breach committed with the
object of procuring the means for the
commission of a breach against this Act;
(iii) a breach committed with the
object of facilitating the commission or
completion of a breach against this Act, or of
ensuring impunity for such a breach;
(iv) a breach which in a single
context violates more than one provision of
law where at least one provision relates to a
breach against this Act;
(v) a breach committed through the
apparently legitimate use of the proceeds of
a breach against this Act
Provided that a connected breach
shall not include any act included in Sub-title IV
of Title III of Part II of Book First of the Criminal
Code;
"Director" in respect to articles 13, 14, 15,
117(2), 123 and 124(1) and (2), and save as
otherwise provided, means the Commissioner for
Tax and Customs;
"this Act" includes
any
subsidiary
legislation issued thereunder.".
PART III
AMENDMENTS TO THE DUTY ON DOCUMENTS AND
TRANSFERS ACT
This Part amends the Duty on Documents and Transfers Act Amendments to
and shall be read and construed as one with the Duty on Documents the
Duty on
Documents and
and Transfers Act, hereinafter in this Part referred to as the "principal Transfers
Act.
Act".
Immediately after article 67 of the principal Act there shall be Addition of a
new article to
the principal
Act.
added the following new article
68. (1) Notwithstanding any other provision of
this Act or of any other law, upon the conclusion of an
agreement made in terms of this article between the
Commissioner and any person obliged to make any
payment under this Act, hereinafter in this article
referred to as the "debtor" or the "taxpayer", providing
for the payment of an additional penalty in addition to
any other penalties otherwise provided for in this Act, all
criminal liability of the debtor for any breach against this
Act and for any connected breach in respect of the acts
in relation to which the agreement has been entered,
shall be extinguished
Provided that the additional penalty that such
person shall be liable to pay in respect of such breach or
breaches shall amount to a minimum of ten thousand
euro (€10,000) and a maximum of one million euro
(€1,000,000), and shall be imposed in terms of a
Schedule to be prescribed by the Minister under this Act,
and this in addition to any other amount provided for in
this Act for the debtor’s default and quantified according
to the final agreement
Provided further that the agreement to pay any
fine or make any other payment under an agreement as
provided for in this article shall not extinguish any civil
liability to make any payment not covered by the
agreement entered into in terms of this article.
(2) (a) The provisions of this article shall apply
where the Commissioner, acting upon the written request
of the taxpayer and the notification of adjustment of
previous declarations given by the taxpayer, accepts that
the adjustments have been correctly made and shall give
notice in writing to the taxpayer of a draft agreement in
terms of this article to be signed within six (6) months
from the date of the request of the taxpayer
Provided that the said period of six (6) months
may be extended by the Commissioner if he is satisfied
that a longer period is required to determine the extent of
the proceeds of the breach.
(b) The
draft
agreement
shall
include
the
following
(i) details of the breach or breaches which
may include admissions made by the debtor;
(ii) an obligation upon the debtor to pay
and a quantification of the additional penalty
together with any other payment due in terms of
this Act for any default;
(iii) the period allowed for the payment of
the amounts due under the agreement;
(iv) the consequences of any failure to
comply with any terms of the agreement including
those provided in articles 187A, 187B and 187C of
the Criminal Code;
(v) any other terms and
conditions
imposed by the Commissioner
Provided that when a draft agreement is
notified as aforesaid, an agreement in terms of this sub-
article shall be signed and returned to the Commissioner
within one (1) month, and if the signed agreement is not
received b y the Commissioner within the said
timeframe, which may be extended by the
Commissioner upon reasonable cause being shown by
the taxpayer, the provisions of this article shall have no
effect
Provided further that the amount resulting from
this agreement shall constitute an executive title within
the meaning of and for the purposes of Title VII of Part I
of Book Second of the Code of Organisation and Civil
Procedure.
(3) The period of prescription in respect of the
breach and connected breaches shall be suspended
during the times established in, or under sub-article (2)
and no prosecution shall be instituted in respect of the
breach and connected breaches during the time when
those periods are running
Provided that no prosecution shall be annulled
on the ground that it was instituted in violation of this
sub-article.
(4) The provisions of this article shall also apply
upon the request of the debtor in any case where the
debtor has been charged before a court in relation to the
breach or breaches and connected breaches, but before
final judgment has been given in the case.
(5) Where proceedings are pending before the
Court of Magistrates as a court of criminal inquiry and
the existence of an agreement is brought to the Court’s
notice, the Court shall, upon being satisfied that the
breach or breaches mentioned in the charge are breaches
to which this article applies or connected breaches,
assume the function of a court of criminal judicature
and declare the criminal action extinguished in respect
of such charges. The Court shall likewise declare the
criminal action extinguished if it is a court of criminal
judicature whether at first instance or at appeal stage
notwithstanding any previous judgment delivered in
the cause which has not become final.
(6)
In this article
"agreement" means and includes a
document evidencing an agreement reached
between the Commissioner and the debtor in terms
of this article and also includes a document or a
declaration issued by the Commissioner after the
coming into force of this article confirming that
the debtor has before the coming into force of this
article regularised his position with the
Commissioner and has after the coming into force
of this article satisfied the requirements thereof by
accepting to pay the additional penalty;
"breach" or "breaches" includes any act or
acts which constitute a criminal offence;
"Commissioner" means the Commissioner
for Tax and Customs;
"connected breach" means any act which
constitutes a criminal offence committed in
pursuance of committing a breach against this Act
and shall include
(i) a breach committed, even if at
different times, in pursuance of a pre-
concerted plan to commit a breach against
this Act;
(ii) a breach committed with the
object of procuring the means for the
commission of a breach against this Act;
(iii) a breach committed with the
object of facilitating the commission or
completion of a breach against this Act, or of
ensuring impunity for such a breach;
(iv) a breach which in a single
context violates more than one provision of
law where at least one provision relates to a
breach against this Act;
(v) a breach committed through the
apparently legitimate use of the proceeds of
a breach against this Act
Provided that a connected breach shall
not include any act included in Sub-title IV of Title
III of Part II of Book First of the Criminal Code;
"this Act" includes any
subsidiary
legislation issued thereunder.".
PART IV
AMENDMENTS TO THE INCOME TAX MANAGEMENT ACT
This Part amends the Income Tax Management Act and it Amendment of
shall be read and construed as one with the income Tax Management the
Management
Act, hereinafter in this Part referred to as the "principal Act".
Act.
Immediately after article 52 of the principal Act there shall be Addition of a
new article in
added the following new article
the principal
Act.
52A. (1) Notwithstanding any other provision of
this Act or of any other law, upon the conclusion of an
agreement made in terms of this article between the
Commissioner and any person obliged to make any
payment under this Act, hereinafter in this article
referred to as the "debtor" or the "taxpayer", providing
for the payment of an additional penalty in addition to
any other penalties otherwise provided in this Act, all
criminal liability of the debtor for any breach against this
Act and for any connected breach in respect of the acts
in relation to which the agreement has been entered,
shall be extinguished
Provided that the additional penalty that such
person shall be liable to pay in respect of such breach or
breaches shall amount to a minimum of ten thousand
euro (€10,000) and a maximum of one million euro
(€1,000,000), and shall be imposed in terms of a
Schedule to be prescribed by the Minister under this Act,
and this in addition to any other amount provided for in
this Act for the debtor’s default and quantified according
to the final agreement
Provided further that the agreement to pay any
fine or make any other payment under an agreement as
provided in this article shall not extinguish any civil
liability to make any payment not covered by the
agreement entered into in terms of this article.
(2) (a) The provisions of this article shall apply
where the Commissioner, acting upon the written request
of the taxpayer and the notification of adjustment of
previous declarations given by the taxpayer, accepts that
the adjustments have been correctly made and shall give
notice in writing to the taxpayer of a draft agreement in
terms of this article to be signed within six (6) months
from the date of the request of the taxpayer
Provided that the said period of six (6) months
may be extended by the Commissioner if the
Commissioner is satisfied that a longer period is
required to determine the extent of the proceeds of the
breach.
(b) The
draft
agreement
shall
include
the
following
(i) details of the breach or breaches which
may include admissions made by the debtor;
(ii) an obligation upon the debtor to pay
and a quantification of an additional penalty and
any other payment due in terms of this Act for the
default;
(iii) the period allowed for the payment of
the amounts due under the agreement;
(iv) the consequences of any failure to
comply with any terms of the agreement including
those provided in articles 187A, 187B and 187C of
the Criminal Code;
(v) any other terms and
conditions
imposed by the Commissioner
Provided that when a draft agreement is
notified as aforesaid, an agreement in terms of this sub-
article shall be signed and returned to the Commissioner
within one (1) month, and if the signed agreement is not
received b y the Commissioner within the said
timeframe, which may be extended by the
Commissioner upon reasonable cause being shown by
the taxpayer, the provisions of this article shall have no
effect
Provided further that the amount resulting
from this agreement shall constitute an executive title
within the meaning of and for the purposes of Title VII
of Part I of Book Second of the Code of Organisation
and Civil Procedure.
(3) The period of prescription in respect of the
breach and connected breaches shall be suspended
during the times established in, or under sub-article (2)
and no prosecution shall be instituted in respect of the
breach and connected breaches during the time when
those periods are running
Provided that no prosecution shall be annulled
on the ground that it was instituted in violation of this
sub-article.
(4) The provisions of this article shall also apply
upon the request of the debtor in any case where the
debtor has been charged before a court in relation to the
breach or breaches and connected breaches, but before
final judgment has been given in the case.
(5) Where proceedings are pending before the
Court of Magistrates as a court of criminal inquiry and
the existence of an agreement is brought to the Court’s
notice, the Court shall, upon being satisfied that the
breach or breaches mentioned in the charge are breaches
to which this article applies or connected breaches,
assume the function of a court of criminal judicature
and declare the criminal action extinguished in respect
of such charges. The Court shall likewise declare the
criminal action extinguished if it is a court of criminal
judicature whether at first instance or at appeal stage
notwithstanding any previous judgment delivered in
the cause which has not become final.
(6)
In this article
"agreement" means and includes a
document evidencing an agreement reached
between the Commissioner and the debtor in terms
of this article and also includes a document or a
declaration issued by the Commissioner after the
coming into force of this article confirming that
the debtor has before the coming into force of this
article regularised his position with the
Commissioner and has after the coming into force
of this article satisfied the requirements thereof by
accepting to pay the additional penalty;
"breach" or "breaches" includes any act or
acts which constitute a criminal offence;
"Commissioner" means the Commissioner
for Tax and Customs;
"connected breach" means any act which
constitutes a criminal offence committed in
pursuance of committing a breach against this Act
and shall include
(i) a breach committed, even if at
different times, in pursuance of a pre-
concerted plan to commit a breach against
this Act;
(ii) a breach committed with the
object of procuring the means for the
commission of a breach against this Act;
(iii) a breach committed with the
object of facilitating the commission or
completion of a breach against this Act, or of
ensuring impunity for such a breach;
(iv) a breach which in a single
context violates more than one provision of
law where at least one provision relates to a
breach against this Act;
(v) a breach committed through the
apparently legitimate use of the proceeds of
a breach against this Act
Provided that a connected breach shall
not include any act included in Sub-title IV of Title
III of Part II of Book First of the Criminal Code;
"this Act" includes any
subsidiary
legislation issued thereunder.".
PART V
AMENDMENTS TO THE VALUE ADDED TAX ACT
This Part amends the Value Added Tax Act and shall be read Amendments to
and construed as one with the Value Added Tax Act, hereinafter in this the
Tax Act.
Part referred to as the "principal Act".
Immediately after article 84 of the principal Act there shall be Addition of a
new article to
added the following new article
the principal
Act.
84A. (1) Notwithstanding any other provision of
this Act or of any other law, upon the conclusion of an
agreement made in terms of this article between the
Commissioner and any person obliged to make any
payment under this Act, hereinafter in this article
referred to as the "debtor" or the "taxpayer", providing
for the payment of an additional penalty together with
any other penalties otherwise provided in this Act, all
criminal liability of the debtor for any breach against this
Act and for any connected breach in respect of the acts
in relation to which the agreement has been entered,
shall be extinguished
Provided that the additional penalty that such
person shall be liable to pay in respect of such breach or
breaches shall amount to a minimum of ten thousand
euro (€10,000) and a maximum of one million euro
(€1,000,000), and shall be imposed in terms of a
Schedule to be prescribed by the Minister under this Act,
and this in addition to any other amount provided for in
this Act for the debtor’s default and quantified according
to the final agreement
Provided further that the agreement to pay any
fine or make any other payment under an agreement as
provided for in this article shall not extinguish any civil
liability to make any payment not covered by the
agreement entered into in terms of this article.
(2) (a) The provisions of this article shall apply
where the Commissioner, acting upon the written
request of the taxpayer and the notification of
adjustment of previous declarations given by the
taxpayer, accepts that the adjustments have been
correctly made and shall give notice in writing to the
taxpayer of a draft agreement in terms of this article to
be signed within six (6) months from the date of the
request of the taxpayer
Provided that the said period of six (6) months
may be extended by the Commissioner if he is satisfied
that a longer period is required to determine the extent of
the proceeds of the breach.
(b) The
draft
agreement
shall
include
the
following
(i) details of the breach or breaches which
may include admissions made by the debtor;
(ii) an obligation upon the debtor to pay
and a quantification of an additional penalty and
any other payment due in terms of this Act for the
default;
(iii) the period allowed for the payment of
the amounts due under the agreement;
(iv) the consequences of any failure to
comply with any terms of the agreement including
those provided in articles 187A, 187B and 187C of
the Criminal Code;
(v) any other terms and conditions
imposed by the Commissioner
Provided that when a draft agreement is
notified as aforesaid, an agreement in terms of this sub-
article shall be signed and returned to the Commissioner
within one (1) month, and if the signed agreement is not
received by the Commissioner within the said
timeframe, which may be extended by the
Commissioner upon reasonable cause being shown by
the taxpayer, the provisions of this article shall have no
effect
Provided further that the amount resulting
from this agreement shall constitute an executive title
within the meaning of and for the purposes of Title VII
of Part I of Book Second of the Code of Organisation
and Civil Procedure.
(3) The period of prescription in respect of the
breach and connected breaches shall be suspended
during the times established in, or under sub-article (2)
and no prosecution shall be instituted in respect of the
breach and connected breaches during the time when
those periods are running
Provided that no prosecution shall be annulled
on the ground that it was instituted in violation of this
sub-article.
(4) The provisions of this article shall also apply
upon the request of the debtor in any case where the
debtor has been charged before a court in relation to the
breach or breaches and connected breaches, but before
final judgment has been given in the case.
(5) Where proceedings are pending before the
Court of Magistrates as a court of criminal inquiry and
the existence of an agreement is brought to the Court’s
notice, the Court shall, upon being satisfied that the
breach or breaches mentioned in the charge are breaches
to which this article applies or connected breaches,
assume the function of a court of criminal judicature
and declare the criminal action extinguished in respect
of such charges. The Court shall likewise declare the
criminal action extinguished if it is a court of criminal
judicature whether at first instance or at appeal stage
notwithstanding any previous judgment delivered in
the cause which has not become final.
(6)
In this article
"agreement" means and includes a
document evidencing an agreement reached
between the Commissioner and the debtor in terms
of this article and also includes a document or a
declaration issued by the Commissioner after the
coming into force of this article confirming that
the debtor has before the coming into force of this
article regularised his position with the
Commissioner and has after the coming into force
of this article satisfied the requirements thereof by
accepting to pay the additional penalty;
"breach" or "breaches" includes any act or
acts which constitute a criminal offence;
"Commissioner" means the Commissioner
for Tax and Customs;
"connected breach" means any act which
constitutes a criminal offence committed in
pursuance of committing a breach against this Act
and shall include
(i) a breach committed, even if at
different times, in pursuance of a pre-
concerted plan to commit a breach against
this Act;
(ii) a breach committed with the
object of procuring the means for the
commission of a breach against this Act;
(iii) a breach committed with the
object of facilitating the commission or
completion of a breach against this Act, or of
ensuring impunity for such a breach;
(iv) a breach which in a single
context violates more than one provision of
law where at least one provision relates to a
breach against this Act;
(v) a breach committed through the
apparently legitimate use of the proceeds of
a breach against this Act
Provided that a connected breach shall
not include any act included in Sub-title IV of Title
III of Part II of Book First of the Criminal Code;
"this Act" includes any
subsidiary
legislation issued thereunder.".
PART VI
AMENDMENTS TO THE VARIOUS LAWS RELATING TO
THE PROCEEDS OF CRIME (AMENDMENT) ACT, 2024
This Part amends the Various Laws relating to the Proceeds of Amendment to
Crime (Amendment) Act, 2024 and shall be read and construed as one the
Laws relating to
with the Various laws relating to the Proceeds of Crime (Amendment) the
Crime
Act, 2024, hereinafter in this Part referred to as the "principal Act".
(Amendment)
Act, 2024.
Act No. VI of
2024.
Article 32 of the principal Act shall be amended as follows
Amendment of
article 32 of the
principal Act.
(a) in sub-article (4) thereof the words "except in the
case of criminal proceedings which are adjourned for final
submissions or for judgment," shall be deleted;
(b) in sub-article (5) thereof the words "except for
criminal proceedings which on the date of the coming into force of
the said Act are adjourned for final submissions or for judgment in
which latter cases the said proceedings shall continue to be
regulated by the provisions of the said articles as in force before
the coming into force of the said Act and those provisions shall,
for the purposes of this sub-article, be deemed to have remained in
force" shall be deleted.
The provisions of this Part shall have effect from the date of Transitory
the coming into force of this Act and shall not affect the validity of provision.
anything done or omitted to be done prior to the said coming into
force.
Passed by the House of Representatives at Sitting No. 373 of the 4th
August, 2025.
ANĠLU FARRUGIA
Speaker
ELEANOR SCERRI
Clerk of the House of Representatives
€1.80