123 tal-1997
Table of Provisions (8)
Statutory Text (8 Articles)
L.N. 123 of 1m
CUSTOMS AND EXCISE TAX ACT, 1997
(ACT NO. XII OF 1997)
C ustom.s Ilnd Excise Tax ('I'ra \'el Agents) Regulatiom, 1m
IN eltercise of the powers conferred by sections 70 and 7S of the
Customs and Eltcise Tu Act. 1997. hereinaflet in these regulations
referred to as "the Act", the Minister of Finance and Commerce has
made the following regulations:-
I. These regulations may be cited as the Customs and Eltcise 00_
Tu (Travel Agents) Regulations. 1997.
In these regulations. unless the context otherwise I ....... -_.
Dawn ir-regolamenli jistghu jissejhu ir-Regolamcnti ta' 1- T>I<>I • •
1997 dwar I-All dwar it-Taxxa tad-Dwana u tas-Sisa (Agenli ta' 1-
Ivjaggar).
2_ (I) F'dawn ir-regolamenli. kemm-il darba r-rabla lIil· kliem Tif.".
rna tkuM lehlieg mod iehor:-
(a) "agcnl ta O I-ivjaggar" ghandha I-istess lifsira mogh lija
lilha O-anikolu 21a' I-Au dwar I-Agenziji la' I-lvjaggar u Servini Kap 21M
f Lukandi; IUla mela linden gha.l persuna barra minn Maltadin
il-lifsira liftiehem daqs Ii kieku r-referenza ghal lieenzja kienel
ImhoiJija burra
(b) "harga'" tfisser is·servi1.Z imfisscr fiI -panita 6 ta' l-Iskeda
Ii linsab rna' dawn ir-regolamenti
(c)
"servizz imsemmi" tfisser;
(i) xi servizz speeifikat fl -lskeda Ii tinsab rna' dawn
ir-regolamenti meta I-imsemmi servizz ikun gic akkwistatjew
riZcrval minn agcnl la' l-ivjaggar u provdut minnu minghajr
ebda libdil materjali;
(ii) is-servizz ta' agenl la' I-ivjaggar fl-akkwi sl la'
scrvizz imscmmi.
(2) Espressjonijiel ohra wiati fdawn ir-regolamenti ghaodu
jkollhom, kemm-il darba r-rabla lal-klicm rna tehtiegx mod iehor, it-
lifsir moshti IiIhom n -Att.
Designated Service
I. Accommodation to or for the use by individuals in premises licensed as hoIels
or guest houses or other similar accommodation including meals and services covered
by the price charged for such accommodation: provided that when app lied to
accommodation in MaIm, such premises must be licensed in lenns of the Hotels and
Catering Establishments Act, or the Guest Hou5C's and Holiday Furn ished Premises
2. Transpon . OIherthan international transpon. to be used by individuals as part
of tourist related scrvices and ancillary facilities provided with such transpoI1.
3. Convcntion facil ities including the use for the purpose of such conventions
of halls, offices. office machinery, secretarial services and the services of interpreters
4. The provision of the services of tour leaders and tourist guides.
5. Tourist handling services.
(1)
requ ires:-
"designated service" means:·
(a)
(i) any of the services specified in the Schedule to these
regulations when the said service has been acquired or
reserved by a travel agen t aDd provided by him without
material alteration;
(ii) the service o f a travel agent In procuring a
des ignated service;
"eltcursion" means the service described in item 6 of
(b)
the Schedule to these regu lations;
ec) "travel agenl" has the same meaning as is assigned to it
by seclion 2 of the Travel Agencies and Hotel Services Act: 0.. 26f
provided that when applied 10 a person outside Malta this definition
shall be construed as if the reference to a licence were omitted.
Other tenns used in these regulations shall. unless lhe
(2)
tonteltt otherwise requires. have the same meaning assigned to them in
the Act.
The provision of two or more designated services as pan of a ~ ...... Ioa
single transaction shall be treated as a single provision of designated ~::;.:: .. ....
services.
(I) A travel agent shall submit a report to the Director
together with the tax return to be furnished in terms of 3 1 of the Act.
(2) lbe report shall contain such details, whichc1early relate
to the designated services provided and identify the said services as
such, and wh ich indicate which serv ices we re included in each
transaction.
(3) A travel agent shalt keep. in addition to the records
required in terms of the Act, records relating to designated services as
identified in the repon furnished to the Director.
The Director may give such directives 10. and require such
information from, a travel agent as Ihe Director may deem necessary
for the propcr app lication of these regulations.
Excursions by five or more persons organised by a perso n in the ordinary
course of his business. including the provision of any transpoI1. meals. entenainnu"m
and ancillary serviccs 10 be used by such persons for the purpose of. or during such
excursions. and provided as pan of a si ngle transac tion.
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