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124 tal-2007 - Regolamenti tal-2007 li jemendaw it-Tielet Skeda li tinsab ma’ l-Att dwar it-Taxxa fuq il-Valur Miżjud

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Malta Government Gazette — Legal Notice 2007 124 — 124 tal-2007 - Regolamenti tal-2007 li jemendaw it-Tielet Skeda li tinsab ma’ l-Att dwar it-Taxxa fuq il-Valur Miżjud

L.N. 124 of 2007

VALUE ADDED TAX ACT

(CAP. 406)

Value Added Tax (Third Schedule Amendment) Regulations,

IN virtue of the powers conferred by articles 7 and 75 of the Value

Added Tax Act, the Prime Minister and Minister of Finance has made

the following regulations>

Malta Government Gazette — Legal Notice 2007 124 — 124 tal-2007 - Regolamenti tal-2007 li jemendaw it-Tielet Skeda li tinsab ma’ l-Att dwar it-Taxxa fuq il-Valur Miżjud

The title of these regulations is the Value Added Tax (Third Citation and

Schedule Amendment) Regulations, 2007 and these shall be read and commencement.

construed as one with the Third Schedule to the Value Added Tax Act,

which Third Schedule is hereinafter in these regulations referred to as

“the Schedule”.

Malta Government Gazette — Legal Notice 2007 124 — 124 tal-2007 - Regolamenti tal-2007 li jemendaw it-Tielet Skeda li tinsab ma’ l-Att dwar it-Taxxa fuq il-Valur Miżjud

Items 12 to 15 of the Schedule shall be renumbered as items Renumbers items 13

to 16 of the

13 to 16 respectively.

Schedule.

Malta Government Gazette — Legal Notice 2007 124 — 124 tal-2007 - Regolamenti tal-2007 li jemendaw it-Tielet Skeda li tinsab ma’ l-Att dwar it-Taxxa fuq il-Valur Miżjud

Immediately after item 11 of the Schedule there shall be added Adds new item 12

to the Schedule.

the following new item>

Criterion of effective use and enjoyment

Malta Government Gazette — Legal Notice 2007 124 — 124 tal-2007 - Regolamenti tal-2007 li jemendaw it-Tielet Skeda li tinsab ma’ l-Att dwar it-Taxxa fuq il-Valur Miżjud

In order to avoid double taxation, non-taxation or

distortion of competition, the Commissioner may, with regard

to the supply of the services referred to in Items 10 and 11 of

this Schedule and with regard to the hiring out of means of

transport>

(a) consider the place of supply of any service,

which under this Schedule would be situated within

Malta, as being situated outside the Community, if the

effective use and enjoyment of the services takes place

outside the Community<

(b) consider the place of supply of any service,

which under this Schedule would be situated outside the

Community, as being situated within Malta, if the

effective use and enjoyment of the services takes place

within Malta.

B

However, this provision shall not apply to

electronically supplied services referred to in Item 11 of

this Schedule, where those services are rendered to non-

taxable persons.”

4. In paragraphs (1) and (2) of Item 15 as renumbered, wherever

Amends item 15 of

the Schedule.

the words “item 13” occur, there shall be substituted the words”“item

14”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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