MT
Intra-Community Transactions) Regulations, 2009
Table of Provisions (7)
Statutory Text (7 Articles)
L.N. 363 of 2009
VALUE ADDED TAX ACT
(CAP. 406)
Value Added Tax (Recapitulative Statement of
Intra-Community Transactions) Regulations, 2009
IN exercise of the powers conferred by article 30(3) and
article 75 of the Value Added Tax Act, hereinafter referred to as
“the Act”, the Minister of Finance, the Economy and Investment
has made the following regulations:-
(1) The title of these regulations is the Value Added Citation and
Tax (Recapitulative Statement of Intra-Community Transactions) commencement.
Regulations, 2009.
(2) These regulations bring into force the provisions
of Council Directive 2008/117/EC of 16 December 2008 amending
Council Directive 2006/112/EC.
(3) These regulations shall come into force on the 1st
January, 2010.
Terms used in these regulations shall, unless the context
otherwise requires, have the meaning assigned to them in the Act.
(1) The recapitulative statement required to be made
in terms of article 30(3) of the Act shall be drawn up for each
calendar month and shall be furnished to the Commissioner in the
manner set out in regulation 5 by not later than the fifteenth day of
the month following the relative calendar month.
(2) (a) Notwithstanding sub-regulation (1), taxable
persons may submit a recapitulative statement for each calendar
quarter by not later than the fifteenth day of the month following
the end of the quarter, where the total quarterly amount, excluding
VAT, of the supplies of goods as referred to in article 30(3) of the
Act does not exceed either in respect of the quarter concerned or
in respect of any of the previous four quarters the sum of EUR
50,000.
(b) The option provided above shall cease to be
applicable after the end of the month during which the total value,
excluding VAT, of supplies of goods referred to in article 30(3)
(a) of the Act, exceeds in respect of the current quarter, the sum of
EUR 50,000. In this case, a recapitulative statement shall be drawn
up for any month which may have elapsed since the beginning of
the quarter by not later than fifteenth day of the month following
the last month in the relative reporting period.
(3) Notwithstanding sub-regulation (1) hereof, taxable
persons who make supplies of services referred to in article 30(3)
(b) of the Act, may submit a recapitulative statement for each
calendar quarter by not later than the fifteenth day of the month
following the end of the quarter
Provided that, where a taxable person makes supplies
of both goods and services as referred to in article 30(3) of the Act
the provisions of sub-regulations (1) and (2) of this regulation shall
apply.
(1) The recapitulative statement shall set out the
following information
(a) the VAT identification number of the taxable person
under which a supply of goods referred to in article 30(3)(a)
of the Act or a supply of services referred to in article 30(3)
(b) of the Act was carried out;
(b) the VAT identification number of the person
acquiring the goods or receiving the services in a Member
State other than Malta under which the goods or services were
supplied to him;
(c) the VAT identification number of the taxable person
in Malta under which he has carried out a transfer of goods as
referred to in Item 3(4) of Part One of the Fifth Schedule to
the Act and the number by means of which he is identified in
the Member State in which the dispatch or transport ended;
(d) for each person who acquired goods or received
services, the total value of the supplies of goods and the total
value of the supplies of services carried out by the taxable
person;
(e) in respect of supplies of goods consisting in
transfers to another Member State in accordance with
paragraph (c) of this regulation, the total value of the supplies
determined in accordance with Item 6(1) of the Seventh
Schedule to the Act;
(f) the amounts of adjustments made in terms of the
Seventh Schedule to the Act.
(2) (a) The value referred to in paragraph (1)(d)
shall be declared for the period of submission in accordance with
regulation 3 during which VAT became chargeable.
(b) The amounts referred to in paragraph (1)
(f) shall be declared for the period of submission established in
accordance with regulation 3 during which the person acquiring
the goods was notified of the adjustment.
The recapitulative statement required to be made in terms Submission by
of regulation 3 shall be submitted by electronic file transfer and electronic means.
shall be so submitted in the format prescribed in the First Schedule
of these regulations.
(1) Any person who being required to furnish a
recapitulative statement in terms of regulation 3 does not furnish
that statement within the time limit set out in that regulation shall
be liable to an administrative penalty in terms of article 38(2) of
the Act.
(2) Any failure to furnish a recapitulative statement
constitutes an offence in terms of article 76(c) of the Act.
B
€0.37