193 tal-2010 - Regoli tal-2010 li jemendaw ir-Regoli dwar ir-Rifużjonijiet tat-Taxxa u l-Proċedura ta’ Reġistrazzjoni

L.N. 193 of 2010

INCOME TAX MANAGEMENT ACT

(CAP. 372)

Tax Refunds and Registration Procedure (Amendment) Rules,

BY virtue of the powers conferred by articles 48 and 58 of

the Income Tax Management Act, the Minister of Finance, the

Economy and Investment has made the following rules:-

The title of these rules is the Tax Refunds and

Registration Procedure (Amendment) Rules, 2010 and they shall be

read and construed as one with the Tax Refunds and Registration

Procedure Rules, 2008, hereinafter referred to as “the principal

For rule 2 of the principal rules there shall be substituted

the following

2. Any person, except for shareholders of an

international trading company, making a claim pursuant

to article 48(4) or pursuant to article 48(4A) shall, in

order to be entitled to make such a claim, be registered

with the Commissioner in accordance with these rules.”.

Rule 3 of the principal rules shall be amended as follows

(a) the present provisions of rule 3 of the principal

rules shall be renumbered as sub-rule (1) of rule 3, and for

the words “specifying the year of assessment in which the tax

in relation to which he wishes to make a claim is assessable”

shall be deleted; and

(b) immediately after sub-rule (1) as renumbered, there

shall be added the following new sub-rule

“(2) The registration by the company in terms

of sub-rule (1) of this rule will apply for the year of

assessment in which registration with the Commissioner

in terms of the said sub-rule (1) is duly affected and for

all subsequent years of assessment until such time that

the person notifies the company of his wish to cancel his

registration in terms of rule 7 and such deregistration is

effected by the Commissioner

Provided that for each applicable year of

assessment following the registration referred to in

these rules and until such time that the cancellation of

registration is notified in accordance with the provisions

of these rules, it shall be deemed that-

(a) the registered shareholder expects to

receive a dividend out of the profits earned in

relation to each of the said years of assessment;

and

(b) the registered shareholder intends to

make a claim in relation to the tax assessable in

relation to each of the said years of assessment;

and

(c) the relevant registration has been

renewed for each of the said years of assessment

with the original details on the application and, if

applicable, as amended by any new details notified

in writing by the company to the Commissioner.”.

Rule 5 of the principal rules shall be amended as follows

(a) sub-rule (4) thereof shall be renumbered as sub-

rule (5), and in paragraph (a) of sub-rule (5) as renumbered,

for the words “is the year of assessment” there shall be

substituted the words “is the first year of assessment”; and

(b) immediately after sub-rule (3) of rule 5 there shall

be added the following new sub-rule

“(4) Notwithstanding the provisions of sub-rules

(1), (2) and (3) of this rule, the Commissioner may,

in his discretion and provided that there are sufficient

serious reasons for the request, accept a request for

registration of a person for entitlement to make a

claim pursuant to the sub-articles mentioned in rule 2

hereof provided that such request is made not later than

eighteen months after the end of the accounting period

to which the registration under these rules refers.”.