Duty on Documents and Transfers (Amendment) Rules, 2015

L.N. 147 of 2015

DUTY ON DOCUMENTS AND TRANSFERS ACT

(CAP. 364)

Duty on Documents and Transfers (Amendment) Rules, 2015

IN exercise of the powers conferred by article 22 of the Duty on

Documents and Transfers Act, the Minister for Finance has made the

following rules:-

(1) The title of these rules is the Duty on Documents Citation and

and Transfers (Amendment) Rules, 2015, and these rules shall be read commencement.

and construed as one with the Duty on Documents and Transfers S.L.364.06

Rules, hereinafter referred to as "the principal rules".

(2) These rules shall be deemed to have come into force on 1st

January, 2015.

PART I

"

UFFIĊĊJU TAT-TAXXI INTERNI

OFFICE OF INLAND REVENUE

Dipartiment tal-Capital Transfer Duty

Capital Transfer Duty Department

46, Triq il-Merkanti, Valletta

46, Merchants Street, Valletta

Rule 2

INTER VIVOS

FIRST

Immediately after sub-rule (3) of rule 8 of the principal Amends rule 8

of the principal

rules, there shall be added the following new sub-rule

rules.

" Information

(4) The transferee in any transfer of

to be given by

residential property shall submit to the

transferee on

Commissioner the information required on the

transfer of

residential

form prescribed in the Eighth Schedule attached

property.

to these rules, to be attached to the notice

mentioned in article 51 of the Act and to which

the First Schedule refers.".

NOTICE OF AN INTER VIVOS TRANSFER OF IMMOVABLE PROPERTY TO BE

GIVEN IN TERMS OF THE DUTY ON DOCUMENTS AND

TRANSFERS ACT AND THE INCOME TAX ACTS

This form must be completed by the Notary publishing the deed of

transfer and must be filed by the Notary in duplicate within 15 working

days from the date of the transfer.

Continuation sheets are to be added as necessary.

SECTION A – PARTICULARS OF THE TRANSFER

Transferor/s

I.D. / income

Telephone or

tax

mobile

Name

Surname

Address

registration

number

number

Transferee/s

I.D. / income tax Telephone or

AIP No. (if

Name

Surname

Address

registration

mobile

applicable)

number

number

SECTION B – INFORMATION ABOUT THE TRANSFER

Date of Deed

Description of the property

A full description of the immovable property is to be given and a site plan on Land Registration Sta-

tionery duly signed by an Architect should be annexed.

In the case of residential property, the information required on the form prescribed in the Eighth

Schedule to S.L. 364.06 should also be annexed.

Type of Transfer

In the case of mixed transfers, mark all applicable boxes

Emphyteutical

Sale

Donation

Exchange

concession

Assignment on

Datio in solutum

Other (specify)

Partition

The manner in which the property was acquired

In the case of mixed acquisitions, mark all applicable boxes

Emphyteutical

Sale

Donation

Exchange

concession

Assignment on

Other (specify)

Datio in solutum

Partition

Name of Broker

I.D / I.T. No.

Name of Architect (if applicable)

I.D / I.T. No.

Dutiable value of property

Amount of duty payable

Promise of Sale Number

SECTION C – DUTY ON DOCUMENTS AND OTHER TRANSFERS (DDTA)

Exemptions and relief

An assignment that is exempt in terms of art. 32(3) DDTA

A transfer that qualifies for relief from duty under art. 32(4)

DDTA

A partition of inherited property that is exempt in terms of

art. 32(5) DDTA

A transfer from one company to another that qualifies for

the intra- group exemption in terms of art. 32(6) DDTA

First time donation from parents in terms of art. 32C DDTA

A transfer that is exempt from duty for reasons other than

those mentioned above

Specify grounds for exemption:-

B B 1102

SECTION D – TAX PAYABLE UNDER THE INCOME TAX ACT

Final tax

Name of

Provi-

Total

2%

5%

7%

8%

10%

12%

Transferor

sional Tax

Total

SECTION E – PARTICULARS OF BANK DRAFT / CHEQUE

Tax/Duty

BANK

BANK DRAFT / CHEQUE NUMBER

payable under

Duty on

Documents and

Transfers Act

Income Tax Act

SIGNATURE OF NOTARY . . . . . . . . . . . . . . . . . . . . .

FOR OFFICIAL USE

Provisional C.G.T Paid

Duty on Documents

Final Withholding Tax

Provisional Duty

Total

Receipt No/s

Receipt No/s

Date of Receipt/s

Date of Receipt/s

Receiving Officer

Receiving Officer

The Inland Revenue Department uses the information provided, to process this form in accordance with the

Income Tax Acts and subsidiary legislation. We may check information provided by you, or information

about you provided by a third party, with other information held by us. We will not disclose information

about you to anyone outside the Inland Revenue Department unless permitted by law. he Inland Revenue

Department treats your personal information in accordance with the Data Protection Act 2001 (Cap 440) to

protect your privacy. Any queries may be addressed to The Data Controller, Inland Revenue Department,

Floriana, CMR 03. ".

PART II

"SIXTH SCHEDULE

[Rule 11(3)]

B

".

PART III

"EIGHTH SCHEDULE

".

€1.08

Sub-rule (1) of rule 11 of the principal rules shall be Amends rule 11

of the principal

substituted by the following

rules.

"(1) Subject to the provisions of article

42(2)(c) of the Act, the provisions of sub-rules

(5), (6) and (7) of rule 5 of the Capital Gains

Rules shall apply mutatis mutandis for the

purpose of determining the real value of a

company and the real value of shares in a

company and references in the said sub-rules to

"market value" shall be construed as references

to "real value".".

The First Schedule to the principal rules shall be

substituted by the First Schedule appearing in Part I of the Schedule

to these rules.

The Sixth Schedule to the principal rules shall be

substituted by the Sixth Schedule appearing in Part II of the Schedule

to these rules.

Immediately after the Seventh Schedule to the principal

rules, there shall be added the Eighth Schedule appearing in Part III

of the Schedule to these rules.