59 tal-2016 - Ordni tal-2016 dwar Eżenzjoni mit-Taxxa fuq Trasferimenti

L.N. 59 of 2016

DUTY ON DOCUMENTS AND TRANSFERS ACT

(CAP. 364)

Duty on Transfers (Exemption) Order, 2016

BY VIRTUE of the powers vested in him by article 23 of the

Duty on Documents and Transfers Act, the Minister for Finance has

made the following Order:-

The title of this Order is the Duty on Transfers Citation.

(Exemption) Order, 2016.

Subject to the other provisions of this Order, in the case of Duty

a transfer of immovable property to which this Order applies, the duty chargeable.

otherwise chargeable in terms of the Duty on Documents and Cap. 364.

Transfers Act shall be chargeable at the rate of two euro and fifty

cents on every one hundred euro or part thereof of the amount or

value of the consideration for the transfer of the property or of the

value of the property, whichever is the greater.

This Order applies to a transfer inter vivos of immovable Applicability of

Order.

property when -

(a)

the transfer is made on or after the 1st January 2016

but before the 1st January 2017 to a person who does not require

a permit by the Minister for the purposes of the Immovable Cap. 246.

Property (Acquisition by Non-Residents) Act;

(b) the property is situated within an urban conservation

area or is scheduled by the Malta Environment and Planning

Authority, hereinafter referred to as "MEPA", in terms of article

81 of the Environment and Development Planning Act or any Cap. 504.

Act which may be substituted therefor;

(c)

together with the notice referred to in article 51 of

the Duty on Documents and Transfers Act, there shall be Cap. 364.

submitted to the Commissioner for Revenue a certificate issued

by the MEPA certifying that the property falls within a

development area known as an Urban Conservation Area

(UCA), or is a scheduled property in accordance with article 81

of the Environment and Development Planning Act or any Act Cap. 504.

which may be substituted therefor;

(d) no relief was claimed under this Order in respect of

any previous transfer of the said property;

(e)

no relief is claimed under article 32C of the Duty on Cap. 364.

Documents and Transfers Act.

The person who acquires the property must submit to the

Commissioner for Revenue any information, forms and

documentation that the Commissioner for Revenue may require by

means of a notice in writing within the period, not being less than

thirty (30) days, specified in the notice.

The relief granted under this Order shall be forfeited and

the provisions of article 6 shall apply in the case of a breach of the

condition referred to in article 4 or if at any time during the period of

ownership MEPA notifies the Commissioner for Revenue that illegal

development has taken place on any part of the property and, or the

property is not regenerated according to the characteristics of the area

or restoration of the said property.

When the relief from duty under this Order is forfeited as

provided in article 5, the provisions of article 2 shall not apply and the

duty chargeable on the transfer referred to in that article shall be the

duty that would have been chargeable in accordance with the

provisions of the Duty on Documents and Transfers Act had the relief

under this Order not been claimed and availed of, provided that the

duty so chargeable shall not be less than the duty calculated in

accordance with article 2.

In the event that duty on a transfer becomes chargeable in

accordance with article 6, the excess, if any, of the amount of the duty

so chargeable over the amount of duty that was paid on the deed of

that transfer shall become payable to the Commissioner by the person

to whom the transfer was made

(a)

if the person who acquires the property fails,

without reasonable excuse, to submit to the Commissioner for

Revenue any information, forms or documentation requested in

a notice in writing as referred to in article 4 within the period,

not being less than thirty (30) days, specified in that notice,

immediately upon the expiration of that period;

(b) if MEPA notifies the Commissioner for Revenue

that illegal development has taken place on any part of the

property and, or the property is not regenerated according to the

characteristics of the area or restoration of the said property, on

the date MEPA issues such notification.

€0.18