Cooperation with Other Jurisdictions on Tax Matters

L.N. 8 of 2023

INCOME TAX ACT

(CAP. 123)

Cooperation with Other Jurisdictions on Tax Matters

(Amendment) Regulations, 2023

IN EXERCISE of the powers conferred by articles 76 and 96 of

the Income Tax Act, the Minister responsible for finance has made

the following regulations:-

(1) The title of these regulations is the Cooperation with Citation and

Other Jurisdictions on Tax Matters (Amendment) Regulations, 2023 commencement.

and these regulations shall be read and construed as one with the

Cooperation with Other Jurisdictions on Tax Matters Regulations, S.L. 123.127.

hereinafter referred to as "the principal regulations".

(2) The provisions of regulation 13 of the principal regulations,

as amended by regulation 6 of these regulations, shall come into force,

or be deemed to have come into force, as follows

(a) the provisions of sub-regulations (1) and (8)(a) of

the said regulation 13 of the principal regulations shall be

deemed to have come into force on 1 January 2015;

(b) the provisions of sub-regulations (2) and (8)(b) of

the said regulation 13 of the principal regulations shall be

deemed to have come into force on 1 January 2016;

(c) the provisions of sub-regulations (3) and (8)(c) of

the said regulation 13 of the principal regulations shall be

deemed to have come into force on 1 January 2017;

(d) the provisions of sub-regulations (4) and (8)(d) of

the said regulation 13 of the principal regulations shall be

deemed to have come into force on 5 June 2017;

(e) the provisions of sub-regulations (7) and (8)(e) of

the said regulation 13 of the principal regulations shall be

deemed to have come into force on 1 July 2017; and

(f) the provisions of sub-regulations (8)(f) and (12) of

the said regulation 13 of the principal regulations shall come

into force on 1 January 2023.

Regulation 2 of the principal regulations shall be amended

as follows

(a) immediately after the definition "competent

authority" thereof there shall be added the following new

definition

" "data breach" means a breach of security leading to

destruction, loss, alteration or any incident of inappropriate

or unauthorised access, disclosure or use of information,

including but not limited to personal data transmitted,

stored or otherwise processed, as the result of deliberate

unlawful acts, negligence or accidents. A data breach may

concern the confidentiality, availability and integrity of

data;";

(b) immediately after the definition "group request"

thereof there shall be added the following new definition

" "joint audit" means an administrative enquiry jointly

conducted by the competent authority in Malta and the

competent authority of another one (1) or more Member

States, and which is linked to one (1) or more persons of

common or complementary interest to the competent

authorities of those Member States;"; and

(c) the definition "EU Administrative Cooperation

Directive" shall be substituted by the following new definition

" "EU Administrative Cooperation Directive" means

Council Directive 2011/16/EU of 15 February 2011 on

administrative cooperation in the field of taxation and

repealing Directive 77/799/EEC;".

Regulation 5 of the principal regulations shall be amended

as follows

(a) sub-regulation (3) thereof shall be substituted by the

following new sub-regulation

"(3) The competent authority in Malta shall arrange

for the carrying out of any administrative enquiries

necessary to obtain the information requested by the

requesting authority. The request may contain a reasoned

request for an administrative enquiry. If the competent

authority in Malta takes the view that no administrative

enquiry is necessary, it shall immediately inform the

requesting authority of the reasons thereof."; and

(b) sub-regulation (7) thereof shall be substituted by the

following new sub-regulation

"(7) For the purposes of the implementation and

enforcement of the laws giving effect to the EU

Administrative Cooperation Directive and to ensure the

functioning of the administrative cooperation it

establishes, the Commissioner for Revenue shall have

access to the mechanisms, procedures, documents and

information referred to in regulations 7 and 13 of the

Prevention of Money Laundering and Funding of

Terrorism Regulations, the Centralised Bank Account

Register Regulations, the Companies Act (Register of

Beneficial Owners) Regulations and the Trusts and

Trustees Act (Register of Beneficial Owners)

Regulations.".

Regulation 9 of the principal regulations shall be amended Amends

regulation 9 of

as follows

the principal

regulations.

(a) sub-regulation (3) thereof shall be substituted by the

following new sub-regulation

"(3) Unless otherwise agreed to between the two (2)

relevant competent authorities, the competent authority in

Malta shall provide the requesting authority with the

requested information as soon as practicable, and no later

than three (3) months from the date of receipt of the

request

Provided that where the competent authority in

Malta is unable to respond to the request by the relevant

time limit, it shall inform the requesting authority

immediately and in any event within three (3) months of the

receipt of the request, of the reasons for its failure to do so,

and the date by which it considers it might be able to

respond. The time limit shall not be longer than six (6)

months from the date of receipt of the request

Provided further that where the competent

authority in Malta is already in possession of the requested

information, the s a i d information shall be transmitted

within two (2) months of the date of receipt of the request

Provided further that where the competent

authority in Malta is unable to provide the requested

information, an update of the situation shall be given

every three ( 3 ) months until the matter is settled."; and

(b)

sub-regulation (4) thereof shall be deleted.

Immediately after sub-regulation (3) of regulation 12 of

the principal regulations there shall be added the following new sub-

(4) (a) For the purposes of a request referred

to in sub-regulation (1), the requested information is

foreseeably relevant where, at the time the request is

made, the requesting authority considers that, in

accordance with its national law, there is a reasonable

possibility that the requested information will be

relevant to the tax affairs of one (1) or several

taxpayers, whether identified by name or otherwise, and

be justified for the purposes of the investigation.

(b) With the aim to demonstrate the

foreseeable relevance of the requested

information, the requesting authority shall provide

at least the following information to the

competent authority in Malta

(i) the tax purpose for which the

information is sought; and

(ii) a

specification

of

the

information required for the administration

or enforcement of its national law.

(c) Where a request referred to in sub-

regulation (1) relates to a group of taxpayers who

cannot be identified individually, the requesting

authority shall provide at least the following

information to the competent authority in Malta

(i) a detailed description of the

group;

(ii) an explanation of the applicable

law and of the facts based on which there is

reason to believe that the taxpayers in the

group have not complied with the applicable

law;

(iii) an explanation on how the

requested information would assist in

determining compliance by the taxpayers

in the group; and

(iv) where relevant facts and

circumstances related to the involvement of

a third party that actively contributed to the

potential non-compliance of the taxpayers in

the group with the applicable law.".

Regulation 13 of the principal regulations shall be amended Amends

regulation 13 of

as follows

the principal

regulations.

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) The competent authority in Malta shall, by

automatic exchange, communicate to the competent

authority of any other EU Member State all

information that is available concerning residents of

that other EU Member State, on the following specific

categories of income and capital

(a) income from employment;

(b) director’s fees;

(c) life insurance products not covered

by other Union legal instruments on exchange of

information and other similar measures;

(d) pensions;

(e) ownership of and income from

immovable property;

(f) royalties.";

(b) sub-paragraph (ii) of paragraph (e) of sub-regulation

(3) thereof shall be substituted by the following new sub-

paragraph

"(ii) a summary of the advance cross-border ruling

or advance pricing arrangement, including a description of

the relevant business activities or transactions or series of

transactions and any other information that could assist the

competent authority in assessing a potential tax risk,

without leading to the disclosure of a commercial,

industrial or professional secret or of a commercial process,

or of information whose disclosure would be contrary to

public policy;";

(c) in paragraph (b) of sub-regulation (4) thereof, the

words "sub-regulation (7)(d)" shall be substituted by the words

"sub-regulation (8)(d)";

(d) in sub-paragraph (i) of paragraph (c) of sub-

regulation (8) thereof, the words "pursuant to sub-regulation

(3)(a);" shall be substituted by the words "pursuant to sub-

regulation (3)(a):" and immediately after there shall be added the

following new proviso

"Provided that with effect from 1st January

2023, the communication of information shall take place

without delay after the advance cross-border rulings or

advance pricing arrangements have been issued, amended

or renewed and at the latest three (3) months following the

end of the half of the calendar year during which the

advance cross-border rulings or advance pricing

arrangements were issued, amended or renewed;";

(e) in paragraph (e) of sub-regulation (8) thereof, the

words "by 30th April 2021." shall be substituted by the words

"by 30th April 2021;" and immediately after there shall be added

the following new paragraph

"(f) for the information laid down in sub-regulation

(12), within two ( 2 ) months following the end of the

Reportable Period to which the reporting requirements

applicable to the Reporting Malta Platform Operator relate.

The first information shall be communicated for Reportable

Periods as from 1st January 2023.";

(f) paragraph (a) of the definition "automatic exchange

of information" in sub-regulation (9) thereof shall be substituted

by the following new paragraph

"(a) for the purposes of sub-regulations (1), (3),

(4), (7) and (12), the systematic communication of pre-

defined information to another Member State, without prior

request, at pre-established regular intervals. For the

purposes of sub-regulation (1), the reference to available

information relates to information in the tax files of Malta,

which is retrievable in accordance with the procedures for

gathering and processing information in Malta;";

(g) paragraph (c) of the definition "automatic exchange

of information" in sub-regulation (9) thereof shall be substituted

by the following new paragraph

"(c) for the purposes of the provisions of these

regulations that implement the EU Administrative

Cooperation Directive, other than sub-regulations (1), (2),

(3), (4), (7) and (12), the systematic communication of pre-

defined information provided in paragraphs (a) and (b);";

(h)

sub-regulation (10) thereof shall be deleted;

(i) sub-regulation (11) thereof shall be substituted by the

following new sub-regulation

"(11) The competent authority in Malta shall provide

the Commission, on an annual basis, with statistics on the

volume of automatic exchanges in accordance with this

regulation and, to the extent possible, with information on

the administrative and other relevant costs and benefits

relating to exchanges that have taken place and any

potential changes, for both tax administrations and third

parties"; and

(j) sub-regulation (12) thereof shall be substituted by the

following new sub-regulation

(12) (a) A Reporting Malta Platform Operator

shall apply the due diligence procedures and fulfil

reporting requirements laid down in Sections II and III

of Annex V.

(b) The competent authority in Malta

shall, by means of automatic exchange,

communicate the report received in accordance

with paragraph (a) within the time limit laid down

in sub-regulation (8)(f), to the competent

authority of the Member State in which the

Reportable Seller is resident as determined

pursuant to paragraph D of Section II of Annex V

and, where the Reportable Seller provides

immovable property rental services, in any case to

the competent authority of the Member State in

which the immovable property is located.

(c) The information regarding each

Reportable Seller to be communicated by the

competent authority in Malta pursuant to

paragraph (b) shall be the following

(i) the name, the registered office

address, the TIN and, where relevant, the

identification number of the Reporting Malta

Platform Operator, as well as the business

name(s) of the Platform(s) in respect of

which the Reporting Platform Operator is

reporting;

(ii) the n a m e a n d s u r n a m e of

the Reportable Seller who is an individual,

and the legal name of the Reportable Seller

that is an Entity;

(iii) the Primary Address;

(iv) any TIN of the Reportable

Seller, including each Member State of

issuance or, in the absence of a TIN, the

place of birth of the Reportable Seller who is

an individual;

(v) the business registration number

of the Reportable Seller that is an Entity;

(vi) the VAT identification number of

the Reportable Seller, where available;

(vii) the date of birth of the

Reportable Seller who is an individual;

(viii) the Financial Account Identifier

to which the Consideration is paid or

credited, insofar as it is available to the

Reporting Malta Platform Operator, and

unless the competent authority of the

Member State where the Reportable Seller is

resident within the meaning of paragraph D

of Section II of Annex V has not notified the

competent authorities of all other Member

States that it does not intend to use the

Financial Account Identifier for this

purpose;

(ix) where different from the name of

the Reportable Seller, in addition to the

Financial Account Identifier, the name of the

holder of the financial account to which the

Consideration is paid or credited, to the

extent available to the Reporting Malta

Platform Operator, as well as any other

financial identification information available

to the Reporting Malta Platform Operator

with respect to that account holder;

(x) each Member State in which the

Reportable Seller is resident determined

pursuant to paragraph D of Section II of

Annex V;

(xi) the total Consideration paid or

credited during each quarter of the

Reportable Period and the number of

Relevant Activities in respect of which it

was paid or credited; and the total

Consideration paid or credited during each

quarter of the Reportable Period and the

number of Relevant Activities in respect of

which it was paid or credited; and

(xii) any fees, commissions or taxes

withheld or charged by the Reporting Malta

Platform Operator during each quarter of the

Reportable Period

Provided that where the Reportable Seller

provides immovable property rental services, the

following

additional

information

shall

be

communicated

(i) the address of each Property

Listing, determined on the basis of the

procedures set out in paragraph E of Section

II of Annex V and the respective land

registration number or its equivalent under

the national law of the Member State where

it is located, where available;

(ii) the total Consideration paid or

credited during each quarter of the

Reportable Period and number of Relevant

Activities provided with respect to each

Property Listing; and

(iii) where available, the number of

days each Property Listing was rented

during the Reportable Period and the type of

each Property Listing.

(d) Where the information that is required

to be reported in accordance with paragraph B of

Section III of Annex V is incomplete or

inaccurate, the Commissioner may request the

reporting of complete and accurate information as

is required in accordance with these regulations.

(e) A Reporting Malta Platform Operator

within the meaning of sub-paragraph A(7) of

Section 1 of Annex V shall register with the

Commissioner in such manner and within such

period of time that the Commissioner may require,

by means of guidelines published on the website

of the Commissioner for Revenue in accordance

with the provisions of article 96(2) of the Income

Tax Act

Provided that a Reporting Malta Platform

Operator within the meaning of sub-paragraph A(7)(e)

of Section 1 of Annex V shall register once it

commences its activity as a Platform Operator

Provided further that a Reporting Malta

Platform Operator within the meaning of part A(7)(e)

of Section 1 of Annex V shall use service providers to

fulfil its registration and reporting obligations specified

in these regulations, which obligations shall remain the

responsibility of the Reporting Malta Platform

Operator.

(f) The Reporting Platform Operator,

having successfully registered with the competent

authority in Malta as its Member State of its

single registration, shall notify the competent

authority in Malta of any change in the

information provided in accordance with

paragraph (e).

(g) Notwithstanding the administrative

penalties stipulated in regulation 52, where a

Reporting Platform Operator, after having

registered with the competent authority in Malta

as its Member State of its single registration, fails

to report the information required to be reported

in accordance with sub-paragraph A(3) of

Section III of Annex V following two reminders

by the competent authority in Malta, it shall have

its registration revoked. The registration shall be

revoked not later than after the expiration of

ninety (90) days but not prior to the expiration of

thirty (30) days after the second reminder.

(h) Where a Platform Operator is deemed

to be an Excluded Platform Operator, the

competent authority in Malta shall notify the

competent authorities of all other Member States

accordingly, including any subsequent changes.

(i) Subject to the provisions of article 19

of the Income Tax Management Act, a Reporting

Malta Platform Operator shall maintain and retain

all the documentation and information it collects

in the course of meeting its reporting and due

diligence obligations specified in this sub-

regulation and Sections II and III of Annex V

for a minimum period of five (5) years which start

to run from the end of the year in which the

information relates. In so doing, a Reporting

Malta Platform Operator shall keep records of the

steps undertaken in relation to any evidence relied

upon for the performance of its obligations and

adequate measures to obtain the said records.".

Regulation 15 of the principal regulations shall be amended Amends

regulation 15 of

the principal

regulations.

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) With a view of exchanging the information

referred to in regulation 12(1), the competent authority

in Malta may request the competent authority of another

Member State that officials authorised by the competent

authority in Malta and in accordance with the

procedural arrangements laid down by the competent

authority of the requested Member State

(a) be present in the offices where the

administrative authorities of the requested

Member State carry out their duties;

(b) be present during administrative

enquiries carried out in the territory of the

requested Member State;

(c) participate in the administrative

enquiries carried out by the requested Member

State through the use of electronic means of

communication, where appropriate

Provided that where the requested authority

is the competent authority in Malta, it shall respond to

the request within sixty (60) days of the receipt of the

request, to confirm its agreement or communicate its

reasoned refusal to the requesting authority

Provided further that where the requested

information is contained in documentation to which

the officials of the competent authority in Malta have

access, the officials of the requesting authority shall be

given copies thereof."; and

(b) in sub-regulation (2) thereof, the words "In so far as it

is permitted under Maltese legislation, the agreement referred to

in sub-regulation (1) may provide that, where officials of the

requesting authority are present during administrative enquiries,

they may interview individuals and examine records." shall be

substituted by the words "Where officials of the requesting

authority are present during administrative enquiries, or

participate in the administrative enquiries through the use of

electronic means of communication, they may interview

individuals and examine records subject to the procedural

arrangements laid down by the requested Member State.".

Sub-regulation (3) of regulation 16 of the principal

regulations shall be substituted by the following new sub-regulation

"(3) The competent authority in Malta shall, upon receipt

of a notification for a simultaneous control from the competent

authority of another EU Member State, decide whether it intends

to take part in simultaneous controls and it shall confirm its

agreement or communicate its reasoned refusal to the authority

that proposed a simultaneous control within sixty (60) days of

receiving the proposal.".

Immediately after regulation 16 of the principal regulations

there shall be added the following new regulation

(1) The competent authority of one (1)

"Joint audit.

or more Member States may request the competent

authority of another Member State or other Member

States to conduct a joint audit. Where the competent

authority in Malta is a requested competent authority, it

shall respond to the request within sixty (60) days of the

receipt of the request. The competent authority in Malta

may reject a request for a joint audit by the competent

authority of a Member State on justified grounds.

(2) Joint audits shall be conducted in a pre-

agreed and coordinated manner, which include

linguistic arrangements, by the competent authorities of

the requesting and the requested Member States, and in

accordance with the laws and procedural requirements

of the Member State where the activities of a joint audit

take place. Where the activities of a joint audit take

place in Malta, the competent authority in Malta shall

appoint a representative with the responsibility for

supervising and coordinating the joint audit in Malta

Provided that the rights and obligations of

the officials of Member States who participate in a

joint audit, when they are present in activities

performed in a different Member State, shall be

determined in accordance with the laws of the Member

State where the activities of the joint audit take place

Provided further that while complying with

the laws of the Member State where the activities of the

joint audit take place, the officials of another Member

State shall not exercise any powers that would exceed

the scope of the powers granted to them under the laws

of their Member State.

(3) Without prejudice to the provisions of sub-

regulation (2), when the activities of a joint audit take

place in Malta, the Maltese tax administration shall

take the necessary measures to

(a) permit that officials of other Member

States who participate in the activities of the joint

audit interview individuals and examine records

together with the officials of the Maltese tax

administration, subject to the procedural

arrangements laid down in Malta;

(b) ensure that evidence collected during

the activities of the joint audit can be assessed,

including on its admissibility, under the same

legal conditions as in the case of an audit carried

out in Malta where only the officials of Maltese

tax administration take part, including in the

course of any process of complaint, review or

appeal; and

(c) ensure that the person(s) subject to a

joint audit or affected by it enjoy the same rights

and have the same obligations as in the case of an

audit where only the officers of the Maltese tax

administration take part, including in the course

of any process of complaint, review or appeal.

(4) Where the competent authority in Malta

conducts a joint audit with the competent authority of

another one (1) or more Member States, the competent

authorities shall endeavour to agree on the facts and

circumstances relevant to the joint audit and endeavour

to reach an agreement on the tax position of the audited

person(s) based on the results of the joint audit

Provided that the findings of the joint audit

shall be incorporated in a final report. Issues on which

the competent authorities agree shall be reflected in

the final report and be taken into account in the relevant

instruments issued by the competent authorities of the

participating Member States following such joint audit

Provided further that the actions by the

competent authority in Malta or any of its officers

following a joint audit and any further processes, such

as a decision of tax authorities, process of appeal or

settlement relating thereto, shall take place in

accordance with Maltese law.

(5) The audited person(s) shall be informed of

the outcome of the joint audit, including a copy of the

final report within sixty (60) days of the issuance of the

final report.".

10. Regulation 18 of the principal regulations shall be amended

(a) sub-regulation (1)(a) thereof shall be substituted by

the following new sub-regulation

"(1) (a) Information

communicated

between

Member States in any form pursuant to the EU

Administrative

Cooperation

Directive

(including

information, reports and documents communicated by the

EU Commission pursuant to Article 23a thereof) shall be

covered by the obligation of official secrecy and enjoy the

protection granted to similar information under the Income

Tax Acts. The said information may be used for the

assessment, administration and enforcement of Maltese law

concerning the taxes referred to in Article 2 of the EU

Administrative Cooperation Directive as well as VAT and

other indirect taxes

Provided that reports and documents produced

by the EU Commission referred to in Article 23a of the

EU Administrative Cooperation Directive may be used by

EU Member States only for analytical purposes and shall

not be published or made available to any other person or

body without the express agreement of the EU

Commission."; and

(b) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) (a) With the permission of the competent

authority of the Member State communicating information

pursuant to the EU Administrative Cooperation Directive,

and only insofar as this is allowed under Maltese law,

information and documents received pursuant to the said

Directive may be used for other purposes than those

referred to in sub-regulation (1). Such permission shall be

granted if the information can be used for similar purposes

in the Member State of the competent authority

communicating the information.

(b) The competent authority in Malta may

communicate to the competent authorities of all other

Member States a list of purposes for which, in compliance

with Maltese law, information and documents may be used,

other than those referred to in sub-regulation 1(a). The

competent authority that receives the information and

documents may use the received information and

documents without the permission referred to in paragraph

(a) for any of the purposes listed by the competent authority

in Malta.".

11. Regulation 21 of the principal regulations shall be Substitutes

regulation 21 of

the principal

regulations.

substituted by the following new regulation

(1) All exchange of information pursuant

to these regulations shall be made in conformity with

Regulation (EU) 2016/679 of the European Parliament

and of the Council (General Data Protection

Regulation) and the Data Protection Act. Nevertheless,

by application of Article 23(1)(e), Article 13, Article

14(1) and Article 15 of the said Regulation shall not

apply, as the provision of information under this

regulation constitutes a necessary measure in the

interest of taxation matters.

(2) Regulation (EU) 2018/1725 of the European

Parliament and of the Council shall apply to any

processing of personal data under the EU

Administrative Cooperation Directive by the Union

institutions, bodies, offices and agencies. However, for

the purposes of the correct application of the EU

Administrative Cooperation Directive, the scope of the

obligations and rights provided for in Article 15,

Article 16(1), and Articles 17 to 21 of Regulation (EU)

2018/1725 shall be restricted to the extent required in

order to safeguard the interests referred to in point (c) of

Article 25(1) of the said Regulation.

(3) The Reporting Malta Financial Institutions,

the intermediaries, the Reporting Malta Platform

Operators and the competent authority in Malta shall be

considered to be data controllers when, acting alone or

jointly, they determine the purposes and means of the

processing of personal data within the meaning of

Regulation (EU) 2016/ 679 and the Data Protection Act.

(4) Notwithstanding the provisions of sub-

regulation (1), the Commissioner shall ensure each

Reporting Malta Financial Institution or intermediary or

Reporting Malta Platform Operator, as the case may be,

which is under the jurisdiction of Malta

(a) informs each individual concerned that

information relating to that individual s h a l l be

collected and transferred in accordance with

these regulations; and

(b) provides to each individual concerned

all information that the individual is entitled to

from the data controller in sufficient time for that

individual to exercise his data protection rights

and, in any case, before the information is

reported

Provided that notwithstanding the provisions

of this sub-regulation, each Reporting Malta Platform

Operator shall inform Reportable Sellers of the reported

Consideration.

(5) Information processed in accordance with

these regulations shall be retained for no longer than is

necessary to achieve the purposes of these regulations.

(6) In the case that a data breach occurs in

Malta

(a) the competent authority in Malta shall

report the data breach and any subsequent

remedial action to the Commission without delay;

(b) the competent authority in Malta shall

investigate, contain and remedy the data breach

and shall, by giving notice in writing to the

Commission, request the suspension of the CCN

access for the purposes of these regulations, if the

data breach cannot be contained immediately and

appropriately.

(7) In the case that a data breach occurs in

another Member State, the competent authority in Malta

may suspend the exchange of information to the

Member State(s) where the data breach occurred by

giving notice in writing to the Commission and the

Member State(s) concerned. Such suspension shall have

immediate effect.".

12. Sub-regulations (2) and (3) of regulation 22 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

the principal

regulations.

"(2) Spontaneous information and its acknowledgement

pursuant to regulation 14, requests for administrative

notifications pursuant to regulation 17, feedback information

pursuant to regulation 11(4) and (5) and communications

pursuant to regulation 18(2) and (4) and regulation 20(1) shall

be sent using the standard forms adopted by the Commission in

accordance with the procedure referred to in Article 26(2) of the

EU Administrative Cooperation Directive.

(3)

The automatic exchange of information pursuant to

regulation 13(1) and (12) shall be carried out using a standard

computerised format aimed at facilitating such automatic

exchange, adopted by the Commission in accordance with the

procedure referred to in Article 26(2) of the EU Administrative

Cooperation Directive.".

13. In sub-regulation (1) of regulation 30 of the principal

regulations, immediately after the words "U.S. Reportable Accounts"

there shall be added the words "together with an annual report on the

measures and procedures it maintains and applies to fulfil its

obligations with the FATCA Agreement".

14. In sub-regulation (2) of regulation 33 of the principal

regulations, the words "every director, manager or other principal

officer" shall be substituted by the words "every senior managing

official".

15. In regulation 41 of the principal regulations, immediately

after the words "Annex I to these regulations" there shall be added the

words "together with an annual report on the measures and procedures

it maintains and applies to fulfil its obligations with Annex I".

16. In sub-regulation (2) of regulation 44 of the principal

regulations, the words "every director, manager or other principal

officer" shall be substituted by the words "every senior managing

official".

17. Immediately after regulation 51 of the principal regulations

there shall be added the following new regulation

" Administrative

52. (1) Where a Reporting Malta Platform

penalties for failure

Operator fails to comply with any of the obligations set

to comply.

out in the EU Administrative Cooperation Directive,

the Reporting Malta Platform Operator shall be liable to

the following administrative penalties

(a) where a Reporting Malta Platform

Operator fails to register with the Commissioner

in accordance with regulation 13(12)(e) and in

such manner and within the period of time that

the Commissioner requires, to an administrative

penalty of five hundred euro (€500);

(b) where a Reporting Malta Platform

Operator fails to retain the documentation and

information it collected in the course of

meeting its due diligence and reporting

obligations for a minimum period of five (5) years

starting from the end of the year in which the

information relates, to an administrative penalty

of two thousand five hundred euro (€2,500);

(c) where a Reporting Malta Platform

Operator fails to apply the due diligence

procedures specified in Section II of Annex V,

to an administrative penalty of five thousand

euro (€5,000);

(d) where a Reporting Malta Platform

Operator fails to report the information required

to be reported in accordance with Section III of

Annex V within the time stipulated in the said

Section III, to an administrative penalty of

(i) two thousand five hundred euro

(€2,500); and

(ii) one hundred euro (€100) for

every day during which the default existed,

which administrative penalty shall not

exceed in total twenty thousand euro

(€20,000);

(e) where a Reporting Malta Platform

Operator fails to report the information required

to be reported in terms of Section III of Annex V

in a complete and accurate manner, to a penalty

of

(i) in the case of minor errors

- two hundred euro (€200); and

- fifty euro (€50) for every day

during which the default existed,

which administrative penalty shall not

exceed in total five thousand euro

(€5,000);

(ii) in the case of significant non-

compliance, an administrative penalty of up

to fifty thousand euro (€50,000).

(2) In addition, and without prejudice to any

administrative penalties incurred in accordance with

sub-regulation (1), where a Reporting Malta Platform

Operator is found to have submitted information that is

misleading or false, every senior managing official of

such Reporting Malta Platform Operator shall be

liable to an administrative penalty of not less than ten

thousand euro (€10,000) and not more than thirty

thousand euro (€30,000)

Provided that a senior managing official of

the said Reporting Malta Platform Operator shall not be

guilty of such an offence if he proves that he was

unaware and could not with reasonable diligence be

aware of such act or omission and that he did

everything within his power to prevent that act or

omission.".

18. Points 3 and 4 of Section II of Annex III to the principal

regulations shall be substituted by the following

"3. Any Constituent Entity of an MNE Group

that is resident for tax purposes in Malta shall notify the

Commissioner whether it is the Ultimate Parent Entity

or the Surrogate Parent Entity or the Constituent Entity

referred to in point 1, no later than the tax return date

applicable to that Constituent Entity as determined

under regulation 2 of the Income Tax (Statutory Dates)

Rules.

4. Where a Constituent Entity of an MNE

Group, that is resident for tax purposes in Malta, is not

the Ultimate Parent Entity nor the Surrogate Parent

Entity nor the Constituent Entity referred to in point 1,

it shall notify the Commissioner of the identity and tax

residence of the Reporting Entity, no later than the tax

return date applicable to that Constituent Entity as

determined under regulation 2 of the Income Tax

(Statutory Dates) Rules.".

19. Immediately after Annex IV of the principal regulations

there shall be added the following new Annex

"ANNEX V

In the context of Annex V, any capitalised term shall

have the meaning that it has under the corresponding

definitions set out in this Annex.

DUE DILIGENCE PROCEDURES, REPORTING

REQUIREMENTS AND OTHER RULES FOR

PLATFORM OPERATORS.

This Annex lays down the due diligence

procedures, reporting requirements and other rules that

shall be applied by Reporting Malta Platform Operators

in order to enable Malta to communicate, by automatic

exchange, the information referred to in regulation

13(12). This Annex also describes the rules and

administrative procedures that Malta has in place to

ensure effective implementation of, and compliance

with, the diligence procedures and reporting

requirements set out below.

SECTION I

DEFINED TERMS

The following terms shall have the meanings set

forth below

A. Reporting Platform Operators

1. "Platform" means any software, including

a website or a part thereof and applications, including

mobile applications, accessible by users and allowing

Sellers to be connected to other users for the purpose

of carrying out a Relevant Activity, directly or

indirectly, to such users. It also includes any

arrangement for the collection and payment of a

Consideration in respect of Relevant Activity.

The term "Platform" does not include software

that without any further intervention in carrying out a

Relevant Activity exclusively allows any of the

following

(a) processing of payments in relation to

Relevant Activity;

(b) users to list or advertise a Relevant

Activity;

(c) redirecting or transferring of users to a

Platform.

2. "Platform Operator" means an Entity that

contracts with Sellers to make available all or part of a

Platform to such Sellers.

3. "Excluded Platform Operator" means a

Platform Operator which has demonstrated upfront and

on an annual basis to the satisfaction of the competent

authority in Malta that its entire business model is such

that it does not have Reportable Sellers.

4. "Reporting Platform Operator" means any

Platform Operator, other than an Excluded Platform

Operator, which is in any of the following situations

(a) is resident for tax purposes in a

Member State or, where such Platform Operator

does not have a residence for tax purposes in a

Member State, it fulfils any of the following

conditions

(i) it is incorporated under the laws

of a Member State;

(ii) it has its place of management,

including effective management, in a

Member State;

(iii) it has a permanent establishment

in a Member State and is not a Qualified

Non-Union Platform Operator;

(b) it is neither resident for tax purposes,

nor incorporated or managed in a Member State,

nor has a permanent establishment in a Member

State, but facilitates the carrying out of a

Relevant Activity by Reportable Sellers or a

Relevant Activity involving the rental of

immovable property located in a Member State

and is not a Qualified Non-Union Platform

Operator.

5. "Qualified Non-Union Platform Operator"

means a Platform Operator for which all Relevant

Activities that it facilitates are also Qualified Relevant

Activities and that is resident for tax purposes in a

Qualified Non-Union Jurisdiction or, where such

Platform Operator does not have a residence for tax

purposes in a Qualified Non-Union Jurisdiction, it

fulfils any of the following conditions

(a) it is incorporated under the laws of a

Qualified Non-Union Jurisdiction; or

(b) it has its place of management,

including effective management, in a Qualified

Non-Union Jurisdiction.

6. "Qualified Non-Union Jurisdiction" means a

non-Union jurisdiction that has in effect an Effective

Qualifying Competent Authority Agreement with the

competent authorities of all Member States which are

identified as reportable jurisdictions in a list published

by the non-Union jurisdiction.

7. "Reporting Malta Platform Operator"

means any Platform Operator, other than an Excluded

Malta Platform Operator, which is

(a) resident for tax purposes in Malta

and not resident for tax purposes in any other

Member State;

(b) resident for tax purposes in Malta and

any other Member State and has elected in

accordance with part A(2) of Section III to fulfil

its reporting obligations in Malta;

(c) has a permanent establishment in

Malta and is not tax resident in Malta or in any

other Member State and does not fulfil any of the

conditions set out in paragraph (a) of point 4 of

the definition "Reporting Platform Operator" in

Section 1 of this Annex in any other Member

State and is not a Qualified Non- Union Platform

Operator;

(d) has a permanent establishment in

Malta and is not tax resident in Malta or in any

other Member State and fulfils any of the

conditions set out in paragraph (a) of point 4 of

the definition "Reporting Platform Operator" in

Section 1 of this Annex in any other Member

State and is not a Qualified Non- Union Platform

Operator, and has elected in accordance with part

A(2) of Section III of this Annex to fulfil its

reporting obligations in Malta; or

(e) it is not a resident for tax purposes, is

not incorporated or managed in a Member State,

does not have a permanent establishment in a

Member State, but facilitates the carrying out of a

Relevant Activity by Reportable Sellers or a

Relevant Activity involving the rental of

immovable property located in a Member State

and is not a Qualified Non-Union Platform

Operator and has elected in accordance with

regulation 13(3)(f) to fulfil its reporting

obligations in Malta.

8. "Effective Qualifying Competent Authority

Agreement" means an agreement between the

competent authority in Malta and a non-Union

jurisdiction that requires the automatic exchange of

information equivalent to that specified in part B of

Section III of this Annex as confirmed by an

implementing act of the EU Administrative

Cooperation Directive.

9. "Relevant Activity" means an activity

carried out for Consideration and being any of the

following

(a) the rental of immovable property,

including both residential and commercial

property, as well as any other immovable property

and parking spaces;

(b) a Personal Service;

(c) the sale of Goods;

(d) the rental of any mode of transport

Provided that the term "Relevant Activity"

does not include an activity carried out by a Seller

acting as an employee of the Platform Operator or a

related Entity of the Platform Operator.

10. "Qualified Relevant Activities" means any

Relevant Activity covered by the automatic exchange

pursuant to an Effective Qualifying Competent

Authority Agreement.

11. "Consideration" means compensation in any

form, net of any fees, commissions or taxes withheld or

charged by the Reporting Platform Operator, that is paid

or credited to a Seller in connection with the Relevant

Activity, the amount of which is known or reasonably

knowable by the Platform Operator.

12. "Personal Service" means a service

involving time-based or task-based work performed by

one (1) or more individuals, acting either independently

or on behalf of an Entity, and which is carried out at

the request of a user, either online or physically offline

after having been facilitated by means of a Platform.

B. Reportable Sellers

1. "Seller" means a Platform user, either an

individual or an Entity, that is registered at any moment

during the Reportable Period on the Platform and

carries out a Relevant Activity.

2. "Active Seller" means any Seller that either

provides a Relevant Activity during the Reportable

Period or is paid or credited Consideration in

connection with a Relevant Activity during the

Reportable Period.

3. "Reportable Seller" means any Active

Seller, other than an Excluded Seller, that is resident in

a Member State or that rented out immovable property

located in a Member State.

4. "Excluded Seller" means any Seller

(a) that is a Governmental Entity;

(b) that is an Entity the stock of which is

regularly traded on an established securities

market or a related Entity of an Entity the stock of

which is regularly traded on an established

securities market;

(c) that is an Entity for which the

Platform Operator facilitated more than two

thousand (2, 000) Relevant Activities by means of

the rental of immovable property in respect of a

Property Listing during the Reporting Period; or

(d) for which the Platform Operator

facilitated less than thirty (30) Relevant

Activities by means of the sale of Goods and for

which the total amount of Consideration paid or

credited did not exceed two thousand euro (€

2,000) during the Reporting Period.

C. Other definitions

1. "Entity" means a legal person or a legal

arrangement, such as a corporation, partnership, trust or

foundation. An Entity is a related Entity of another

Entity if either Entity controls the other Entity, or the

two (2) Entities are under common control. For this

purpose, control includes direct or indirect ownership

of more than fifty per cent (50%) of the vote and value

in an Entity. In indirect participation, the fulfilment of

the requirement for the holding of more than fifty per

cent (50%) of the right of ownership in the capital of the

other Entity shall be determined by multiplying the

rates of holding through the successive tiers. A person

holding more than fifty per cent (50%) of the voting

rights shall be deemed to hold one hundred per cent

(100%).

2. "Governmental

Entity"

means

the

government of Malta or other jurisdiction, any political

subdivision of Malta or other jurisdiction which

includes a state, province, county, or municipality, or

any wholly owned agency or instrumentality of Malta

or other jurisdiction or of any one or more of the

foregoing each, a "Governmental Entity".

3. "TIN" means a Taxpayer Identification

Number, issued by a Member State, or functional

equivalent in the absence of a Taxpayer Identification

Number.

4. "VAT identification number" means the

unique number that identifies a taxable person or a non-

taxable legal entity that is registered for value added tax

purposes.

5. "Primary Address" means the address that

is the primary residence of a Seller who is a individual,

as well as the address that is the registered office of a

Seller that is an Entity.

6. "Reportable Period" means the calendar year

in respect of which reporting is being completed

pursuant to Section III of this Annex.

7. "Property Listing" means all immovable

property units located at the same street address, owned

by the same owner and offered for rent on a Platform by

the same Seller.

8. "Financial Account Identifier" means the

unique identifying number or reference available to the

Platform Operator of the bank account or other similar

payment services account to which the Consideration is

paid or credited.

9. "Goods" means any tangible property.

SECTION II

DUE DILIGENCE PROCEDURES

The following procedures shall apply for the

purpose of identifying Reportable Sellers.

A. Sellers not subject to review

For the purpose of determining whether a Seller

that is an Entity qualifies as an Excluded Seller

described in paragraphs (a) and (b) of part B(4) of

Section I of this Annex, a Reporting Malta Platform

Operator may rely on publicly available information or

a confirmation from the Seller that is an Entity.

For the purpose of determining whether a Seller

qualifies as an Excluded Seller described in paragraphs

(c) and (d) of part B(4) of Section I of this Annex, a

Reporting Malta Platform Operator may rely on its

available records.

B. Collection of Seller Information

1. The Reporting Malta Platform Operator

shall collect all of the following information for each

Seller who is an individual and not an Excluded Seller

(a) the name and surname;

(b) the Primary Address;

(c) any TIN issued to that Seller, including

each Member State of issuance, and in the

absence of a TIN, the place of birth of that

Seller;

(d) the VAT identification number of that

Seller, where available;

(e) the date of birth.

2. The Reporting Malta Platform Operator

shall collect all of the following information for each

Seller that is an Entity and not an Excluded Seller

(a) the legal name;

(b) the Primary Address;

(c) any TIN issued to that Seller, including

each Member State of issuance;

(d) the VAT identification number of that

Seller, where available;

(e) the business registration number;

(f) the existence of any permanent

establishment through which Relevant Activities

are carried out in the Union, where available,

indicating each respective Member State, where

such a permanent establishment is located.

3. Notwithstanding the provisions of parts B(1)

and B(2), the Reporting Malta Platform Operator shall

not be required to collect information referred to in

paragraphs (b) to (e) of part B(1) of Section II of this

Annex V and paragraphs (b) to (f) of part B(2) of

Section II of this Annex where it relies on direct

confirmation of the identity and residence of the Seller

through an identification service made available by a

Member State or the Union to ascertain the identity and

tax residence of the Seller.

4. Notwithstanding

the

provisions

of

paragraph (c) of part B(1) and paragraphs (c) and (e)

of part B(2) of this Section, the Reporting Malta

Platform Operator shall not be required to collect the

TIN or the business registration number, as the case

may be, in any of the following situations

(a) the Member State of residence of the

Seller does not issue a TIN or business

registration number to the Seller;

(b) the Member State of residence of the

Seller does not require the collection of the TIN

issued to the Seller.

C. Verification of Seller Information

1. The Reporting Malta Platform Operator

shall determine whether the information collected

pursuant to part A, part B(1), paragraphs (a) to (e) of

part B(2) and part E of Section II of this Annex is

reliable, using all information and documents

available to the Reporting Malta Platform Operator in

its records, as well as any electronic interface made

available to the public by a Member State or the Union

free of charge to ascertain the validity of the TIN and,

or VAT identification number.

2. Notwithstanding the provisions of part C(1),

for the completion of the due diligence procedures

pursuant to part F(2), the Reporting Malta Platform

Operator may determine whether the information

collected pursuant to part A, part B(1), paragraphs (a)

to (e) of part B(2) and part E of Section II of this

Annex is reliable, using information and documents

available to the Reporting Malta Platform Operator in

its electronically searchable records.

3. In the application of paragraph (b) of part

F(3) of Section II of this Annex and notwithstanding

parts C(1) and C(2) of Section II of this Annex, in

instances where the Reporting Malta Platform Operator

has reason to believe that any of the information items

described in parts B or E of Section II of this Annex

may be inaccurate by virtue of information provided by

the competent authority of a Member State in a request

concerning a specific Seller, the Reporting Malta

Platform Operator is obliged to request the Seller to

correct information items that were found to be

incorrect and to provide supporting documents, data or

information, which are reliable and of independent

source, such as

(a) valid government-issued identification

document,

(b) recent tax residency certificate.

D. Determination of Member States of

residence of Seller for the purposes of regulation

13(12)

1. A Reporting Malta Platform Operator shall

consider a Seller resident in the Member State of the

Seller’s Primary Address. Where different from the

Member State of the Seller’s Primary Address, a

Reporting Malta Platform Operator shall consider the

Seller as resident also in the Member State of issuance

of TIN. Where the Seller has provided information with

respect to the existence of a permanent establishment

pursuant to paragraph (f) of part B(2) of Section II of

this Annex, a Reporting Malta Platform Operator shall

consider the Seller resident also in the respective

Member State as specified by the Seller.

2. Notwithstanding the provisions of part D(1),

a Reporting Malta Platform Operator shall consider a

Seller resident in each Member State confirmed by an

electronic identification service made available by a

Member State or the Union pursuant to part B(3) of

Section II of this Annex.

E. Collection of information on rented

immovable property

Where a Seller is engaged in Relevant Activity

involving the rental of immovable property, the

Reporting Malta Platform Operator shall collect the

address of each Property Listing and, where issued,

respective land registration number or its equivalent

under the national law of the Member State where it is

located. Where a Reporting Malta Platform Operator

facilitated more than two thousand (2,000) Relevant

Activities by means of the rental of a Property Listing

for the same Seller that is an Entity, the Reporting Malta

Platform Operator shall collect supporting documents,

data or information that the Property Listing is owned

by the same owner.

F.

Timing and validity of due diligence

procedures

1. A Reporting Malta Platform Operator shall

complete the due diligence procedures set out in parts

A to E of Section II of this Annex by 31st December of

the Reportable Period.

2. Notwithstanding the provisions of part

F(1), for Sellers that were already registered on the

Platform as of 1st January 2023 or as of the date on

which an Entity becomes a Reporting Malta Platform

Operator, the due diligence procedures set out in parts

A to E of Section II of this Annex are required to be

completed by 31st December of the second Reportable

Period for the Reporting Malta Platform Operator.

3. Notwithstanding the provisions of part F(1),

a Reporting Malta Platform Operator may rely on the

due diligence procedures conducted in respect of

previous Reportable Periods, provided that

(a) the Seller information required in parts

B(1) and B(2) of Section II of this Annex has

been either collected and verified or confirmed

within the last thirty-six (36) months; and

(b) the Reporting Malta Platform Operator

does not have reason to know that information

collected pursuant to parts A, B and E of Section

II of this Annex is or has become unreliable or

incorrect.

G.

Application of the due diligence procedures

to Active Sellers only

A Reporting Malta Platform Operator may elect to

complete the due diligence procedures pursuant to parts

A to F of Section II of this Annex in respect of Active

Sellers only.

H. Completion of the due diligence procedures

by third parties

1. A Reporting Malta Platform Operator may

rely on a third-party service provider to fulfil the due

diligence obligations laid down in this Section, but such

obligations shall remain the responsibility of the

Reporting Malta Platform Operator.

2. Where a Platform Operator fulfils the due

diligence obligations for a Reporting Malta Platform

Operator with respect to the same Platform pursuant to

part H(1) of Section II of this Annex, such Platform

Operator shall carry out the due diligence procedures

pursuant to the rules laid down in this Section. The due

diligence obligations shall remain the responsibility

of the Reporting Malta Platform Operator.

I.

Procedure to ensure the collection of Seller

information

Where a Seller does not provide the

information required in parts A to E in this Section,

after two (2) reminders following the initial request by

the Reporting Malta Platform Operator, but not prior to

the expiration of sixty (60) days, the Reporting Malta

Platform Operator shall close the account of the Seller

and prevent the Seller from re-registering on the

Platform. Payment of the Consideration to the Seller

shall be withheld by the Reporting Malta Platform

Operator until the Seller provides the information

requested.

SECTION III

REPORTING REQUIREMENTS

A. Time and manner of reporting

1. A Reporting Malta Platform Operator shall

report to the competent authority in Malta the

information set out in part B of this Section with

respect to the Reportable Period not later than 31

January of the year following the calendar year in which

the Seller is identified as a Reportable Seller. Where

there is more than one Reporting Platform Operator, a

Reporting Malta Platform Operator shall be exempt

from reporting the information if it has proof, in

conformity with Maltese law, that the same information

has been reported by another Reporting Platform

Operator

Provided that the proof may be in such form

as the Commissioner may determine.

2. If a Reporting Platform Operator within the

meaning of paragraph (a) of part A(4) of Section I of

this Annex fulfils any of the conditions listed therein in

more than one Member State, it shall elect one (1) of

those Member States in which it shall fulfil the

reporting requirements set out in this Section. This

election shall be made in such form and manner as the

Commissioner may require by means of guidelines

published on the website of the Commissioner for

Revenue under the provisions of article 96(2) of the

Income Tax Act. The Reporting Platform Operator

shall notify all the competent authorities of those

Member States of its election. The said Reporting

Platform Operator shall report the information listed in

part B of this Section with respect to the Reportable

Period to the competent authority of the Member State

of election, as this is determined in accordance with

regulation 13(12)(e), not later than 31st January of the

year following the calendar year in which the Seller is

identified as a Reportable Seller. Where there is more

than one Reporting Platform Operator, any of those

Reporting Platform Operators shall be exempt from

reporting the information if it has proof, in conformity

with the national law of the Member State of

registration, that the same information has been

reported by another Reporting Platform Operator in

another Member State.

3. A Reporting Malta Platform Operator

within the meaning of paragraph (e) of part A(7) of

Section I shall report the information set out in part B

of this Section with respect to the Reportable Period to

the competent authority in Malta not later than 31st

January of the year following the calendar year in

which the Seller is identified as a Reportable Seller.

4. Notwithstanding the provisions of part A(3)

of this Section, a Reporting Malta Platform Operator

shall not be required to provide the information set out

in part B of this Section with respect to Qualified

Relevant Activities, covered by an Effective

Qualifying Competent Authority Agreement, which

already provides for the automatic exchange of

equivalent information with a Member State on

Reportable Sellers resident in that Member State.

5. A Reporting Malta Platform Operator

shall also provide the information set out in parts B(2)

and B(3) to the Reportable Seller to which it relates not

later than 31st January of the year following the

calendar year in which the Seller is identified as a

Reportable Seller.

6. The information with respect to the

Consideration paid or credited in a fiat currency shall be

reported in the currency in which it was paid or

credited. In case the Consideration was paid or credited

in a form other than fiat currency, it shall be reported in

the local currency, converted or valued in a manner that

is consistently determined by the Reporting Malta

Platform Operator.

7. The information about the Consideration

and other amounts shall be reported in respect of the

quarter of the Reportable Period in which the

Consideration was paid or credited.

B. Information to be Reported

Each Reporting Malta Platform Operator shall

report the following information

1. The name, the registered office address, the

TIN and, where relevant, the individual identification

number of the Reporting Malta Platform Operator

allocated pursuant to regulation 13(12)(e), as well as

the business name(s) of the Platform(s) in respect of

which the Reporting Malta Platform Operator is

reporting.

2. With respect to a Reporting Platform

Operator having registered with the competent authority

in Malta as its Member State of its single registration,

shall communicate to the competent authority in Malta

the following information

(a) Name;

(b) Postal address;

(c) Electronic

addresses,

including

websites;

(d) Any TIN issued to the Reporting

Platform Operator;

(e) A statement with the information

about identification of that Reporting Platform

Operator for VAT purposes within the Union,

pursuant to Title XII, Chapter 6, Sections 2 and

3 of Council Directive 2006/112/EC;

(f) Member States in which Reportable

Sellers are residents within the meaning of part D

of Section II of this Annex.

3. With respect to each Reportable Seller that

carried out Relevant Activity, other than immovable

property rental

(a) the information items required to be

collected pursuant to part B of Section II;

(b) the Financial Account Identifier,

insofar as it is available to the Reporting Malta

Platform Operator and the competent authority of

the Member State where the Reportable Seller is

resident in the meaning of part D of Section II has

not published that it does not intend to use the

Financial Account Identifier for this purpose;

(c) where different from the name of the

Reportable Seller, in addition to the Financial

Account Identifier, the name of the holder of the

financial account to which the Consideration is

paid or credited, to the extent available to the

Reporting Malta Platform Operator, as well as any

other

financial

identification

information

available to the Reporting Malta Platform

Operator with respect to that account holder;

(d) each Member State in which the

Reportable Seller is resident for the purposes of

regulation 13(12);

(e) the total Consideration paid or

credited during each quarter of the Reportable

Period and the number of Relevant Activities in

respect of which it was paid or credited;

(f) any fees, commissions or taxes

withheld or charged by the Reporting Malta

Platform Operator during each quarter of the

Reportable Period.

4. With respect to each Reportable Seller that

carried out Relevant Activity involving immovable

property rental

(a) the information items required to be

collected pursuant to part B of Section II;

(b) the Financial Account Identifier,

insofar as it is available to the Reporting Malta

Platform Operator and the competent authority of

the Member State where the Reportable Seller is

resident in the meaning of part D of Section II has

not published that it does not intend to use the

Financial Account Identifier for this purpose;

(c) where different from the name of the

Reportable Seller, in addition to the Financial

Account Identifier, the name of the holder of the

financial account to which the Consideration is

paid or credited, to the extent available to the

Reporting Malta Platform Operator, as well as any

other

financial

identification

information

available to the Reporting Malta Platform

Operator with respect to the account holder;

(d) each Member State in which the

Reportable Seller is resident for the purposes of

regulation 13(12) as determined pursuant to part

D of Section II of this Annex;

(e) the address of each Property Listing,

determined on the basis of the procedures set out

in part E of Section II of this Annex and the

respective land registration number or its

equivalent under the national law of the Member

State where the Property Listing is located, where

available;

(f) the total Consideration paid or credited

during each quarter of the Reportable Period and

the number of Relevant Activities provided with

respect to each Property Listing;

(g) any fees, commissions or taxes

withheld or charged by the Reporting Malta

Platform Operator during each quarter of the

Reportable Period;

(h) where available, the number of days

each Property Listing was rented during the

Reportable Period and the type of each Property

Listing.".

€3.24