Transactions) (Amendment) Regulations, 2024

L.N. 352 of 2024

VALUE ADDED TAX ACT

(CAP. 406)

Value Added Tax (Recapitulative Statement of Intra-Community

Transactions) (Amendment) Regulations, 2024

IN EXERCISE of the powers conferred by article 75 of the Value

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

following regulations:-

(1) The title of these regulations is the Value Added Tax Citation, scope

(Recapitulative Statement of Intra-Community Transactions) and

commencement.

(Amendment) Regulations, 2024 and these regulations shall be read

and construed as one with the Value Added Tax (Recapitulative S.L. 406.14.

Statement of Intra-Community Transactions) Regulations, hereinafter

referred to as the "principal regulations".

(2) The scope of these regulations is to transpose the

provisions of Council Directive (EU) 2020/285 of 18 February 2020

amending Directive 2006/112/EC on the common system of value

added tax as regards the special scheme for small enterprises and

Regulation (EU) No 904/2010 as regards the administrative

cooperation and exchange of information for the purpose of

monitoring the correct application of the special scheme for small

enterprises.

These regulations shall come into force on 1 st January

(3)

2025.

Regulations 3, 4, 5 and 6 of the principal regulations shall Substitutes

regulations 3, 4,

be substituted by the following new regulations

5 and 6 of the

principal

regulations.

(1) The recapitulative statement required to

"Recapitu-

lative

be made in accordance with article 30(2) of the Act shall

statements.

be drawn up for each calendar month and shall be

furnished to the Commissioner in the manner determined

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(2) 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

fifty thousand euro (€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 articles 30(2)(a) and 30(2)(b) of the Act, exceeds in

respect of the current quarter, the sum of fifty thousand

euro (€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 the

fifteenth day of the month following the last month in the

period for which the statement is made.

(3) Notwithstanding sub-regulation (1), taxable

persons who make supplies of services referred to in

article 30(2)(c) 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(2) of the Act, the provisions of sub-regulations

(1) and (2) shall apply.

(4) Every taxable person shall also submit

information about the VAT identification number of the

taxable persons for whom goods, dispatched or

transported under call-off stock arrangements in

accordance with the conditions determined in item 17A of

the Second Schedule to the Act are intended, and about

any change in the submitted information.

(1) The recapitulative statement shall

included in the

recapitulative contain the following information

(a) the VAT identification number of the

taxable person under which a supply of goods

referred to in articles 30(3)(a) and 30(3)(b) of the

Act or a supply of services referred to in article

30(3)(c) 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), the total value of the

supplies determined in accordance with item 6(1) of

the Seventh Schedule to the Act; and

(f) the amounts of adjustments made in

terms of the Seventh Schedule to the Act.

(2)(a) The value referred to in sub-regulation (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 sub-regulation

(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

Submission by

made in accordance with regulation 3 shall be submitted

electronically through the established web portal

designated by the Commissioner for this purpose and

shall contain the information requested therein.

(1) Any person who being required to

Administrative

furnish a recapitulative statement in accordance with

regulation 3 does not furnish such statement within the

time limit set out in the said regulation shall be liable to

an administrative penalty in accordance with article 38(2)

of the Act.

(2) Any failure to furnish a recapitulative

statement constitutes an offence in accordance with

article 76(c) of the Act.".

3. The First Schedule to the principal regulations shall be

Deletes the First

Schedule to the

deleted.

principal

regulations.

€0.36