AUDIT EXEMPTION RULES
Table of Provisions (10)
Statutory Text (10 Articles)
AUDIT EXEMPTION
SUBSIDIARY LEGISLATION 372.33
AUDIT EXEMPTION RULES
15th July, 2025 *
LEGAL NOTICE 139 of 2025.
The title of these rules is the Audit Exemption Rules.
In these rules, unless the context otherwise requires
"Act" means the Income Tax Management Act;
"Commissioner" shall have the same meaning as
assigned to it in the Income Tax Act;
"Minister" means the Minister responsible for finance;
"review report" shall have the same meaning as assigned
to it in guidelines published on the website of the
Commissioner for Tax and Customs in accordance with the
provisions of article 96(2) of the Income Tax Act.
Without prejudice to the fulfilment of any other
conditions as prescribed by these rules, the auditor’s report referred to
in article 19(4)(a) of the Act shall not be required for the first two (2)
accounting periods of a newly registered company whose sole
shareholders are individuals in possession of educational
qualifications and who have set up the new company within three (3)
years of obtaining the said qualifications
Provided that for the purposes of this rule as well as rules
4 and 5
"company" refers to a company as defined in the Income
Tax Act whose annual turnover does not exceed eighty
thousand euro (€80,000) or a pro rata amount if the relevant
accounting period is other than twelve (12) months;
"educational qualifications" refers to the successful
completion of a course of study at MQF level 3, or higher, as
recognised by the Malta Qualifications Recognition
Information Centre.
(1)
Where a company does not avail itself of the audit
report waiver in accordance with rule 3, it may claim a deduction
against its income of one hundred and twenty per cent (120%) of the
costs incurred for such auditor’s report.
*These rules shall come into force with effect from accounting periods commencing on,
or after 1 January 2024.
AUDIT EXEMPTION
(2)
The deduction under sub-rule (1) shall apply for the first
two (2) accounting periods of a newly registered company whose sole
shareholders are individuals in possession of educational
qualifications and who have set up the new company within three (3)
years of obtaining the said qualifications.
(3)
The deduction claimed under this rule may not exceed
seven hundred euro (€700) for each accounting period.
The audit report waiver in accordance with rule 3 and the
deduction in accordance with rule 4 shall cease to apply with
immediate effect if there is a change in the shareholding of the
company as a result of which the shareholders shall not all be
individuals who have attained the educational qualifications as
referred to in rule 3.
*
(1)
Without prejudice to the provisions of rules 3, 4
and 5 and save for companies registered under the Merchant Shipping
Act
(a)
where a company registered in Malta benefits
from an exemption in accordance with article 185(2) to the
Companies Act on the basis of satisfying two (2) of the three
(3) criteria establishing therein, the audit report requirements in
connection with the records that shall be kept in accordance
with article 19(4)(a) of the Act, shall also be deemed to have
been discharged when a review report has been made;
(b)
where a company registered in Malta benefits
from an exemption in accordance with article 185(2) of the
Companies Act on the basis of satisfying three (3) of the three
(3) criteria established therein, the audit report requirements in
connection with the records which shall be kept in accordance
with article 19(4)(a) of the Act, shall be deemed to have been
discharged despite the absence of a statutory audit.
(2)
When a company that is required to prepare consolidated
accounts in accordance with the Companies Act, fulfils the criteria
referred to in sub-rule (1), the treatment under paragraphs (a) or (b) of
sub-rule (1) shall apply as long as the group of which it forms part
continues to qualify as a small group in accordance with the criteria
established in article 185(5) of the said Act.
(1)
Without prejudice to the provisions of rules 3, 4
and 5 where a company registered in Malta is registered under the
Merchant Shipping Act and benefits from an exemption provided for
in regulation 64 of the Merchant Shipping (Shipping Organisations –
Private Companies) Regulations, the audit report requirements in
*Rule 6 shall come into force with effect from accounting periods commencing on, or
after 1 January 2025.
AUDIT EXEMPTION
connection with the records that shall be kept in accordance with
article 19(4)(a) to the Act shall be deemed to have been discharged
despite the absence of a statutory audit.
(2)
When a company that is required to prepare consolidated
accounts in terms of the Companies Act, fulfils the criteria referred to
in sub-rule (1), the treatment under this rule shall apply as long as the
group of which it forms part continues to qualify as a small group in
accordance with the criteria established in article 185(5) of the said
Act.
Provided that in any case such thresholds shall be those
as established in regulation 64 of the Merchant Shipping (Shipping
Organisations – Private Companies) Regulations.
The provisions of article 185(3) to the Companies Act
shall apply in determining whether, at balance sheet date, a company
registered in Malta may avail itself of the option provided for in rules 6
and 7 for that accounting period.
Where a company registered in Malta is one to which the
proviso to article 19(4)(a) to the Act applies, the determination as to
eligibility under rules 6 or 7 shall be established by reference to the
criteria as applicable to the said company’s activities in Malta.