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L.S. 123.127 Regolamenti dwar Kooperazzjoni ma’ Ġurisdizzjonijiet Oħra fuq Kwistjonijiet ta’ Taxxa

COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 1 SUBSIDIARY LEGISLATION 123.127 COOPERATION WITH OTHER JURISDICTION ON TAX MATTERS REGULATIONS 22nd July, 2011 LEGAL NOTICE 295 of 2011, as amended by Legal Notices 472 of 2012, 408, 481 of 2014, 384 of 2015, 400 of 2016, 344 of 2017, 342 of 2019 and 315 of 2020, 213 of 2021, 50 of 2022, 8 of 2023, 18 of 2025 and 162 of 2026. 1. The title of these regulations is the Cooperation with Other Jurisdictions on Tax Matters Regulations. 2. In these regulations, unless the context otherwise requires "arrangement" includes (

  1. a)any agreement, convention, protocol or EU Directive pursuant to which Malta may cooperate on tax matters with another jurisdiction through the exchange of information; and (
  2. b)any administrative agreement or memorandum of understanding reached between the competent authority of Malta and the competent authority of another jurisdiction with which an arrangement referred to in paragraph (
  3. a)of this definition is in place, provided that such administrative agreement or memorandum of understanding is not contrary to the said arrangement; "authorised representative" means any official who is authorised to directly exchange information pursuant to an arrangement; "beneficial owner" means any natural person or persons who ultimately own or control the customer and, or the natural person or p e r s o n s o n w h o s e b e h a l f a t r an s a c t i o n o r a c t i v i t y i s b e i n g conducted and, or: (
  4. a)in the case of an entity, the beneficial owner shall consist of any natural person or persons who ultimately own or control that entity through direct or indirect ownership of twenty-five per centum (25%) plus one

(1)or more of the shares or more than twentyfive per centum (25%) of the voting rights or an ownership interest of more than twenty-five per centum (25%) in that, including through bearer share holdings, or through control via other means, other than a company that is listed on a regulated market which is subject to disclosure requirements consistent with European Union law or equivalent international standards which ensure adequate transparency of ownership information: Provided that a shareholding of twenty-five per centum (25%) plus one
(1)share or more, or the holding of an ownership interest or voting rights of more than twenty-five per centum (25%) Citation. Definitions. Amended by: L.N. 472 of 2012; L.N. 384 of 2015; L.N. 400 of 2016; Amended by: L.N. 344 of 2017; L.N. 342 of 2019; L.N. 315 of 2020; L.N. 213 of 2021; L.N. 18 of 2025; L.N. 162 of 2026. 2 [ S.L.123.127 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS in the customer shall be an indication of direct ownership when held directly by a natural person, and of indirect ownership when held by one or more body corporates or body of persons or through a trust or a similar legal arrangement, or a combination thereof: Provided further that if, after having exhausted all possible m ea n s a n d p r o v i d e d t h e r e a r e n o g r o u n d s o f s u s p i ci o n , n o beneficial owner in terms of this paragraph has been identified, the beneficial owner shall be the natural person or persons who hold the position of senior managing official or officials, and record of the actions taken and any difficulties encountered to determine who the beneficial owner is in terms of this paragraph shall be kept. (
  1. b)in the case of express trusts the beneficial owner shall consist of: (
  2. i)(
  3. ii)(iii) (
  4. iv)(
  5. v)the settlor or settlors; the trustee or trustees; the protector or protectors, where applicable; the beneficiaries, or the class of beneficiaries as may be applicable; and any other natural person exercising ultimate control over the trust by means of direct or indirect ownership or by other means; (
  6. c)in the case of legal entities such as foundations, and legal arrangements similar to trusts, the beneficial owner shall consist of the natural person or persons holding equivalent or similar positions to those referred to in paragraph (b); "competent authority" means the authority which has been designated as such by a jurisdiction with regard to an arrangement; "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; "entities" includes any body of persons that (
  7. a)is resident in Malta; (
  8. b)is created under Maltese law, (
  9. c)has a permanent establishment in Malta; (
  10. d)is a property company or a property partnership; or (
  11. e)is required to be registered, to be licensed or otherwise authorised in order to conduct business in Malta; "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 as amended by Council Directive 2014/107/EU, and Council Directives (EU) 2015/2376, 2016/881, 2018/822, 2020/876, 2021/514, COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 2023/2226 and 2025/872; "express trust" means a trust created voluntarily and intentionally, either orally or in writing (
  12. a)inter-vivos by the settlor executing an act or instrument of settlement made between the settlor and the trustees under which the settlor transfers assets to the trustees to hold subject to the terms of the trusts set out therein; (
  13. b)inter-vivos by the settlor transferring assets to the trustees and the trustees executing a declaration of trust (to which the settlor is not a party) whereby the trustees acknowledge that they hold the assets subject to the terms of the trusts set out in the instrument; or (
  14. c)on death by the will of the testator taking effect, whereby the testator’s executors are directed to transfer all or part of the testator’s estate to trustees (who may be the executors) to hold subject to the trusts set out in the will; " FAT C A A g r e e m e n t " m e a n s t h e A g r e e m e n t b e t w e e n t h e Government of the Republic of Malta and the Government of the United States of America to Improve International Tax Compliance and to Implement the Foreign Account Tax Compliance Act, in accordance with the Schedule to the Exchange of Information (United States of America) (FATCA) Order; "FATCA Regulations" means regulations 23 to 34, inclusive of both regulations; "group request" means a request for information on a group of taxpayers, without naming such persons individually: provided that such request does not constitute a fishing expedition, that is to say the request is not in the form of a speculative request that has no apparent nexus to an open inquiry or investigation; "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; "partnership" means any kind of partnership that is not a company; "public collective investment scheme" means any collective investment scheme provided the units, shares or other interests in the scheme can be readily purchased, sold or redeemed by the public. Units, shares or other interests in the scheme can be readily purchased, sold or redeemed "by the public" if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; "publicly traded company" means any company whose principal class of shares is listed on a stock exchange in Malta provided its listed shares can be readily purchased or sold by the public. Shares can be purchased or sold "by the public" if the purchase or sale of S.L. 123.
  1. 3 4 [ S.L.123.127 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS shares is not implicitly or explicitly restricted to a limited group of investors. For the purpose of this definition "principal class of shares" means the class or classes of shares representing a majority of the voting power and value of the company; "requesting authority" means the competent authority of a jurisdiction with which Malta has an arrangement that is in place; Cap.
  2. "share warrants" means a warrant to bearer referred to in article 121 of the Companies Act; "tax" shall have the meaning found in the relevant arrangement that is in place with another jurisdiction. Aim of these regulations. Substituted by: L.N. 384 of
  4. These regulations shall apply in order to ensure the effective cooperation with other jurisdictions on tax matters where arrangements that enable such cooperation are in place and shall be interpreted accordingly. Such cooperation shall include the exchange of information relating to a group request. Availability of ownership information. 4.
(1)Entities shall keep updated information that identifies their owners and the level and type of their respective ownership stakes in such entities, including information on legal and beneficial owners. Such information is to be updated and documented not later than fourteen days from the date that the entity was notified or from the date the entity becomes aware of there being a new owner or of any change relating to existing owners. For the purposes of these regulations, "owners" include - Amended by: L.N. 472 of 2012; L.N. 344 of 2017; L.N. 213 of 2021. (
  1. a)in the case of a company, partnership and other any other body of persons (other than a foundation), the legal owners and the beneficial owners; and (
  2. b)in the case of a foundation, the founders, the administrators, the members of the supervisory council, and the beneficiaries (where applicable), as well as any other person with the authority to represent the foundation; (
  3. c)for the purposes of paragraph (
  4. a)and (
  5. b)above, the term ‘beneficiaries’ shall mean both beneficiaries as identified in terms of article 2
(1)of the Trusts and Trustees Act and beneficial owners as defined in regulation 2. Cap. 331.
(2)The provisions of sub-regulation
(1)do not apply to (
  1. a)a publicly-traded company: provided that in the case of a publicly-traded company that is either resident in Malta or created under Maltese law, the required ownership information in relation to such companies is to be kept either by the company itself or by a central securities depository resident in Malta. For the purposes of this paragraph, "central securities depository" has the meaning found in article 2 of the Financial Markets Act; and Cap. 345. (
  2. b)public collective investment schemes.
(3)For the purposes of these regulations (
  1. a)where in any instance within an ownership chain, the COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 legal owner acts on behalf of any other person as a trustee, fiduciary (including nominee) or under a similar arrangement, such a legal owner shall have the obligation to keep the information that identifies such other person; (
  2. b)a company that has issued share warrants in accordance with article 121 of the Companies Act shall inform the competent authority in Malta of such issue not later than one month from the date of publication of these regulations in the case of share warrants issued before the said date, or fourteen days after the date of any issue made after the said date. Such companies shall also keep a register with the information that identifies the owners of such share warrants. Notwithstanding any other provision in any Act, a person in possession of a share warrant shall not be entitled to any rights in relation to such share warrant unless the relevant company has been provided with the information that identifies such person. Furthermore, notwithstanding any other provision in any Act, a transfer of such share warrant shall not be valid at law if the relevant company has not been informed within fourteen days of the said transfer of the information that identifies the new owner: Provided that the provisions of the preceding paragraph shall have effect up to 27 December 2017.
(4)(
  1. a)Trustees that are established under the laws of Malta or that are resident in Malta shall take all reasonable measures to ensure that updated information is kept that identifies the settlor, other trustees, the protector (if any) and beneficiaries of express trusts (whether the proper law of such trusts is that of Malta or elsewhere). (
  2. b)Persons that are established under the laws of Malta or that are resident in Malta and that are entrusted with the administration of express trusts (whether the proper law of such trusts is that of Malta or elsewhere) shall have the same obligations as those found under paragraph (a).
(5)Information that identifies a person includes (
  1. a)in the case of an individual: (
  2. i)the full name and surname; (
  3. ii)the passport number, ID number or tax identification number; (iii) date and place of birth if no number referred to in sub-paragraph (
  4. ii)is available; and (
  5. iv)address of residence; (
  6. b)in the case of persons that are not individuals: (
  7. i)name; (
  8. ii)date of inception or incorporation; and Cap. 386. 5 6 [ S.L.123.127 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS (iii) registered address.
(6)Information that identifies a person is to be kept in Malta. However, such records may be kept in a jurisdiction with which Malta has an arrangement, that would permit exchange of ownership information. Availability of accounting information.
(7)Individuals (engaged in a trade, business, profession or vocation), entities and trustees are to ensure that reliable books of account are kept that (
  1. a)correctly explain all transactions of such individual, entity or trust; (
  2. b)enable the financial position of such individual, entity or trust to be determined with reasonable accuracy at any time; and (
  3. c)allow financial statements to be prepared.
(8)Apart from the books of account referred to in subregulation
(7)records to be kept shall further include underlying documentation, such as invoices, contracts, etc. and should reflect details of (
  1. a)all sums of money received and expended and the matters in respect of which the receipt and expenditure takes place; (
  2. b)all sales and purchases and other transactions; and (
  3. c)the assets and liabilities of the relevant individual, entity or trust. Cap. 386. Cap. 442.
(9)In the case of a company that is considered to be an entity for the purposes of these regulations, the financial statements are to be prepared and audited as required under the Companies Act or the Co-operatives Act, as the case may be.
(10)Accounting records are to be kept in Malta. However, such records may be kept in a jurisdiction with which Malta has an arrangement that would permit exchange of information of such records. Availability of banking information. Amended by: L.N. 213 of 2021.
(11)Banks that are considered to be entities for the purposes of these regulations are to ensure that banking information is kept on all account-holders in relation to their banking activity in Malta. For the purposes of these regulations, "banking information" includes: (
  1. a)information that identifies the legal owners of the accounts; (
  2. b)information that identifies the beneficial owners of the accounts; and (
  3. c)all records pertaining to the accounts and to related financial transactional information. COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 7
(12)The information that is required to be kept in accordance with this regulation shall be kept in such a way that it may be submitted without difficulty to the Commissioner following a request made pursuant to the provisions of article 10A of the Income Tax Management Act. Where, following representations made by the requested person, the Commissioner is satisfied that for reasons that are beyond the control of such requested person, information cannot be submitted within the time limit specified in the original request made by the Commissioner to such requested person, the Commissioner shall consider allowing such other time limit as may be reasonable for the particular case. In such cases, the provisions of regulation 6
(1)and
(2)shall apply taking into consideration such other time limit that is determined by the Commissioner. Prompt transmission of information.
(13)Subject to the provisions of article 19 of the Income Tax Management Act, entities, trustees and other persons that are required to keep information, records or documents under any of the provisions of this regulation shall keep such information, records and documents for a minimum period of five years from the end of the year in which the relevant transactions, acts or operations took place (including where the relevant entity or trust is liquidated or is no longer in existence). This requirement shall also apply to any person referred to in regulation 5
(1)acting in a professional capacity in relation to any such information or records that he holds in the carrying on of his business. 4A.
(1)The Commissioner may give notice in writing to any person to furnish him, within a reasonable time stated in such notice, not being less than twenty days, such information as may be necessary in order to verify that such person is complying with the obligations set out in these regulations. Such requests shall be sent to that person either by electronic means to a verified email address of that person or sent by post to the person’s registered address. Where any of the information requested is not submitted to the Commissioner within the time limit specified in the notice, the person shall be liable to a penalty of not less than five hundred euro (€500) and not exceeding nineteen thousand, two hundred and fifty euro (€19,250): Retention period. Cap. 372. Cap. 372. Compliance monitoring. Added by: L.N. 213 of 2021. Amended by: L.N. 50 of 2022. Provided that where the Commissioner is satisfied that the default in respect of which the penalties have been imposed were justifiable, the Commissioner may remit such penalties in whole or in part as he may think fit. In every case the Commissioner shall inform the said person in writing.
(2)The provisions of article 20 of the Income Tax Management Act shall apply mutatis mutandis to the powers of the Commissioner to verify that such person is complying with the obligations set out in these regulations. 5.
(1)The provisions of article 10A of the Income Tax Management Act shall be interpreted to give the widest possible powers in order to obtain and provide information to competent authorities of jurisdictions with which Malta has an arrangement. Thus, irrespective of any legal obligation that may be imposed on a person to maintain secrecy of information, the said provisions shall Cap. 372. Access to information. Cap. 372. Amended by: L.N. 344 of 2017; L.N. 342 of 2019; L.N. 18 of 2025; L.N. 162 of 2026. 8 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 be construed to mean, inter alia, that the Commissioner has the power to obtain and provide information referred to in regulation 4 that is held by or is in the possession or control of person in Malta, including any (
  1. a)bank and other financial institution; (
  2. b)insurance company; (
  3. c)person acting in an agency or fiduciary capacity including nominees and trustees; (
  4. d)lawyer, notary and other independent legal professional, real estate agent, accountant, auditor, tax advisor, company service provider, person licensed to carry on investment business, stockbroker; (
  5. e)company, collective investment scheme, partnership, foundation and any other body of persons; (
  6. f)stock exchange in Malta; and (
  7. g)regulatory authority or body in Malta: Provided that no person may be requested to provide information which is the subject of attorney client privilege. For the purposes of this sub-regulation, "information which is the subject of attorney client privilege" means confidential communications between a client and a lawyer or other legal representative produced for the purposes of seeking or providing legal advice or for the purposes of use in existing or contemplated legal proceedings. Cap. 372.
(2)Apart from the powers granted under article 10A of the Income Tax Management Act, the Commissioner may use any information-gathering power under the Income Tax Acts, including those under the provisions of article 20 o f the Income Tax Management Act, to obtain the information requested by the competent authority of the other jurisdiction, notwithstanding that the said information may not be required for the purposes of the Income Tax Acts.
(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.
(4)In order to obtain the requested information or to conduct the administrative enquiry requested, the competent authority in Malta shall ensure that the same procedures as those that would have been used when acting on its own initiative (or at the request of another authority in Malta - where this is applicable) are followed.
(5)For the purposes of these regulations "administrative enquiry" means those controls, checks and other actions used by the Commissioner in the performance of his duties when ensuring that the Income Tax Acts have been properly applied. COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127
(6)In order for the Commissioner to access information, notice shall be served on a person either personally or by being sent by registered post to the last known business or private address, or through electronic communication as prescribed through guidelines published on the website of the Commissioner for Revenue under the provisions of article 96
(2)of the Income Tax Act.
(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 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. 6.
(1)Where there is failure to comply with a request for information made by the Commissioner in relation to a request m a d e by a r e q u e s t in g a u t h o ri t y u n d e r t h e p r o v i s i o n s o f a n arrangement, the requested person shall be liable to a penalty of: (
  1. a)one thousand euro (€1,000) where the information has not been submitted within the time-limit specified within the Commissioner’s request; and (
  2. b)fifty euro (€50) for every day during which the default existed: Provided that the penalty under this paragraph shall not exceed in total nineteen thousand, two hundred and fifty euro (€19,250).
(2)Where the person fails to show that the information was kept or was properly updated, as required under these regulations, the person who had the duty to keep or update such information shall be liable to a penalty of nineteen thousand, two hundred and fifty euro (€19,250).
(3)Notwithstanding any action that may be taken in accordance with the provisions of sub-regulations
(1)or
(2)where (
  1. a)failure to comply with a request made by the Commissioner persists for more than six months from the date of the original request; or (
  2. b)the requested party refuses to be served with the notice either personally or through registered mail as contemplated in regulation 5
(6)and the requested party is the proper addressee of the request; or (c) the information submitted by the requested party is found to be incorrect in such a way that it is misleading, deceitful or false, the requested party shall be guilty of an offence and shall on conviction be liable to a fine (multa) of not less than five thousand 9 Cap.
  1. S.L. 373.01 S.L. 373.
  2. S.L. 386.19 S.L. 331.10 Penalties. Substituted by: L.N. 342 of
  3. Amended by: L.N. 213 of 2021; L.N. 50 of 2022; L.N. 162 of
  4. 10 [ S.L.123.127 Cap.
  5. Rights and safeguards. COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS euro (€5,000) and not more than thirty thousand euro (€30,000), or to imprisonment for a period of not exceeding two years, or to both such fine (multa) and imprisonment.
(4)Where any person from whom the Commissioner has requested information in accordance with these regulations or article 10A of the Income Tax Management Act, discloses to the person concerned or to a third party the fact that information has been requested by the Commissioner or that information has been or may be transmitted to the Commissioner, such person shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding one hundred and fifteen thousand euro (€115,000) or to imprisonment for a term not exceeding two
(2)years or to both such fine and imprisonment. 7.
(1)On receipt of a valid request from a requesting authority, the competent authority in Malta shall notify the person (or his authorised representative) concerning whom the request is made, that a request for information concerning him has been received. The competent authority in Malta shall not effect such notification where (
  1. a)the requesting authority specifically requests that no such notification is made; (
  2. b)the competent authority in Malta determines that the request is of a highly urgent nature and that notification could delay the forwarding of information requested; or (
  3. c)the competent authority in Malta determines that such notification is reasonably expected to jeopardise the relevant investigation or audit being carried out in the relevant jurisdiction. Any determination made by the competent authority in Malta under this sub-regulation shall not be questioned in any appeal.
(2)Notwithstanding any other provision in any law to the contrary, any person that complies with a request under these regulations shall not be treated as being in breach of any restriction upon the disclosure of information imposed by any law, contract or rules of professional conduct. Except as provided in regulation 6, no civil or criminal action shall be taken against any person that provides information in accordance with the provision of these regulations. Competent authority in Malta.
  1. The competent authority in Malta shall be the Minister responsible for finance or his authorised representative. An authorised representative shall be the competent official that is identified as such and whose name and designation are published on the website of the Commissioner for Revenue. Time limits. Amended by: L.N. 18 of
  2. 9.
(1)The competent authority in Malta shall confirm receipt of a request for information not later than seven working days from the receipt of such a request.
(2)The competent authority in Malta shall, within one week of receipt of a request for information, notify the requesting authority of any deficiencies in the request and of the need for any additional COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 11 background information. In such a case, the time limits provided for in sub-regulation
(3)shall start from the day after the competent authority in Malta receives such additional information.
(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 not 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 may 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.
(4)Deleted by Legal Notice 18 of 2025.
(5)Where the competent authority in Malta is not in possession of the requested information and cannot respond to the request, it shall inform the requesting authority of the reasons thereof immediately and in any event within one month of receipt of the request. 10.
(1)The competent authority in Malta shall provide the requesting authority with the requested information provided that the requesting authority has exhausted the usual sources of information (including all the legally available avenues available to it) which it could have used in the circumstances for obtaining the information requested without running the risk of jeopardising the achievement of its objectives.
(2)The competent authority in Malta may decline to provide information where: (
  1. a)the requesting authority is unable, for legal reasons, to provide similar information; (
  2. b)it is not satisfied that the jurisdiction of the requesting authority has sufficiently adequate safeguards in place to ensure that the information obtained is treated as confidential and that such information may only be disclosed to persons or authorities as provided for in the relevant arrangement; (
  3. c)the provision of information would likely lead to the disclosure of a commercial, industrial or professional Certain limitations. Amended by: L.N. 162 of 2026. 12 [ S.L.123.127 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS secret or of a commercial process, or of information whose disclosure would be contrary to public policy. Implementation of Council Directive 2011/16/EU. Added by: L.N. 472 of 2012. Amended by: L.N. 408 of 2014; L.N. 384 of 2015. 11.
(1)(
  1. a)By means of regulations 11 to 22, the provisions of the EU Administrative Cooperation Directive shall have effect in relation to the Income Tax Acts. (
  2. b)For the purposes of the EU Administrative Cooperation Directive, the competent authority in Malta shall waive all claims for the reimbursement of expenses incurred in applying EU Council Directive 2014/107/EU except, where appropriate, in respect of fees paid to experts.
(2)For the purposes of the EU Administrative Cooperation Directive "person" shall mean (
  1. a)a natural person; (
  2. b)a legal person; (
  3. c)where Maltese legislation in force so provides, an association of persons recognised as having the capacity to perform legal acts but lacking the status of a legal person; or (
  4. d)any other legal arrangement of whatever nature and form, regardless of whether it has legal personality, owning or managing assets, which, including income derived therefrom, are subject to any of the taxes covered by the EU Administrative Cooperation Directive; "tax" shall mean all taxes of any kind levied in Malta except for: (
  5. a)value added tax, customs duties and excise duties covered by other Union legislation on administrative cooperation between Member States; (
  6. b)compulsory social security contributions payable in Malta; (
  7. c)fees, such as for certificates and other documents issued by public authorities; and (
  8. d)dues of a contractual nature, such as consideration for public utilities.
(3)For the purposes of the EU Administrative Cooperation Directive, information shall, as far as possible, be provided by electronic means using the CCN network. The Commissioner is responsible for the development of systems that are necessary to enable such information to be exchanged using the CCN network and for ensuring the security of such systems. In this context (
  1. a)"electronic means" means using electronic equipment for the processing, including digital compression, and storage of data, and employing wires, radio transmission, optical technologies or other electromagnetic means; and COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 13 (
  2. b)"CCN network" means the common platform based on the common communication network developed by the European Union for all transmissions by electronic means between competent authorities in the area of customs and taxation.
(4)When the competent authority in an EU Member State forwards information to the competent authority in Malta and also requests feedback on such information, the competent authority in Malta shall, without prejudice to the rules on tax secrecy and data protection applicable in Malta, send feedback to the competent authority which provided the information as soon as possible and no later than three months after the outcome of the use of the requested information is known. Such feedback shall be given in line with the practical arrangements made by the EU Commission in accordance with the procedure referred to in Article 26
(2)of the EU Administrative Cooperation Directive.
(5)The competent authority in Malta shall send feedback on the automatic exchange of information made pursuant to regulation 13 to the other EU Member States concerned once a year in accordance with practical arrangements agreed upon bilaterally with such EU Member States. Such practical arrangements may take any form that is provided for in the definition of the term "arrangement" in regulation 2. 12.
(1)At the request of the competent authority of an EU Member State, the competent authority in Malta shall communicate to the requesting authority any information that is foreseeably relevant to the administration and enforcement of the domestic laws of that Member State concerning the taxes referred to in regulation 11
(2)that the competent authority in Malta has in its possession or that it obtains as a result of administrative enquiries. Exchange of information on request. Added by: L.N. 472 of 2012. Amended by: L.N. 408 of 2014; L.N. 18 of 2025.
(2)The provisions of regulations 1 to 10 shall apply for the purposes of exchanging information referred to in sub-regulation
(1).
(3)When specifically requested by a requesting authority of an E U M e m b e r St a t e , t h e c o m p e t e n t a u t h o r i t y i n M a l t a s h a l l communicate original documents provided that this is not contrary to the provisions in force in Malta.
(4)(a) For the purposes of a request referred to in sub-regulation
(1), the requested information is foreseeably relevant where, at the time that the request is made, the requesting authority considers that, in accordance with its national law, there is a reasonable possibility that the requested information shall 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. (
  1. 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: Foreseeable relevance. 14 [ S.L.123.127 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS (
  2. i)the tax purpose for which the information is sought; and (
  3. ii)a specification of the information required for the administration or enforcement of its national law. (
  4. 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: (
  1. i)a detailed description of the group; (
  2. 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 (
  3. iv)where relevant, the 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. Automatic exchange of information. Added by: L.N. 472 of 2012. Amended by: L.N. 384 of 2015. Substituted by: L.N. 400 of 2016. Amended by: L.N. 344 of 2017; L.N. 342 of 2019; L.N. 315 of 2020; L.N. 18 of 2025; L.N. 162 of 2026. 13.
(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 such other EU Member State, on the following specific categories of income and capital: (
  1. a)income from employment; (
  2. b)director’s fees; (
  3. c)life insurance products not covered by other Union legal instruments on exchange of information and other similar measures; (
  4. d)pensions; (
  5. e)ownership of and income from immovable property; S.L. 123.74. (
  6. f)royalties; (
  7. g)non-custodial dividend income other than income from dividends exempt from corporate income tax in accordance with Articles 4, 5 or 6 of Council Directive 2011/96/EU of 30 November 2011 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States, as transposed through the European Union Directives Regulations. COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127
(2)Reporting Malta Financial Institutions shall perform the reporting and due diligence rules included in Annexes I and II. In accordance with such applicable reporting and due diligence rules, the competent authority in Malta shall, by automatic exchange, communicate to the competent authority of any other Member State, the following information regarding taxable periods as from 1 January 2016 concerning a Reportable Account of residents in such other Member State: (a) the name, address, TINs and date and place of birth, in the case of an individual, of each Reportable Person that is an Account Holder of the account and, in the case of any Entity that is an Account Holder and that, after application of due diligence rules consistent with the Annexes I and II, is identified as having one
(1)or more Controlling Persons that are Reportable Persons, the name, address, and TINs of the Entity and the name, address, TINs and date and place of birth of each Reportable Person; (
  1. b)the account number, or functional equivalent in the absence of an account number; (
  2. c)the name and identifying number, if any, of the Reporting Financial Institution; (
  3. d)the account balance or value including, in the case of a Cash Value Insurance Contract or Annuity Contract, the Cash Value or surrender value, as of the end of the relevant calendar year or other appropriate reporting period or, if the account was closed during such year or period, the closure of the account; (
  4. e)in the case of any Custodial Account: (
  5. i)the total gross amount of interest, the total gross amount of dividends, and the total gross amount of other income generated with respect to the assets held in the account, in each case paid or credited to the account, or with respect to the account, during the calendar year or other appropriate reporting period; and (
  6. ii)the total gross proceeds from the sale or redemption of Financial Assets paid or credited to the account during the calendar year or other appropriate reporting period with respect to which the Reporting Financial Institution acted as a custodian, broker, nominee, or otherwise as an agent for the Account Holder; (
  7. f)in the case of any Depository Account, the total gross amount of interest paid or credited to the account during the calendar year or other appropriate reporting period; (
  8. g)in the case of any account not described in paragraphs (
  9. e)or (f), the total gross amount paid or credited to the Account Holder with respect to the account during the calendar year or other appropriate reporting period 15 Automatic exchange of financial account information. 16 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 with respect to which the Reporting Financial Institution is the obligor or debtor, including the aggregate amount of any redemption payments made to the Account Holder during the calendar year or other appropriate reporting period; (
  10. h)whether a valid self-certification has been provided for each Account Holder; (
  11. i)the roles by virtue of which each Reportable Person that is a Controlling Person of an Entity Account Holder is a Controlling Person of the Entity and whether a valid self-certification has been provided for each such Reportable Person; (
  12. j)the type of account, whether the account is a Preexisting Account or a New Account and whether the account is a joint account, including the number of joint Account Holders; and (
  13. k)in the case of any Equity Interest held in an Investment Entity that is a legal arrangement, the roles by virtue of which the Reportable Person is an Equity Interest holder: Provided that for the purposes of exchange of information under this sub-regulation, unless otherwise foreseen in this sub-regulation or in the Annexes, the amount and characterisation of payments made with respect to Reportable Accounts shall be determined in accordance with Maltese legislation: Automatic exchange of information relating to advance cross-border rulings or advance pricing arrangements.
(3)Provided further, the first paragraph of this subregulation shall prevail over paragraph (c) of subregulation
(1)or any other Union legal instrument, to the extent that the exchange of information at issue would fall within the scope of paragraph (c) of sub-regulation
(1)above or of any other Union legal instrument. (
  1. a)The competent authority in Malta, where an advance cross-border ruling or an advance pricing arrangement was issued, amended or renewed after 31 December 2016 shall, by automatic exchange, communicate information thereon to the competent authorities of all other EU Member States as well as to the European Commission, with the limitation of cases set out in the proviso to paragraph (e). (
  2. b)The competent authority in Malta shall also communicate information to the competent authorities of all other EU Member States as well as to the European Commission, with the limitation of cases set out in the proviso to paragraph (e), on advance crossborder rulings and advance pricing arrangements issued, amended or renewed within a period beginning five years before 1 January 2017: Provided that if advance cross-border rulings and advance pricing arrangements are issued, amended or COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 renewed between 1 January 2012 and 31 December 2013, such communication shall take place under the condition that they were still valid on 1 January 2014: Provided further that if advance cross-border rulings and advance pricing arrangements are issued, amended or renewed between 1 January 2014 and 31 December 2016, such communication shall take place irrespective of whether they are still valid: Provided also that information on advance crossborder rulings and advance pricing arrangements issued, amended or renewed before 1 April 2016 to a particular person or a group of persons, excluding those conducting mainly financial or investment activities, with a group-wide annual net turnover, as defined in point
(5)of Article 2 of Directive 2013/34/ EU of the European Parliament and of the Council of less than forty million euro (€40,000,000), or the equivalent amount in any other currency, in the fiscal year preceding the date of issuance, amendment or renewal of those cross-border rulings and advance pricing arrangements shall be excluded from the communication referred to in this sub-regulation. (
  1. c)Bilateral or multilateral advance pricing arrangements with third countries shall be excluded from the scope of automatic exchange of information under this subregulation where the arrangements under which the advance pricing arrangement was negotiated does not permit its disclosure to third parties. Such bilateral or multilateral advance pricing arrangements will be exchanged under regulation 14, where the arrangements under which the advance pricing arrangement was negotiated permits its disclosure, and the competent authority of the third country gives permission for the information to be disclosed: Provided that where the bilateral or multilateral advance pricing arrangements would be excluded from the automatic exchange of information under the first sentence of this paragraph, the information identified in paragraph (
  2. e)referred to in the request that lead to issuance of such a bilateral or multilateral advance pricing arrangement shall instead be exchanged under paragraphs (
  3. a)and (b). (
  4. d)(
  5. i)paragraphs (
  6. a)and (
  7. b)shall not apply in the case where an advance cross-border ruling exclusively concerns and involves the tax matters of one
(1)or more natural persons: Provided that where such an advance cross-border ruling was issued, amended or renewed after 1 January 2026 and where: (A) the amount of the transaction or series of transactions of the advance cross-border ruling exceeds one million and five hundred thousand 17 18 [ S.L.123.127 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS (B) (
  1. ii)(iii) euro (€1,500,000) or the equivalent amount in any other currency if such amount is referred to in the advance cross-border ruling; or the advance cross-border ruling determines whether a person is resident for tax purposes in Malta or otherwise; for the purposes of paragraph (A) of the proviso to sub-paragraph (
  2. i)and without prejudice to the amount referred to in the advance cross-border ruling, in a series of transactions regarding different goods, services or assets the amount of the advance cross-border ruling shall comprise the total underlying value. The amounts shall not be aggregated if the same goods, services or assets are transacted several times; notwithstanding the provisions of paragraph (B) of the proviso to sub-paragraph (i), the exchange of information on advance cross-border rulings concerning natural persons shall not include such rulings on taxation at source with regard to nonresidents’ income from employment, director’s fees or pensions. (
  3. e)The information to be communicated by the competent authority in Malta pursuant to paragraphs (
  4. a)and (
  5. b)shall include the following: (
  6. i)the identification of the person, other than a natural person, except where the advance-cross border ruling concerns a natural person and shall be communicated pursuant to paragraphs (
  7. a)and (d), and where appropriate the group of persons to which it belongs; (
  8. 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; (iii) the dates of issuance, amendment or renewal of the advance cross-border ruling or advance pricing arrangement; (
  9. iv)the start date of the period of validity of the advance cross-border ruling or advance pricing arrangement, if specified; (
  10. v)the end date of the period of validity of the advance cross-border ruling or advance pricing arrangement, if specified; (
  11. vi)the type of the advance cross-border ruling or COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 19 advance pricing arrangement; (vii) the amount of the transaction or series of transactions of the advance cross-border ruling or advance pricing arrangement if such amount is referred to in the advance cross-border ruling or advance pricing arrangement; (viii) the description of the set of criteria used for the determination of the transfer pricing or the transfer price itself in the case of an advance pricing arrangement; (
  12. ix)the identification of the method used for determination of the transfer pricing or the transfer price itself in the case of an advance pricing arrangement; (
  13. x)the identification of the other EU Member States, if any, likely to be concerned by the advance cross-border ruling or advance pricing arrangement; (
  14. xi)the identification of any person, other than a natural person, except where the advance-cross border ruling concerns a natural person and shall be communicated in accordance with paragraphs (
  15. a)and (d), in the other EU Member States, if any, likely to be affected by the advance cross-border ruling or advance pricing arrangement; (xii) the indication whether the information communicated is based upon the advance crossborder ruling or advance pricing arrangement itself or upon the request referred to in paragraph (c): Provided that information as defined under subparagraphs (i), (ii), (viii) and (
  16. xi)shall not be communicated to the European Commission. (f)
(4)The competent authority in Malta shall confirm immediately, if possible by electronic means, receipt of the information to the competent authority of the other EU Member State which provided the information without delay and in any event no later than seven working days. (
  1. g)The competent authority in Malta shall in accordance with regulation 12, provide additional information, including the full text of an advance cross-border ruling or an advance pricing arrangement. (
  2. a)The Ultimate Parent Entity of an MNE Group that is re s id e n t fo r t a x p ur p os e s i n Ma lt a , o r a ny o th e r Reporting Entity in accordance with Section II of A n n e x I I I , sh a l l f i l e w it h t h e C o m m i s s i o n e r fo r Revenue a country-by-country report with respect to its Reporting Fiscal Year in accordance with Section II of Annex III. (
  3. b)The competent authority in Malta shall, by means of Country-bycountry reporting. 20 [ S.L.123.127 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS automatic exchange, communicate the report received pursuant to paragraph (
  4. a)to any other EU Member State in which, on the basis of the information in the country-by-country report, one or more Constituent Entities of the MNE Group of the Reporting Entity are either resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment within the time limit laid down in sub-regulation
(8)(d). Such information shall be exchanged by electronic means using the CCN network. (
  1. c)The country-by-country report shall contain the following information with respect to the MNE Group: (
  2. i)aggregate information relating to the amount of revenue, profit (loss) before income tax, income tax paid, income tax accrued, stated capital, accumulated earnings, number of employees, and tangible assets other than cash or cash equivalents with regard to each jurisdiction in which the MNE Group operates; (
  3. ii)an identification of each Constituent Entity of the MNE Group setting out the jurisdiction of tax residence of such Constituent Entity, and where different from such jurisdiction of tax residence, the jurisdiction under the laws of which such Constituent Entity is organised, and the nature of the main business activity or activities of such Constituent Entity. Reporting obligations. Substituted by: L.N.344 of 2017. Automatic exchange of information on reportable crossborder arrangements. Substituted by: L.N. 342 of 2019. Amended by: L.N. 315 of 2020.
(5)For the purposes of this regulation, any capitalised term shall have the same meaning as assigned to it in the Annexes.
(6)For the purposes of regulation 13
(4), a Maltese Constituent Entity shall annually report the country-by-country report as specified in Tables 1, 2 and 3 of Section III of Annex III in such manner as set out in Annex III and within twelve months of the last day of the fiscal year of the MNE group.
(7)(a) Intermediaries shall file information that is within their knowledge, possession or control on reportable cross-border arrangements with the Commissioner within thirty
(30)days beginning: (
  1. i)on the day after the reportable cross-border arrangement is made available for implementation; or (
  2. ii)on the day after the reportable cross-border arrangement is ready for implementation; or (iii) when the first step in the implementation of the reportable cross-border arrangement has been made, whichever occurs first: COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 Provided that intermediaries referred to in paragraph (
  3. b)of the definition "intermediary" shall also be required to file information within thirty
(30)days beginning on the day after they provided, directly or by means of other persons, aid, assistance or advice. (b) In the case of marketable arrangements, a periodic report shall be made by the intermediary every three
(3)months, providing an update which contains new reportable information as referred to in sub-paragraphs (i), (iv), (vii) and (viii) of paragraph (
  1. o)that has become available since the last report was filed. (
  2. c)An intermediary is liable to file information on reportable cross-border arrangements with the Commissioner for Revenue in the following instances, taken in the following order: (
  3. i)the intermediary is resident in Malta for tax purposes; (
  4. ii)the intermediary is not resident for tax purposes in any EU Member State (including Malta) but has a permanent establishment in Malta through which the services with respect to the arrangement are provided; (iii) the intermediary is incorporated in Malta or is governed by the laws of Malta and the provisions of sub-paragraphs (
  5. i)and (
  6. ii)do not apply; (
  7. iv)the intermediary is registered with a professional association related to legal, taxation or consultancy services that is established in Malta and sub-paragraphs (i), (
  8. ii)and (iii) do not apply. (
  9. d)Where information is to be filed with the Commissioner and the same information is to be filed with any other competent authority of an EU Member State, the intermediary shall be exempt from filing the information in Malta if it has proof that the same information has been filed in another EU Member State: Provided that the proof may be in such form as the Commissioner may determine. (
  10. e)An intermediary whose profession is referred to in article 3 of the Professional Secrecy Act has the right to a waiver from filing information on a reportable cross-border arrangement where the reporting of such information would constitute an offence under article 257 of the Criminal Code. In such circumstances, the intermediary must notify, without delay and in any event no later than seven working days from the relevant date established by paragraph (a), any other intermediary or, if there is no such intermediary, the Cap. 377. Cap. 9 21 22 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 relevant taxpayer of their reporting obligations under sub-regulation
(6): Provided that intermediaries may only be entitled to a waiver under this paragraph to the extent that they operate within the limits of the relevant national laws that define their professions: Provided further that where an intermediary has waived such reporting obligation, the intermediary shall provide an annual update to the Commissioner, consisting of a list of the reportable cross-border arrangements where the reporting obligation has been waived on to another intermediary or the relevant taxpayer. Such information shall be in such form as the Commissioner may determine: Provided further that an intermediary whose profession in accordance with the Professional Secrecy Act is that of an advocate, notary and legal procurator and such intermediary has waived such reporting obligation, the intermediary shall notify, without delay and in any event not later than seven
(7)working days from the relevant date established by paragraph (a), his client, if such client is an intermediary or, where there is no such intermediary, such client is the relevant taxpayer, of that client’s reporting obligations under sub-regulation
(6). For the purposes of this paragraph, the term "client" means any intermediary or relevant taxpayer, who receives services, including assistance, advice, counsel or guidance, from a legal professional as defined in accordance with Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained, in relation to a reportable cross-border arrangement: Cap. 377. Provided further that with effect from 1st January 2027, an intermediary shall only have the right to a waiver from filing information on a reportable crossborder arrangement in terms of this sub-regulation if such intermediary is a legal professional as defined in terms of Directive 98/5/EC of the European Parliament and of the Council. (f) Where there is no intermediary or the intermediary notifies the relevant taxpayer or another intermediary of the application of a waiver under paragraph (e), the obligation to file information on a reportable crossborder arrangement shall lie with the other notified intermediary, or, if there is no such intermediary, with the relevant taxpayer. (g) The relevant taxpayer with whom the reporting obligation lies shall file the information with the Commissioner within thirty
(30)days, beginning on: COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 (
  1. i)the day after the reportable cross-border arrangement is made available for implementation to that relevant taxpayer, or (
  2. ii)when it is ready for implementation by the relevant taxpayer, or (iii) when the first step in its implementation has been made in relation to the relevant taxpayer, whichever occurs first: (
  3. h)A relevant taxpayer has an obligation to file information on the reportable cross-border arrangement with the Commissioner for Revenue, in the following instances, taken in the following order: (
  4. i)the relevant taxpayer is resident in Malta for tax purposes; (
  5. ii)the relevant taxpayer is not resident for tax purposes in any EU Member State (including Malta) but has a permanent establishment in Malta benefiting from the arrangement; (iii) the relevant taxpayer receives income or generates profits in Malta, although the relevant taxpayer is not resident for tax purposes and has no permanent establishment in any EU Member State and the provisions of sub-paragraphs (
  6. i)and (
  7. ii)do not apply; (
  8. iv)the relevant taxpayer carries on an activity in Malta, although the relevant taxpayer is not resident for tax purposes and has no permanent establishment in any other EU Member State and sub-paragraphs (i), (
  9. ii)and (iii) do not apply. (
  10. i)Where, pursuant to paragraph (g), there is a multiple reporting obligation, the relevant taxpayer shall be exempt from filing the information if it has proof that the same information has been filed in another EU Member State: Provided that the proof may be in such form as the Commissioner may determine. (
  11. j)Where there is more than one intermediary, the obligation to file information on the reportable crossborder arrangement shall lie with all intermediaries involved in the same reportable cross-border arrangement. An intermediary shall be exempt from filing the information only to the extent that it has proof that the same information referred to in paragraph (
  12. o)has already been filed by another intermediary: Provided that the proof may be in such form as the Commissioner may determine. (
  13. k)(i)Where the reporting obligation lies with the relevant taxpayer and where there is more than one relevant 23 24 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 taxpayer, the relevant taxpayer that is to file information in accordance with paragraph (
  14. f)shall be the one that features first in the list below: (A) the relevant taxpayer that agreed the reportable cross-border arrangement with the intermediary; (B) the relevant taxpayer that manages the implementation of the arrangement. (
  15. ii)(
  16. l)Any relevant taxpayer shall only be exempt from filing the information to the extent that it has proof that the same information referred to in paragraph (
  17. o)has already been filed by another relevant taxpayer: Provided that the proof may be in such form as the Commissioner may determine. A relevant taxpayer shall file information as the Commissioner may determine, about the use of the arrangement to the tax administration in each of the years for which they use it. (
  18. m)Intermediaries and relevant taxpayers shall file information on reportable cross-border arrangements the first step of which was implemented between 25th June 2018 and 30th June 2020. Intermediaries and relevant taxpayers, as appropriate, shall file information on those reportable cross-border arrangements by 28th February 2021. (
  19. n)The competent authority in Malta shall, by means of an automatic exchange, communicate the information specified in paragraph (
  20. o)to the competent authorities of all other EU Member States. (
  21. o)The information to be communicated by the competent authority in Malta pursuant to paragraph (
  22. n)shall contain the following, as applicable: (
  23. i)the identification of intermediaries, other than intermediaries exempt from the reporting obligation in accordance with paragraph (e), and relevant taxpayers, including their name, date and place of birth, in the case of an individual, residence for tax purposes, TIN and, where appropriate, the persons that are associated enterprises to the relevant taxpayer; (
  24. ii)details of the hallmarks set out in Annex IV that make the cross-border arrangement reportable; (iii) a summary of the content of the reportable crossborder arrangement, including a reference to the name by which it is commonly known, if any, and a description of the relevant arrangements and any COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 other information which may assist the receiving 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 the disclosure of which would be contrary to public policy; (
  25. iv)the date on which the first step in implementing the reportable cross-border arrangement has been made or will be made; (
  26. v)details of the national provisions that form the basis of the reportable cross-border arrangement; (
  27. vi)the value of the reportable cross-border arrangement; (vii) the identification of the EU Member State of the relevant taxpayer(
  28. s)and any other EU Member States which are likely to be concerned by the reportable cross-border arrangement; (viii) the identification of any other person in an EU Member State likely to be affected by the reportable cross-border arrangement, indicating to which EU Member States such person is linked: Provided that information as defined under subparagraphs (i), (iii) and (viii) shall not be communicated to the European Commission. (
  29. p)The fact that the Commissioner does not trigger an enquiry in relation to a reportable cross-border arrangement shall not in any way affect any of the powers of the Commissioner under the provisions of the Income Tax Management Act
(8)The communication of information shall take place as follows: (a) for the categories laid down in sub-regulation
(1), at least once a year, within six months following the end of the year immediately preceding the year of assessment during which the information became available; (b) for the information stipulated in sub-regulation
(2), annually, within nine
(9)months following the end of the year of assessment during which the information became available: Provided that the competent authority in Malta shall communicate the information referred to in paragraphs (h) to (k) regarding taxable periods as from 1st January 2026; (c) for the information laid down in sub-regulation
(3): (i) within three months following the end of the half of the calendar year during which the advance cross-border rulings or advance pricing Cap. 372. 25 26 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 arrangements have been issued, amended or renewed, in respect of the information exchanged pursuant to sub-regulation
(3)(a): 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 crossborder rulings or advance pricing arrangements were issued, amended or renewed; (ii) before 1 January 2018 in respect of the information exchanged pursuant to subregulation
(3)(b). (d) for the information laid down in sub-regulation
(4), annually, within fifteen months of the last day of the fiscal year of the MNE Group to which the country-bycountry report relates. The first country-by-country report shall be communicated for the fiscal year of the MNE Group commencing on or after 1 January 2016, which shall take place within eighteen months after the last day of that fiscal year. (e) for the information laid down in sub-regulation
(7), within one
(1)month of the end of the quarter in which the information was filed. The first information shall be communicated by 30th April 2021; (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; (g) for the information stipulated in sub-regulation
(13), within nine
(9)months following the end of the calendar year to which the reporting requirements applicable to Reporting Malta Crypto-Asset Service Providers relate. The first information shall be communicated for the relevant calendar year or other appropriate reporting period as from 1 January 2026.
(9)For the purposes of this regulation: "automatic exchange of information" means: (a) for the purposes of sub-regulations
(1),
(3),
(4),
(7),
(12)and
(13), the systematic communication of pre-defined information to another Member State, without a 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 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 Malta; (b) for the purposes of sub-regulation
(2), the systematic communication of pre-defined information on residents in other EU Member States to the relevant EU Member State of residence, without prior request, at pre-established regular intervals; (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),
(12)and
(13), the systematic communication of pre-defined information provided in paragraphs (
  1. a)and (b); "advance cross-border ruling" means any agreement, communication, or any other instrument or action with similar effects, including one issued, amended or renewed in the context of an enquiry in terms of article 13 of the Income Tax Management A c t , i n c l u d i n g a t a x a u d i t , a n d w h i c h m ee t s t h e f o l l o w i n g conditions: (
  2. a)is issued, amended or renewed by the Commissioner, or on behalf of, the Government of Malta, irrespective of whether it is effectively used; (
  3. b)is issued, amended or renewed, to a particular person or a group of persons, and upon which that person or a group of persons is entitled to rely; (
  4. c)concerns the interpretation or application of a legal or administrative provision concerning the administration or enforcement of Maltese law relating to taxes; (
  5. d)relates to a cross-border transaction or to the question of whether or not activities carried on by a person in another jurisdiction create a permanent establishment or to the question of whether or not a natural person is resident for tax purposes in the Member State issuing the ruling; and (
  6. e)is made in advance of the transactions or of the activities in another jurisdiction potentially creating a permanent establishment or in advance of the filing of a tax return covering the period in which the transaction or series of transactions or activities took place. For the purpose of this definition: (
  7. i)a cross-border transaction may involve, but is not restricted to, the making of investments, the provision of goods, services, finance or the use of tangible or intangible assets and does not have to directly involve the person receiving the advance cross-border ruling; (
  8. ii)"cross-border transaction" means a transaction or series of transactions where: (A) not all of the parties to the transaction or series of transactions are resident for tax purposes in Malta; Cap. 372. 27 28 [ S.L.123.127 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS (B) (C) (D) Cap. 372. any of the parties to the transaction or series of transactions is simultaneously resident for tax purposes in more than one jurisdiction; one of the parties to the transaction or series of transactions carries on business in another jurisdiction through a permanent establishment and the transaction or series of transactions forms part or the whole of the business of the permanent establishment. A cross-border transaction or series of cross-border transactions shall also include arrangements made by a person in respect of business activities in another jurisdiction which that person carries on through a permanent establishment; or such transactions or series of transactions have a cross border impact. "advance pricing arrangement" means any agreement, communication or any other instrument or action with similar effects, including one issued, amended or renewed in the context of an enquiry in terms of article 13 of the Income Tax Management A c t , i n cl u d i n g a t a x a u d i t , an d w h i ch m e e t s t h e f o l l o w i n g conditions: (
  9. a)is issued, amended or renewed by the Commissioner, or on behalf of, the Government of Malta or more EU Member States irrespective of whether it is effectively used; (
  10. b)is issued, amended or renewed, to a particular person or a group of persons and upon which that person or a group of persons is entitled to rely; and (
  11. c)determines in advance of cross-border transactions between associated enterprises, an appropriate set of criteria for the determination of the transfer pricing for those transactions or determines the attribution of profits to a permanent establishment. For the purpose of this definition: (
  12. i)enterprises are associated enterprises where one enterprise participates directly or indirectly in the management, control or capital of another enterprise or the same persons participate directly or indirectly in the management, control or capital of the enterprises; (
  13. ii)transfer prices are the prices at which an enterprise transfers physical goods and intangible property or provides services to associated enterprises, and "transfer pricing" is to be construed accordingly; (iii) "cross-border transaction" means a transaction COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 or series of transactions involving associated enterprises which are not all resident for tax purposes in the territory of a single jurisdiction or a transaction or series of transactions which have a cross border impact, and "enterprise" means any form of conducting business. "arrangement" shall also include a series of arrangements. An arrangement may comprise more than one step or part; "cross-border arrangement" means an arrangement concerning either more than one EU Member State or an EU Member State and a third country where at least one of the following conditions is met: (
  14. a)not all of the participants in the arrangement are resident for tax purposes in the same jurisdiction; (
  15. b)one or more of the participants in the arrangement is simultaneously resident for tax purposes in more than one jurisdiction; (
  16. c)one or more of the participants in the arrangement carries on a business in another jurisdiction through a permanent establishment situated in that jurisdiction and the arrangement forms part or the whole of the business of that permanent establishment; (
  17. d)one or more of the participants in the arrangement carries on an activity in another jurisdiction without being resident for tax purposes or creating a permanent establishment situated in that jurisdiction; (
  18. e)such arrangement has a possible impact on the automatic exchange of information or the identification of beneficial ownership; "reportable cross-border arrangement" means any cross-border arrangement that contains at least one of the hallmarks set out in Annex IV; "hallmark" means a characteristic or feature of a cross-border arrangement that presents an indication of a potential risk of tax avoidance, as listed in Annex IV; "intermediary" means any person: (
  19. a)that designs, markets, organises or makes available for implementation or manages the implementation of a reportable cross-border arrangement; (
  20. b)that, having regard to the relevant facts and circumstances and based on available information and the relevant expertise and understanding required to provide such services, knows or could be reasonably expected to know that they have undertaken to provide, directly or by means of other persons, aid, assistance or advice with respect to designing, marketing, organising, making available for implementation or managing the implementation of a reportable cross-border arrangement: 29 30 [ S.L.123.127 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS Provided that any person shall have the right to provide evidence that such person did not know and could not reasonably be expected to know that that person was involved in a reportable cross-border arrangement. For this purpose, that person may refer to all relevant facts and circumstances as well as available information and their relevant expertise and understanding. In addition to the above, in order to be an intermediary, a person shall meet at least one of the following additional conditions: (
  21. a)be resident for tax purposes in an EU Member State; (
  22. b)have a permanent establishment in an EU Member State through which the services with respect to the arrangement are provided; (
  23. c)be incorporated in, or governed by the laws of an EU Member State; (
  24. d)be registered with a professional association related to legal, taxation or consultancy services in an EU Member State. "relevant taxpayer" means any person to whom a reportable cross-border arrangement is made available for implementation, or who is ready to implement a reportable cross-border arrangement or has implemented the first step of such an arrangement. For the purposes of sub-regulation
(7), "associated enterprise" means a person who is related to another person in at least one of the following ways: (
  1. a)a person participates in the management of another person by being in a position to exercise a significant influence over the other person; (
  2. b)a person participates in the control of another person through a holding that exceeds 25% of the voting rights; (
  3. c)a person participates in the capital of another person through a right of ownership that, directly or indirectly, exceeds 25% of the capital; (
  4. d)a person is entitled to 25% or more of the profits of another person: Provided that: (
  5. i)if more than one person participates, as referred to in paragraphs (
  6. a)to (d), in the management, control, capital or profits of the same person, all persons concerned shall be regarded as associated enterprises; (
  7. ii)if the same persons participate, as referred to in paragraphs (
  8. a)to (d), in the management, control, capital or profits of more than one person, all persons concerned shall be regarded as associated enterprises; COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 (iii) for the purposes of this definition, a person who acts together with another person in respect of the voting rights or capital ownership of an entity shall be treated as holding a participation in all of the voting rights or capital ownership of that entity that are held by the other person; (
  9. iv)in indirect participations, the fulfilment of requirements under paragraph (
  10. c)shall be determined by multiplying the rates of holding through the successive tiers. A person holding more than 50% of the voting rights shall be deemed to hold 100%; (
  11. v)an individual, his or her spouse and his or her lineal ascendants or descendants shall be treated as a single person; "marketable arrangement" means a cross-border arrangement that is designed, marketed, ready for implementation or made available for implementation without a need to be substantially customised; "bespoke arrangement" means any cross-border arrangement that is not a marketable arrangement; "non-custodial dividend income" means dividends or other income treated as dividends in the payer’s Member State which are paid or credited to an account other than a Custodial Account as defined in sub-paragraph
(3)of paragraph C of Section VIII, of Annex I; "life insurance products not covered by other Union legal instruments on exchange of information and other similar measures" means Insurance Contracts, other than Cash Value Insurance Contracts subject to reporting under Section I of Annex I, where benefits under the contracts are payable on the death of a policy holder; "distributed ledger address" means distributed ledger address referred to in Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937;
(10)The coming into effect of the above provisions shall be as follows: (a) the provisions of sub-regulation
(1)and
(7)(a) shall be on 1 January 2015: Provided that the provisions of sub-regulation
(1)(
  1. f)shall be deemed to have come into force on 1 January 2024; (
  2. b)the provisions of sub-regulation
(2)and
(7)(
  1. b)shall be on 1 January 2016; (
  2. c)the provisions of sub-regulation
(3)and
(7)(c) shall be on 1 January 2017; (d the provisions of sub-regulation
(4)and
(7)(
  1. d)shall be on 5 June 2017; 31 32 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 (
  2. e)the provisions of sub-regulations
(7)and
(8)(
  1. e)shall be on 1 July 2020; (
  2. f)Statistics on automatic exchange of information. Automatic exchange of information reported by Platform Operators. Substituted by: L.N. 18 of 2025. the provisions of sub-regulations
(8)(f) and
(12)shall be deemed to have come into force on 1st January 2023; (g) the provisions of sub-regulations
(2)(
  1. h)to (
  2. k)and
(13)shall be deemed to have come into force on 1 January 2026.
(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.
(12)(
  1. 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. (
  2. b)The competent authority in Malta shall, by means of automatic exchange, communicate the report received in accordance with paragraph (
  3. 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. (
  1. c)The information regarding each Reportable Seller to be communicated by the competent authority in Malta pursuant to paragraph (
  2. b)shall be the following: (
  3. 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 of the Platform in respect of which the Reporting Platform Operator is reporting; (
  4. 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; (
  5. 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; (
  6. v)the business registration number of the COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 Reportable Seller that is an Entity; (
  7. 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; (
  8. 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 such account holder; (
  9. x)each Member State in which the Reportable Seller is resident determined pursuant to paragraph D of Section II of Annex V; (
  10. 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 (xii) any fees, commissions or taxes withheld or charged by the Reporting Malta Platform Operator during each quarter of the Reportable Period; (xiii) the Identification Service identifier and the Member State of issuance, where the Reporting Platform Operator 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; in such cases it is not necessary to communicate to the Member State of issuance of the Identification Service identifier the information referred to in sub-paragraphs (iii) to (vii): 33 34 [ S.L.123.127 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS Provided that where the Reportable Seller provides immovable property rental services, the following additional information shall be communicated: (
  11. 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; (
  12. ii)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; and (iii) where available, the number of days each Property Listing was rented during the Reportable Period and the type of each Property Listing. (
  13. 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. Cap. 123. (
  14. 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: Provided further that a Reporting Platform Operator within the meaning of sub-paragraph A
(4)(
  1. b)of Section I of Annex V shall not be required to register with the Commissioner for the purpose of these regulations, if such Platform Operator is resident for tax purposes in a non-Union jurisdiction which has an Effective Qualifying Competent Authority Agreement, which already provides for the automatic exchange of equivalent information with Malta on COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 Reportable Sellers resident in Malta. (
  2. f)The Reporting Platform Operator, having successfully registered with the Commissioner 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 sub-paragraph B
(2)of Section III of Annex V. (
  1. g)(
  2. i)Notwithstanding the administrative penalties stipulated in regulation 52, where a Reporting Platform Operator, after having registered with the Commissioner 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
(2)reminders by the Commissioner, 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. (ii) A Reporting Platform Operator whose registration has been revoked may be permitted to reregister with the Commissioner on the condition that it provides appropriate assurances as regards to its commitment to comply with the reporting requirements within the Union, including any outstanding unfulfilled reporting requirements. (iii) The competent authority in Malta, as the competent authority of the Member State of single registration, shall remove a Reporting Platform Operator from the central register in the following cases: (A) the Platform Operator notifies the Commissioner in Malta that it no longer carries out any activity as a Platform Operator; (B) in the absence of a notification pursuant to point (A), there are grounds to assume that the activity of a Platform Operator has ceased; (C) the Platform Operator no longer meets the conditions laid down in A
(7)(
  1. e)of Section 1 of Annex V; (D) the Commissioner in Malta revoked the registration pursuant to this paragraph. (
  2. h)Where a Platform Operator is deemed to be an 35 36 [ S.L.123.127 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS Excluded Platform Operator, the competent authority in Malta shall notify the competent authorities of all other Member States accordingly, including any subsequent changes. Cap. 372. Automatic exchange of information reported by Reporting CryptoAsset Service Providers. Added by: L.N. 162 of 2026. (
  3. 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 to 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.
(13)(
  1. a)A Reporting Malta Crypto-Asset Service Provider shall apply the due diligence procedures and fulfil reporting requirements established in Sections II and III of Annex VI. (
  2. b)The competent authority in Malta shall, by means of automatic exchange, communicate the information specified in paragraph (
  3. c)to the competent authorities of the EU Member States concerned within the time limit established in sub-regulation
(8)(g). (
  1. c)The competent authority in Malta shall communicate the following information regarding each Reportable Person: (
  2. i)the name, address, Member States of residence, TINs and, in the case of an individual, date and place of birth of each Reportable User and, in the case of any Entity that, after application of the due diligence procedures established in Section III of Annex VI is identified as having one
(1)or more Controlling Persons that is a Reportable Person, the name, address, Member States of residence and TINs of the Entity and the name, address, Member States of residence, TINs and date and place of birth of each Controlling Person of the Entity that is a Reportable Person, as well as the roles by virtue of which each such Reportable Person is a Controlling Person of the Entity: Provided that where the Reporting Crypto-Asset Service Provider relies on direct confirmation of the identity and residence of the Reportable Person through an Identification Service made available by a Member State or the Union to ascertain the identity and tax residence of the Reportable Person, the information which shall be communicated to the Member State of issuance of the Identification Service identifier regarding the Reportable Person shall include the name, the Identification Service identifier and the Member State of issuance, as well as the roles by virtue of which each Reportable Person is a COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 Controlling Person of the Entity; (
  1. ii)the name, address, TIN and, if available, the individual identification number referred to in paragraph (
  2. g)and the global legal entity identifier of the Reporting CryptoAsset Service Provider; (iii) for each type of Reportable Crypto-Asset with respect to which the Reporting Crypto-Asset Service Provider has effectuated Reportable Transactions during the relevant calendar year or other appropriate reporting period, where relevant: (A) Asset; the full name of the type of Reportable Crypto- (B) the aggregate gross amount paid, the aggregate number of units and the number of Reportable Transactions in respect of acquisitions against Fiat Currency; (C) the aggregate gross amount received, the aggregate number of units and the number of Reportable Transactions in respect of disposals against Fiat Currency; (D) the aggregate fair market value, the aggregate number of units and the number of Reportable Transactions in respect of acquisitions against other Reportable CryptoAssets; (E) the aggregate fair market value, the aggregate number of units and the number of Reportable Transactions in respect of disposals against other Reportable CryptoAssets; (F) the aggregate fair market value, the aggregate number of units and the number of Reportable Retail Payment Transactions; (G) the aggregate fair market value, the aggregate number of units and the number of Reportable Transactions and subdivided by transfer type where known by the Reporting Crypto-Asset Service Provider, in respect of Transfers to the Reportable User not covered by points (B) and (D); (H) the aggregate fair market value, the aggregate number of units and the number of Reportable Transactions, and subdivided by transfer type where it is known by the Reporting Crypto-Asset Service Provider, in respect of transfers by the Reportable User not covered by points (C), (E) and (F); and 37 38 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 (I) the aggregate fair market value, as well as the aggregate number of units of Transfers effectuated by the Reporting Crypto-Asset Service Provider to distributed ledger addresses referred to in Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations No (EU) 1093/2010 and No (EU) 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 not known to be associated with a virtual asset service provider or Financial Institution: Provided that for the purposes of points (B) and (C), the amount paid or received shall be communicated in the Fiat Currency in which it was paid or received. In case the amounts were paid or received in multiple Fiat Currencies, the amounts shall be communicated in a single Fiat Currency, converted at the time of each Reportable Transaction in a manner that is consistently applied by the Reporting Crypto-Asset Service Provider: Provided further that for the purposes of points (D) and (I), the fair market value shall be determined and communicated in a single Fiat Currency, valued at the time of each Reportable Transaction in a manner that is consistently applied by the Reporting Crypto-Asset Service Provider: Provided further that the information communicated shall specify the Fiat Currency in which each amount is reported. Cap. 123. (
  3. d)The European Commission shall not have access to the information referred to in sub-paragraphs (c)(
  4. i)and (ii). (
  5. e)For the purpose of complying with the reporting requirements referred to in paragraph (a), a CryptoAsset Operator within the meaning of sub-paragraph B
(2)of Section IV of Annex VI 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 Tax and Customs in accordance with the provisions of article 96
(2)of the Income Tax Act. (f) A Crypto-Asset Operator whose registration has been revoked in accordance with sub-paragraph F
(7)of Section V of Annex VI shall only be permitted to register again if it provides to the Commissioner appropriate assurance as regards its commitment to comply with the reporting requirements within the Union, including any outstanding unfulfilled reporting requirements. (g) Paragraphs (e) and (f) shall not apply to Crypto-Asset Service Providers within the meaning of sub-paragraph COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 39 B
(1)of Section IV, of Annex VI. 14.
(1)The competent authority in Malta shall communicate the information referred to in regulation 12
(1)to the competent authority of any other EU Member State concerned, where: (
  1. a)the competent authority in Malta has grounds for supposing that there may be a loss of tax in another EU Member State; or (
  2. b)a person liable to tax obtains a reduction in, or an exemption from, tax in Malta which would give rise to an increase in tax or to liability to tax in the other EU Member State; or (
  3. c)business dealings between a person liable to tax in Malta and a person liable to tax in another EU Member State are conducted through one or more countries in such a way that a saving in tax may result in Malta or the other EU Member State or in both; or (
  4. d)the competent authority in Malta has grounds for supposing that a saving of tax may result from artificial transfers of profits within groups of enterprises; or (
  5. e)information forwarded to Malta by the competent authority of another EU Member State has enabled information to be obtained which may be relevant in assessing liability to tax in the latter EU Member State.
(2)The competent authority in Malta may also communicate, by spontaneous exchange, to the competent authorities of another EU Member State any information of which it is aware and which it considers to be useful to the competent authorities of that other Member State.
(3)The competent authority in Malta shall forward any of the information referred to in this regulation that becomes available to it to the competent authority of any other EU Member State concerned as quickly as possible, and no later than one month after such information becomes available.
(4)Where the competent authority in Malta receives information in accordance with the provisions of Article 9 of the EU Administrative Cooperation Directive, it shall confirm receipt of such information to the competent authority which provided the information immediately and in any event no later than seven working days from the date of such receipt. The said confirmation shall be made, where possible, through electronic means.
(5)For the purposes of this regulation, "spontaneous exchange" means the non-systematic communication, at any moment and without prior request, of information to another EU Member State. Spontaneous exchange of information. Added by: L.N. 472 of
  1. 40 [ S.L.123.127 Presence in administrative offices and participation in administrative enquiries. Added by: L.N. 472 of
  2. Amended by: L.N. 18 of
  3. Cap.
  4. COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS 15.
(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: (
  1. a)be present in the offices where the administrative authorities of the requested Member State carry out their duties; (
  2. b)be present during administrative enquiries carried out in the territory of the requested Member State; (
  3. 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.
(2)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. Where such a n i n t e r v i e w i s a g r e e d t o , a n y r e f us a l b y t h e p e r s o n u n d e r investigation to respect the inspection measures of the authorized officials of the requesting authority shall be treated as if that refusal were committed against officials of the competent authority in Malta.
(3)Officials authorised by the requesting EU Member State to be present in Malta in accordance with the provisions of this regulation shall at all times be able to produce written authority stating their identity and their official capacity. Simultaneous controls. Added by: L.N. 472 of 2012. Amended by: L.N. 18 of 2025. 16.
(1)The competent authority in Malta may agree with the competent authorities of other EU Member States to conduct a simultaneous control (whether bilaterally or multilaterally) of one or more persons of common or complementary interest with a view to exchanging the information thus obtained. Where the competent authority in Malta is in agreement with the competent authorities of other EU Member States to enter into a simultaneous control, it s h a l l , af te r c on s u l ta ti o n w it h t h e Co m m i s s i on e r, a pp o in t a representative with responsibility for supervising and coordinating the control operation. Such representative may be appointed from any department that is considered suitable in relation to the particular simultaneous control. COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 41
(2)The competent authority in Malta shall identify independently the person or persons for whom it intends to propose a simultaneous control and where such person or persons have been identified it shall notify the competent authority of the other EU M e m b e r St a t e s c o n c e r n ed t h a t i t w i s h e s t o p r o p o s e s u c h a simultaneous control, giving reasons for its choice. The competent authority in Malta shall also specify the period of time during which those controls are to be conducted.
(3)The competent authority in Malta shall, upon receipt of a notification for a simultaneous control from the competent authority of another European 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. 16A.
(1)The competent authority of one
(1)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: (
  1. 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 Joint audit. Added by: L.N. 18 of 2025. 42 [ S.L.123.127 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS arrangements laid down in Malta; (
  2. 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 (
  3. c)ensure that the person subject to a joint audit or affected by it enjoys the same rights and has 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 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 conformity with Maltese law.
(5)The audited persons 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. Administrative notifications. Added by: L.N. 472 of 2012. 17.
(1)At the request of the competent authority of another EU Member State, the competent authority in Malta shall, in accordance with the rules governing the notification of similar instruments in Malta, notify the addressee of any instruments and decisions which emanate from the administrative authorities of the requesting EU Member State and concern the application in its territory of legislation on taxes covered by the EU Administrative Cooperation Directive.
(2)For a request for notification to be valid, such request shall indicate the subject of the instrument or decision to be notified and shall specify the name and address of the addressee, together with any other information which may facilitate identification of the COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 43 said addressee.
(3)The competent authority in Malta shall inform the requesting authority immediately of its response and, in particular, of the date of notification of the instrument or decision to the addressee.
(4)A request for notification pursuant to Article 13 of the EU Administrative Cooperation Directive shall only be considered to be valid when the competent authority in Malta receives assurances that the requesting authority is unable to notify in accordance with the rules governing the notification of the instruments concerned in the requesting Member State, or where such notification would give rise to disproportionate difficulties. Within this context, it is permissible for the competent authority of another EU Member State to notify any document by registered mail or electronically directly to a person within Malta.
(5)The competent authority in Malta may request the competent authority of other EU Member States for assistance in the notification to the addressee of any instruments and decisions which emanate from the administrative authorities of Malta and which concern the application in Malta of legislation on taxes covered by the EU Administrative Cooperation Directive. Any such request shall indicate the subject of the instrument or decision to be notified and shall specify the name and address of the addressee, together with any other information which may facilitate identification of the said addressee. Furthermore, such requests m a y o nl y b e m a d e w h e r e i t i s n o t po s s i b l e t o m a k e s u c h a notification in accordance with the rules governing the notification of the instruments concerned in Malta or where such notification would give rise to disproportionate difficulties. Within this context, it is permissible for the competent authority in Malta to notify any relevant document by registered mail or electronically directly to a person within the territory of any other EU Member State. 18.
(1)(
  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 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, other indirect taxes, customs duties and anti-money laundering and countering the financing of terrorism: 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. (
  2. b)Such information may also be used for the assessment and enforcement of other taxes and duties covered by Disclosure of information and documents. Added by: L.N. 472 of 2012. Amended by: L.N. 384 of 2015; L.N. 400 of 2016; L.N. 18 of 2025; L.N. 162 of 2026. Cap. 123. 44 [ S.L.123.127 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS Article 2 of Council Directive 2010/24/EU of 16 March 2010 concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures, or for the assessment and enforcement of compulsory social security contributions. (
  3. c)In addition, such information may be used in connection with judicial and administrative proceedings that may involve penalties, initiated as a result of infringements of tax legislation, without prejudice to the general rules and provisions governing the rights of defendants and witnesses in such proceedings. (
  4. d)The competent authority in Malta shall ensure that each individual Reportable Person is notified of a breach of security with regard to his data when that breach is likely to adversely affect the protection of his personal data or privacy.
(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 other than those referred to in sub-regulation
(1)(
  1. a)may be used. The competent authority that receives the information and documents may use the received information and documents without the permission referred to in paragraph (
  2. a)for any of the purposes listed by the competent authority in Malta. (
  3. c)The competent authority in Malta that receives information and documents may also use the received information and documents without the permission referred to in paragraph (
  4. a)for any purpose that is covered by an act based on Article 215 of the Treaty on the Functioning of the European Union and share them for such purpose with the competent authority in charge of restrictive measures in Malta in accordance with the decision taken under the said Article 215.
(3)Where the competent authority of another EU Member State requests permission for such other use as referred to in the third paragraph of Article 16
(1)of the EU Administrative Cooperation Directive, the competent authority in Malta shall only grant such permission if the information can be used for similar purposes in Malta. COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS
(4)[ S.L.123.127 (a) When the competent authority in Malta considers that information which it has received from the competent authority of another EU Member State is likely to be useful for the purposes referred to in sub-regulation
(1)(a) to the competent authority of a third Member State, it may transmit that information to the latter competent authority, provided that the transmission is in accordance with the rules and procedures established in these regulations. The competent authority in Malta shall inform the competent authority of the Member State from which the information originates about its intention to share that information with a third Member State. The Member State of origin of the information may oppose such a sharing of information within fifteen
(15)calendar days of receipt of the communication from the competent authority in Malta that wants to share the information. (b) Where a competent authority of another EU Member State requests permission from the competent authority in Malta to transmit information which it has received from the competent authority in Malta to a third EU Member State because it considers that such information is likely to be useful for the administration and enforcement of legislation of such third EU Member State concerning the taxes referred to in Article 2 the EU Administrative Cooperation Directive, the competent authority in Malta shall give its permission or otherwise, depending on the case, not later than ten working days of receipt of such request.
(5)Information obtained by the competent authority in Malta pursuant to the provisions of Article 16
(2)of EU Administrative Cooperation Directive, and which has been transmitted pursuant to the provisions of Article 16
(3)of that same Directive, may only be used in Malta if permission has been granted by the competent authority of the EU Member State from which the information originated.
(6)Notwithstanding sub-regulation
(1)to
(4), information received from other EU Member States pursuant to Article 8aa of the EU Administrative Cooperation Directive shall be used for the purposes of assessing high-level transfer pricing risks and other base erosion and profit shifting related risks, including assessing the risk of non-compliance by members of the MNE group with applicable transfer pricing rules, and where appropriate for economic and statistical analysis. Transfer pricing adjustments made by the Commissioner shall not be based on the information exchanged pursuant to Article 8aa of the EU Administrative Cooperation Directive. Notwithstanding the provisions of this subregulation, there is no prohibition on using the information communicated between EU Member States pursuant to Art. 8aa of the EU Administrative Cooperation Directive as a basis for making f u r t h e r e n q u i r i e s i n t o t h e M N E G r o u p ’s t r a n s f e r p r i c i n g arrangements or into other tax matters in the course of an enquiry in te rms o f article 13 of the Income Tax M anagement Ac t, including a tax audit and, as a result, appropriate adjustments to the Cap. 372. 45 46 [ S.L.123.127 COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS taxable income of a Constituent Entity may be made.
(7)Information, reports, statements and any other documents, or certified true copies or extracts thereof, obtained by the competent authorities of another EU Member State and communicated to the competent authority in Malta in accordance w i t h t h e p r o v i s i o ns o f t h e E U A d m i ni s tr a t iv e C o o p e r a ti o n Directive may be invoked as evidence by the competent bodies in Malta on the same basis as similar information, reports, statements and any other documents provided by an authority of Malta. Third countries. Added by: L.N. 472 of
  2. Malta shall enter into an arrangement with other EU Member States that provides mutual and wider cooperation than that provided under the EU Administrative Cooperation Directive provided that (a) Malta has entered into an arrangement that provides for such mutual and wider cooperation than that provided for under the EU Administrative Cooperation Directive with a jurisdiction that is not an EU Member State; and (b) the said EU Member State requests to enter into such an arrangement. Exchange of information with third countries. Added by: L.N. 472 of
  3. 20.
(1)Where the competent authority in Malta receives from a third country information that is foreseeably relevant to the administration and enforcement of the domestic legislation of Malta concerning the taxes referred to in Article 2 of the EU Administrative Cooperation Directive, it may, in so far as this is allowed pursuant to an arrangement with that third country, provide that information to the competent authorities of the EU Member States for which that information might be useful and to any requesting authorities.
(2)The competent authority in Malta may communicate, in accordance with the provisions on the communication of personal data to third countries found in Maltese legislation, information obtained in accordance with the provisions of the EU Administrative Cooperation Directive to a third country, provided that all of the following conditions are met: (
  1. a)the competent authority of the EU Member State from which the information originates has consented to that communication; (
  2. b)the third country concerned has given an undertaking to provide the cooperation required to gather evidence of the irregular or illegal nature of transactions which appear to contravene or constitute an abuse of tax legislation. COOPERATION WITH OTHER JURISDICTIONS ON TAX MATTERS [ S.L.123.127 21.
(1)(
  1. a)Every exchange of information in accordance with these regulations shall be made in conformity with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and the Data Protection Act, including the regulations made thereunder. (
  2. b)The Commissioner may restrict the rights and obligations established in Article 13, Article 14
(1)and Article 15 of Regulation (EU) 2016/679, where such restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard the objective established in Article 23
(1)(e) of Regulation (EU) 2016/679. Before applying a restriction, the Commissioner shall conduct a necessity and proportionality assessment and be able t

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