Chapter 62 – Revenue (Safeguard) Act
What is this act about?
This law allows the government to start collecting new or increased taxes as soon as a bill proposing them is announced, even before it becomes a final law. It also provides rules for how these collected amounts are handled and under what conditions they are returned.
Who it applies to: Any person or entity subject to a new or increased duty; The Government, Corporations, or Authorities established by law that are due revenue.
At a glance
- Country
- Malta
- Area of law
- Tax law
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- The immediate collection of new or increased duties upon notice of a bill.
- The holding of collected amounts in deposit until the bill is approved or rejected.
- The exemption from other duties for these deposits.
- The restriction of delivery of goods from customs or bonded warehouses under certain conditions.
Who does this act apply to?
- Any person or entity subject to a new or increased duty.
- The Government, Corporations, or Authorities established by law that are due revenue.
What are the key points?
- A new or increased duty is levied and collected from the day a Proclamation is issued stating that notice of the bill has been given.
- Amounts collected are held in deposit and passed to revenue if the bill is approved, or returned if rejected, decreased, or not passed within six months from the first sitting of the House of Representatives after notice.
- Deposits exceeding two hundred and thirty-two euro and ninety-four cents (232.94) that are returned to the depositor will accrue interest at three per cent per annum.
- The Comptroller of Customs may refuse delivery of goods or release of products in quantities exceeding what appears reasonable during specific periods, including October 1st to January 31st annually, or other periods not exceeding one month as specified by the Minister responsible for finance.
Tax law
Legal text
Legal text
REVENUE (SAFEGUARD)
CHAPTER 62
REVENUE (SAFEGUARD) ACT To make provision for the Safeguard of Revenue and the Prevention of Forestalment. (14th May, 1928) ACT V of 1928 as amended by Ordinance LI of 1939; Proclamation XI of 1947; Act XXIII of 1956; Emergency Ordinance XIV of 1958;
Ordinances: XVI of 1960, XXV of 1962; Legal Notices 43 of 1962, 46 of 1965; Acts: XXXVIII of 1966, XI and XV of 1977, XXIX of 1979, XIII of 1983, XXII of 1989 and XIV of 2001; and Legal Notice 408 of 2007. l.
The short title of this Act is the Revenue (Safeguard) Act.
Short title.
New or increase of duty.
Amended by:
LI. 1939.2;
Procl. XI of 1947;
XVI.1960.3;
XXV.1962.3;
L.N. 46 of 1965;
XXXVIII.1966.2.
Substituted by:
XXII. 1989.2;
XIV. 2001.2.
Amounts collected to be held in deposit.
Amended by:
LI. 1939.3;
XXV. 1962.3;
L.N. 46 of 1965;
XIII.1983.5;
XXII. 1989.3;
L.N. 408 of 2007.
Deposit to be exempt from stamp or other duty.
Interest.
Restriction of delivery of goods from bond.
Added by:
XXIII. 1956.2.
Amended by:
XIV.1958.2;
XXV.1962.3:
XXXVIII.1966.3;
XI.1977.2.
Substituted by:
XV.1977.2.
Amended by:
XXIX. 1979.3;
XIV. 2001.3.
REVENUE (SAFEGUARD) 4. (1) The Comptroller of Customs, hereinafter referred to as "the Comptroller" may, during any period to which this article applies, refuse to allow the delivery of goods or commodities for home consumption from any wharf, customs verandah or bonded warehouse in any case where delivery is demanded of amounts exceeding the delivery which appears to him to be reasonable in the circumstances.
Mode of collection of duty.
Added by:
XXII. 1989.4.
5.
Where in any bill as is referred to in article 2(1) a particular procedure is established for the collection of the duty, such duty shall, subject to the other provisions of this Act, be collected in accordance with the procedure established in such bill.