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The 2012 worldwide VAT, GST and sales tax guide

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M ALTA 435<br />

2008/9/EC. For businesses established outside the EU, refund is<br />

made under the terms of the EU 13th Directive.<br />

For the general <strong>VAT</strong> refund rules under Council Directive<br />

2008/9/EC <strong>and</strong> the EU 13th Directive refund schemes, see the<br />

chapter on the EU, page 208.<br />

Claims for refunds by persons established in other EU member<br />

states must be made online in accordance with Council Directive<br />

2008/09/EC. Claims for refund under the EU 13th Directive must<br />

be made on an appropriate form <strong>and</strong> sent to the following<br />

address:<br />

Commissioner of <strong>VAT</strong><br />

Value Added Tax Department<br />

Centre Point Building<br />

Ta’ Paris Road<br />

Birkirkara BKR 4633<br />

Malta<br />

H. Invoicing<br />

<strong>VAT</strong> invoices <strong>and</strong> credit notes. Registered persons must generally<br />

provide <strong>tax</strong> invoices for all <strong>tax</strong>able supplies of goods <strong>and</strong> services<br />

made <strong>and</strong> for exports. Fiscal receipts must be issued for<br />

retail <strong>sales</strong>. A purchaser who receives a fiscal receipt for a supply<br />

must retain it for a period of at least 24 hours because the purchaser<br />

may be required to produce the receipt for inspection by<br />

the <strong>VAT</strong> authorities.<br />

A credit note may be used to reduce <strong>VAT</strong> charged <strong>and</strong> reclaimed<br />

on a supply. A credit note must be cross-referenced to the original<br />

invoice.<br />

Proof of exports. <strong>VAT</strong> is not chargeable on exports of goods to<br />

third territories. An export supply must be accompanied by<br />

evidence that confirms the goods have left Malta. Suitable evidence<br />

includes the stamped customs exportation documentation.<br />

Foreign-currency invoices. Invoices may only be issued in euros.<br />

Foreign currency may only be quoted as a reference. <strong>The</strong> selling<br />

rate quoted by the European Central Bank on the date on which<br />

the supply takes place must be used.<br />

I. <strong>VAT</strong> returns <strong>and</strong> payment<br />

<strong>VAT</strong> returns. In most cases, registered persons file <strong>VAT</strong> returns<br />

quarterly. <strong>VAT</strong> returns must be filed within one <strong>and</strong> a half months<br />

after the end of the <strong>tax</strong> period to which they relate. Payment in<br />

full is required on the same date. Return liabilities must be paid<br />

in euro.<br />

Recently Maltese <strong>VAT</strong> law was amended to ensure that businesses<br />

sending their <strong>VAT</strong> declarations <strong>and</strong> making payments<br />

online are not charged interest <strong>and</strong> administrative fines if the<br />

declaration or payment is sent within seven days after the current<br />

deadline.<br />

Penalties. Interest is assessed on <strong>VAT</strong> paid late. <strong>The</strong> current rate<br />

is 0.75% for each month or part of a month. <strong>The</strong> interest rate may<br />

change.

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