17 July 2009 To: IFSP Members (cc Malta Institute of Taxation, Malta ...

company falls under the responsibility of the Inland Revenue ITU Mriehel offices or
Floriana offices.
The advantages of a timely submission of the DDT10 form together with the relevant
M&A or other document indicating shareholders’ details and the company’s objects
facilitate –
a. immediate categorisation as an ITU company;
b. immediate categorisation of type (without this categorisation, the 18
month period for tax payment does not apply);
c. immediate application of accounting date (which means that a NIL return
will not need to be submitted for the first default year of assessment).
In view of the above, and the current operational problems that the ITU are
encountering from the non-timely submission of DDT10 forms, and in order to avoid
problems in the future (e.g. issues where the 18 month period for tax payment is not
recognised by the Inland Revenue in view of the fact that the Inland Revenue would
not have been informed of the status of the company through a DDT10 form), the ITU
have given instructions not to register companies for tax purposes unless the DDT10
form has also been submitted. The mere production of an M&A is not sufficient for
this purpose. The proper documentation for this purpose (i.e. the DDT10 form
complete with the relevant Form U where applicable) needs to be presented.
Companies that do not fall within the scope of article 47 of the Duty on Documents
and Transfers Act will only be considered to be ‘ITU Companies’ if they need to
register their shareholders for the purposes of refund claims for the purposes of the
provisions of Article 48(4A) of the Income Tax Management Act once such
registration (of the relevant shareholders) is effectively made.
Accordingly, all member practitioners are urged to ensure the timely
presentation of the DDT10 form to the ITU at the time of registration of a
company with the ITU.
Member practitioners should also take note of the following:
(i) The DDT10B form (in respect of an Article 47(3)(e) DDTA exemption
determination) requires to be accompanied by a copy of the duly
registered ROC Form U (Notice of claim for extension of period allowed for
laying accounts by company carrying on business or having interests outside of
Malta). In the absence of the submission of an ROC Form U, the company
is required to provide evidence of its interests outside of Malta (for
example: details of the company’s activities; its assets situated outside of
Malta; business counterparts situated outside of Malta etc)
(ii) The ROC Form U should be sent to the Registry of Companies for registration
and not to the ITU. ITU should receive from the company only a copy of
the duly registered Form U.
(iii) The accounting reference period cannot exceed (not even by a day) an 18-
month period from the date of incorporation of the company, or the date of
the end of the previous accounting reference period.
Address: P.O Box 37, Valletta, VLT 1000
Tel: 2569 6352 Fax: 2144 9212
E-mail: info@ifsp.org.mt Website: www.ifsp.org