Malta is committed to tax transparency with a view that a fair and
transparent tax system demonstrates good governance. On this basis, Malta has
entered into multiple legal arrangements for Exchange of Information. These
arrangements include the following categories:
The first category involves a mechanism
through which one Competent Authority in one jurisdiction requests information
from another Competent Authority in a different jurisdiction. In the event that
Malta is the requested jurisdiction, it is important to note that there are no
domestic tax limitations on the powers of the Commissioner for Revenue to
require and access information from an information-holder in Malta. In this
respect, limitations are circumscribed through the applicable international
arrangements designed to respect the essence of fundamental rights.
The second category describes a mechanism
through which one Competent Authority in one jurisdiction automatically
exchanges pre-established categories of information to another Competent
Authority in a different jurisdiction over an interval of time. Therefore,
certain information-holders in Malta may systematically be required to provide
information to the Commissioner for Revenue in line with the applicable
international arrangements.
Malta’s
obligations and commitments in relation to Exchange of Information are
encapsulated in the S.L. 123.127 Cooperation with Other Jurisdictions on Tax
Matters Regulations. To facilitate the implementation of these international
obligations, the Commissioner for Revenue has developed online e-services to
allow information-holders to submit accurate and complete information for
onward exchange of information. Furthermore, Guidelines in relation to Exchange of Information on Request issued under the provisions of article 96(2) of the Income Tax Act are available here.