Income Tax Act (Cap. 123)
Income Tax Act (Cap. 123), article 42
42. Where, in the opinion of the Commissioner, a series of
transactions is effected with the sole or main purpose of reduc ing
the amount of tax payable by a person by reason of the operatio n of
the investment income provisions, such a person shall be assess able
as if the aforesaid provisions did not apply, and any tax withh eld in
respect of income received under one or more of the aforesaid
transactions shall be available as a credit against the tax lia bility of
the person receiving such income, or for a refund as the case m ay
be, for the relevant year of assessment.
For the purposes of this article, a "series of transactions"
shall mean any two or more corr esponding or circular transactio ns,
carried out by the same person, e ither directly or indirectly, as the
case may be.
Certain
undistributed
profits to be
deemed to be
distributed.
Amended by:
VI.1953.2;
XXVIII.1978.11;
VIII.1987.5
Renumbered by:
XVII. 1994.2.
Amended by:
XVII. 1994.17;
II. 2007.14;
I. 2010.24;
IV . 2011.18;
XVI. 2017.20;
VII.2019.20;
VII.2022.27.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.