Duty on Documents and Transfers Act (Cap. 364)
Duty on Documents and Transfers Act (Cap. 364), article 62
62. (1) The Commissioner may, subject to such conditions as
may be prescribed, ref und the duty where -
(a) any document has been inadvertently spoiled,
mutilated, or rendered unfit for use before it is
executed; or
(b) a document is subsequently expressly declared to be
null by any competent court; or
(c) the material condition of a document is such as to
justify its substitution by another document of a
similar nature, provided that the consent of the
Commissioner for such substitution is obtained before
it is made and that the duty applicable for the
document at the time the substitution is made has been
duly paid; or
(d) the amount received by the Commissioner was not
due; or
(e) due to an error in computation, excessive duty has
been paid; or
(f) a document drawn for purposes of registration or filing
with an authority established by law is rejected owing
to its non-conformity with the requirements of the
authority concerned, where the document, whether or
not it may be construed to have some validity between
the parties, has failed to achieve the purpose for which
it was executed.
(2) Claims for the refund of any duty under this article shall b e
made in such manner and within s uch period as may be prescribed .
(3) Where in the case of the persons mentioned in articles
32(4)( a) and 32C who acquire a second residence it is proved to the
satisfaction of the Commissioner that their former residence wa s
sold within one year from the da te of acquisition of their seco nd
residence, such persons shall, notwithstanding the provisions o f
paragraph ( d) of article 32(4) and the last proviso to article 32C, be
entitled to a refund of the duty paid in excess of the duty pro perly
chargeable in respect of the acquisition of su ch residence as
established under the provisions of articles 32, 32C and 40, as
applicable.
(4) Nothing in this article contained shall be deemed or made
use of to supersede or replace the provis ions of article 56.
PART VII*
Protection of the Duty
Court proceedings,
etc., in respect of
chargeable
property.
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.