Income Tax Management Act (Cap. 372), article 10

10. (1) The Commissioner may, by notice in writing, require any person to furnish him by not later than such date as may be prescribed with a return of income together with and containing such particulars, statements, ac counts, computations or other documents as may be necessary to enable such person’s income an d allowable deductions and the tax payable by or repayable to tha t person to be readily ascertained in accordance with and for the purposes of the Income Tax Acts. (2) The Commissioner may, by means of the notice referred to in sub-article (1), require any person to include in his return of income for the year of assessme nt 1999 and any subsequent year of assessment a self-assessment, that is to say, a computation showing: (a) the chargeable income of that person for the year of assessment on the basis of the information contained in the return of income; (b) the tax chargeable thereon; and (c) the tax payable by or repayable to that person for the year of assessment, being t he difference between the tax computed und er paragraph ( b) and the aggregate of the amounts referred to in the following sub- paragraphs, disregarding any credit, relief or tax paid, withheld, payable or repay a b l e f o r a n y o t h e r y e a r o f assessment: (i) any provisional tax paid and any tax deducted at source that falls to be set off or that is available as a credit in accordance with the provisions of the Income Tax Acts against the tax computed under paragraph (b); Cap. 123. (ii) any tax credit or relief claimed and due in accordance with the provisions of Part X of the Income Tax Act relating to the chargeable income computed under paragraph ( a); (iii) any tax credit or relief claimed and due in accordance with the provi sions of any other law and relating to the chargeable income computed under paragraph (a): INCOME TAX MANAGEMENT [CAP. 372. 9 S.L.325.06 Cap. 325. Provided that notwithstanding anything in any enactment, with effect from year of assessment 2010 no account shall be taken of any requirement imposed on any company in terms of the Business Promotion Regulations to set-off any particular tax credits or any balance thereof granted in terms of the Business Promotion Regulations after the application of any other tax credits available to that company in terms of the Business Promotion Act and the Business Promotion Regulations , such that the company shall be entitled to determine the order in which such tax credits or part thereof shall be claimed for set-off against its income; and (iv) any other amount paid on account of the tax chargeable for the year of assessment as computed under paragraph (b). (3) A self-assessment shall not be construed as being an assessment for any purpose of the Income Tax Acts and any reference in the said Acts to an assessment shall not be constr ued as or as including a referen ce to a self-assessment. (4) If a person required to file a return of income under this article is a company registered in Malta it shall furnish toget her with the return the document s specified in article 19(4). (5) No return purporting to have been filed in accordance with the provisions of this article s hall be considered to have been so filed unless it is complete in all material respects, including a self- assessment when required by the notice referred to in sub-artic le (1), and unless it i s accompanied by such documents as are requ ired under the other provisio ns of this article. Commissioner may request information. Added by: II. 2003.42. Amended by: II. 2005.31. Substituted by: I. 2008.2. Amended by: XXXIII. 2015.108; XVIII.2021.44.