Income Tax Management Act (Cap. 372), article 12

12. (1) Notwithstanding the provisions of articles 10 and 11, but without prejudice to the other provisions of this Part, a p erson to whom this article applies shal l not be required to furnish a return of income for a year of assessmen t if he makes an election for that year under and in accordan ce with this article. (2) This article applies to: (a) an individual resident in Malta whose total income for the year of assessment - Cap. 123. (i) does not include any income falling under article 4(1)( a) of the Income Tax Act ; and Cap. 123. (ii) does not exceed the amoun t to which a nil rate of tax applies in terms of the relevant provisions of article 56(1) of the Income Tax Act ; (b) an individual resident in Malta whose total income for the year of assessment cons ists solely of income that was subject to deduction at source, including income subject to a nil rate of deduction, in terms of regulations made for the pu rposes of article 23 and fully reported in a statemen t or statements of earnings prepared in accordance with the said regulations and held in his possession; (c) a person who is designated as a person to whom this article applies by regulations that may be prescribed under this article. Cap. 123. (3) ( a) When a person has an option in terms of any provision of the Income Tax Act to disclose or not disclose income, that income shall no t be taken into account for the purposes of sub-article (2), and if that person makes an election under this article he shall be deemed for the purposes of the Inco me Tax Acts to have opted not to disclose that incom e and such income shall accordingly not form part of his total income. (b) When a person makes an election under this article, the income that he would have been required to disclose were it not for the provisions of this article shall be taken into account in determining his total income for any purpose of the I ncome Tax Acts. Cap. 123. (c) When a person makes an el ection under this article and he is also eligible to make an election for a separate computation under article 50 of the Income Tax Act , that person shall be deemed to have taken the more advantageous option under that article according to his particular circumstances. Cap. 123. (d)† With respect to a married individual living with his spouse, other than an individual in respect of whom an election for a separate return for the purposes of article 49A of the Income Tax Act is effective references in *Applicable as from year of assessment 2021. †Applicable as from year of assessment 2021. 12 CAP. 372.] INCOME TAX MANAGEMENT this article to an individual shall be construed as references to the responsible spouse and references to the income or the chargeable income of an individual shall be construed as references to the income or the chargeable income of both spouses. (4) ( a) An election under this arti cle shall be made by the delivery to the Commission er of a signed declaration confirming the person’s elig ibility to make the election in terms of this article and complying with the other provisions of this sub-article. (b) An election shall not be deemed to have been made under this article unless: (i) it is made by a person to whom this article applies; (ii) it is made on the prescribed form and contains such particulars and is accompanied by such documents as may be requ ired by that form; and (iii) it is delivered to th e Commissioner by not later than such date as may be prescribed. No obligation to furnish return of income. Added by: IV . 2007.25.