Income Tax Management Act (Cap. 372)
Income Tax Management Act (Cap. 372), article 52
52. (1) Any person who wilfully with intent to evade or to
assist any other person to evade tax under the Income Tax Acts -
(a) fails to furnish a return or any other document or
statement which he is required to furnish by the Income
Tax Acts or omits from a return or any other document
or statement made, prepared or submitted for the
purposes of or under the Income Tax Acts, any income
which should be included therein; or
(b) m a k e s a n y f a l s e s t a t e m e n t o r e n t r y i n a n y r e t u r n o r
other document or statemen t prepared or submitted for
the purposes of or under the Income Tax Acts; or
(c) gives any false answer, whether verbally or in writing,
to any question or request for information asked or
made in accordance with the provisions of the Income
Tax Acts; or
(d) prepares or maintains or authorises the preparation or
maintenance of any false books of account or other
records or falsifies or authorises the falsification of
any books of account or records; or
(e) makes use of any fraud, art or contrivance whatever or
a u t h o r i s e s t h e u s e o f a n y s u c h f r a u d , a r t o r
contrivance; or
(f) has in his possession or under his control any article
for use in the course of or in connection with altering,
destroying, erasing or c oncealing any information,
records or evidence which he knows or is reasonably
expected to know to be relevant for any purpose of this
Act; or
(g) makes, adapts, supplies or offers to supply any article
knowing that it is designed or adapted for use in the
course of or in connection with altering, destroying,
erasing or concealing any information, records or
evidence which he knows or is reasonably expected to
know to be relevant for any purpose of this Act, or
66 CAP. 372.] INCOME TAX MANAGEMENT
intending it to be used to commit, or assist in the
commission of fraud; or
(h) alters, destroys, conceals, cov ers up, falsifies, or makes a
false entry in any record, document, electronic data or
tangible object,
shall be guilty of an offence, a nd shall be liable on convictio n
before a Court of Magistrates sitting as a court of criminal
judicature -
(i) to a fine ( multa ) not less than seven hundred
euro (€700) and not exceeding three thousand
five hundred euro (€3,500) in the case of any
offence committed under paragraphs (a) to ( d);
and
(ii) to a fine ( multa ) of not less than six thousand
euro (€6,000) and not exceeding ten thousand
euro (€10,000) for an offence committed under
paragraphs (e) to (h),
and, in addition, for each offen ce as above referred to in para graphs
(a) to ( h), to treble the amount of tax to which the person whose tax
liability it was intended to evade, or to assist in evading, is liable
under the Income Tax Acts for th e year of assessment in respect of
or during which the offence was committed, or to imprisonment f or
any term not exceeding six months, or to both such fine and
imprisonment.
For the purposes of paragraphs ( f) and ( g) the term "article"
includes any program or data held in electronic form.
(2) The Commissioner may compound any offence under this
article, and may before judgment stay or compound any
proceedings thereunder.
Special mechanism
for out of court
settlements.
Added by:
XXX.2025.9.
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.