Value Added Tax Act (Cap. 406)
Value Added Tax Act (Cap. 406), article 11A
11A. (1) A taxable person established in Malta qualifying as a
small enterprise in terms of the provisions of Part Two of the Sixth
Schedule, who makes supplies of goods and services within the
territory of another Member State, and who intends to avail of the
exemption in terms of the special scheme for small enterprises
applicable in the respective Mem ber State in which the supplies are
made in accordance with Chapter 1 of Title XII of Council Direc tive
2006/112/EC, may apply to the Commissioner to be registered und er
this article.
(2) The Commissioner shall register under this article any
person who has submitted an application under sub-article (1) i f he is
satisfied that that person is eligible for such registration in accordance
with the provisions of Part T wo of the Sixth Schedule:
Provided that such registration shall only take effect as from
the date notified by the Commis sioner to the taxable person.
(3) Any person registered under this article shall be subject to
14 CAP. 406.] VALUE ADDED TAX
the provisions of Part Tw o of the Sixth Schedule.
(4) A person registered under this article:
(a) may, at any time, apply to the Commissioner for
the cancellation of his regis tration under this article;
(b) shall, within fifteen (15) working days from the
date on which such person is no longer eligible to avail of the
special scheme for small enterprises in terms of the provisions
of Part T wo of the Sixth Schedule in any Member State, apply
to the Commissioner for an update or cancellation of such
registration, as the case may be;
(c) shall, within fifteen (15) working days from the
date on which the Union annual turnover of that person referred
to in the Sixth Schedule exceeds the Union threshold referred to
in the same Schedule, apply to the Commissioner for the
cancellation of the said registration.
(5) The Commissioner shall cancel the registration of a person
under this article with immediate effect:
(a) in cases where the Commissioner has reason to
believe that the taxable person i s no longer eligible to avail of
the special scheme for small enterprises in terms of the
provisions of Part Two of the Sixth Schedule;
(b) if such person notifies the Commissioner through
the established web portal desi gnated for this purpose by the
Commissioner, that such person no longer intends to avail
himself of the special scheme for small enterprises in all
Member States, or whose Union annual turnover referred to in
the Sixth Schedule exceeded the Union threshold referred to in
the said Schedule;
(c) if such person notifies the Commissioner through
the established web portal desi gnated for this purpose by the
Commissioner, or it may otherwise be presumed by the
Commissioner, that the economic activity of such person has
ceased.
Special scheme for
small enterprises
for persons not
established in
Malta.
Added by:
XXXVIII.2024.7.
Amended by:
IX.2025.65.
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.