Value Added Tax Act (Cap. 406)
Value Added Tax Act (Cap. 406), article 22
22. (1) The output tax of a person registered under article 10
is the tax on supplies and on intra-community acquisitions that
becomes chargeable during that period and for which that person is
liable in terms of article 20(1) and (2).
(2) The input tax of a taxable person is the tax that becomes
chargeable on -
(a) supplies made to him,
(b) intra-community acquisitions made by him, and
(c) importations made by him,
to the extent that the supplies so made and the goods so acquir ed or
imported have been or are intend ed to be wholly used by him in the
course or furtherance of his economic activity.
(3) Subject to sub-article (5) -
(a) the input tax credit for a tax period of a person
registered under article 10 is an amount equivalent to
so much of the input tax of that person that becomes
chargeable during that per iod as is attributable to
supplies made or intended to be made by him, being
supplies to which sub- article (4) applies;
(b) the input tax credit for the last tax period of a person
whose registration under article 10 has been cancelled
is an amount equivalent to so much of the input tax of
that person that becomes char geable during that period
as is attributable to supplies made by him up to the end
of that period, being supplies to which sub-article (4)
applies.
(4) This sub-article applies to:
(a) taxable supplies;
(b) exempt with credit supplies;
VALUE ADDED TAX [CAP. 406. 23
(c) supplies which take place outside Malta which would,
if made in Malta, be treated under the provisions of
this Act as taxable supplies or as exempt with credit
supplies or supplies taxed outside Malta which if made
in Malta would have been treated as exempt without
credit supplies;
(d) operations exempt from V AT, relating to:
Cap. 403.
Cap. 487.
(i) supplies by persons licensed under the Insurance
Business Act or the Insurance Distribution Act ,
of insurance and reinsura nce services, including
related transactions, in respect of which they are
so licensed;
(ii) the granting and negotiation of credit and the
management of credit by the person granting it;
(iii) the negotiation of or any dealings in credit
guarantees or any other security for money and
the management of credit guarantees by the
person who is granting the credit;
(iv) transactions, includi ng negotiation, concerning
deposit and current accounts, payments,
transfers, debts, cheques and other negotiable
instruments, but excluding debt collecting and
factoring;
(v) transactions, including negotiation, concerning
currency, bank notes and coins normally used as
legal tender;
(vi) transactions, including negotiation, excluding
management and safekeeping, in shares, interest
in companies or associations, debentures and
other securities, excluding documents
establishing title to goods,
when the customer is established outside the Community or when
those operations are directly linked with goods to be exported to a
country outside the Community.
(5) The right to an input tax credit, the amount of the credit a nd
the manner in which input tax is attributable to supplies are s ubject
to the conditions, limitations, revisions and adjustments set o ut in
the Tenth Schedule.
Deductions.
Substituted by:
X. 2003.10.
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.