Value Added Tax Act (Cap. 406)
Value Added Tax Act (Cap. 406), article 39
39. (1) Any person who, being required to apply for
registration under article 10, does not make such an applicatio n
within the time laid down in the relevant provisions of this Ac t
shall be liable to an administrative penalty in an amount equiv alent
to the higher of -
(a) one per cent of the excess, if any, of the output tax
over the deductions for the first tax period following
the registration; and
(b) twenty euro (€20),
for every month or part thereof that elapses from the date on w hich
the application should have been made and the earlier of the da te on
which the application registration is furnished to the Commissi oner
and the date when that person is registered by the Commissioner :
Provided that where the excess, if any, of the output tax over
the deductions for the first tax period following registration is two
thousand euro (€2,000) or less, such administrative penalty sha ll not
exceed two hundred and fifty euro (€250), and where the excess of the
output tax over the deductions for the first tax period followi ng
registration is more than two thousand euro (€2,000) such
administrative penalty shall not exceed twenty per cent of such excess.
( 2 ) A n y p e r s o n w h o , b e i n g r e q u i r e d t o a p p l y f o r r e g i s t r a t i o n
under article 12, does not make such an application within the time
laid down in the relevant provisions of this Act shall be liabl e to an
administrative penalty of the higher of -
(a) o n e p e r c e n t o f t h e t a x c h a r g e a b l e o n t h e i n t r a -
community acquisitions or the services received or both
such intra-community acquisitions and services received,
in respect of which he is required to make such
application; and
(b) twenty euro (€20),
for every month or part thereof that elapses from the date on w hich
the application should have been made and the earlier of the da te on
which the application is furnished to the Commissioner and the
date when that person is registered by the Commissioner:
Provided that where the tax chargeable on the intra-
community acquisitions or the services received or both such in tra-
community acquisitions and servi ces received, in respect of whi ch that
person is required to make such application is two thousand eur o
(€2,000) or less, such administr ative penalty shall not exceed two
hundred and fifty euro (€250), and where the tax chargeable on the
intra-community acquisitions or the services received or both s uch
intra-community acquisitions and services received, in respect of
which that person is required to make such application is more than
VALUE ADDED TAX [CAP. 406. 33
two thousand euro (€2,000) such administrative penalty shall no t
exceed twenty per cent of such tax chargeable.
(3) Any person who, being required to give notice or provide
information under articles 13 or 15, does not give that notice or
information within the time stipulated in the relevant provisio ns of
this Act shall be liable to an administrative penalty of twenty euro
(€20) for every month or part ther eof that elapses from the dat e on
which the notice or informati on should have been given in
accordance with those articles and the date when such notice or
information is given to the Commissioner:
Provided that such administrative penalty shall in no case
exceed two hundred and fifty euro (€250) for each such notice o r
information.
Administrative
penalty for default
by person
registered under
article 11.
Amended by:
X. 2003.23;
XIII. 2005.48;
L.N. 426 of 2007;
L.N. 105 of 2008;
II. 2009.45.
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.