Cap. 406, article 12
Article 12 VAT Malta: who must register and when
Updated
Article 12 registers businesses outside Article 10 that still account for VAT, usually because they buy from or sell to another EU country.
Question 1
Where is the business established?
Establishment is decided by article 2(2) and 2(3) of the VAT Act, not by where the company is incorporated alone.
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The three triggers in article 12
- Intra-community acquisitions, article 12(1)
- A taxable person not registered under Article 10, or a non-taxable legal person, whose intra-community acquisitions of goods in Malta in the calendar year exceed the acquisitions threshold of €10,000 (Third Schedule, Part Three) must apply by the date of the acquisition that crosses it. Registration is effective from that date (article 12(5)).
- Services received under the reverse charge, article 12(3)
- A taxable person established in Malta and not under Article 10 who receives services on which they must pay the tax under article 20(2) must apply by the date the service is received. There is no threshold.
- Services supplied in another Member State, article 12(3a)
- The same person who supplies services in another Member State where VAT is payable solely by the recipient under Article 196 of Directive 2006/112/EC must apply by the date of the supply.
Article 12(2) also lets any such person register voluntarily at any time. Apply through the Commissioner's web portal under article 13(1). An Article 12 number carries the MT prefix (article 13(3)), so suppliers in other Member States can verify it. Source: Value Added Tax Act, Chapter 406, read 2 November 2026.
Article 12 beside Article 10 and Article 11
Article 12 is not a lighter Article 10. It exists so the business accounts for VAT on cross-border acquisitions and services. The right to charge VAT on domestic supplies comes with Article 10, triggered by supplies in Malta (article 10(1)).
An Article 11 small enterprise must hold an Article 12 registration alongside it when any trigger applies (article 11(10)); see the Article 11 guide.
Cancelling an Article 12 registration
- Registered on acquisitions: any time after the end of the calendar year after the year of registration, if acquisitions have not exceeded the threshold in the year of the application or the year before (article 12(6)).
- Registered voluntarily: after two consecutive calendar years following the year of registration, on the same threshold test (article 12(7)).
- Registered on services: any time you no longer receive, or no longer supply, the reverse-charge services that triggered it (articles 12(8) and 12(8a)).