Cap. 406
VAT law in Malta: the VAT Act, Chapter 406
Updated
Every rule on this site comes from one statute. Knowing where a rule sits in it is the quickest way to check any VAT answer, ours included.
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 VAT Act Malta runs on
VAT in Malta is charged under the Value Added Tax Act, Chapter 406, Act XXIII of 1998. It has been in force since 1 January 1999, replacing the excise tax system on imports, products and services.
The consolidated text we read on 2 November 2026 was published on 1 October 2026. It carries the amendments up to Act III of 2026 and Legal Notices 75 and 86 of 2026.
How the Act is arranged
| Part | Subject | Articles |
|---|---|---|
| I | Preliminary | 1 to 3 |
| II | Scope of the tax | 4 to 9 |
| III | Registration and tax period | 10 to 17 |
| IV | Determination and payment of the tax | 18 to 26 |
| V | Returns, assessments, penalties and appeals | 27 to 47 |
| VI | Records and information | 48 to 56 |
| VII | Special cases | 57 |
| VIII | Collection, security and refunds | 58 to 71 |
| IX | Miscellaneous | 72 to 75 |
| X | Offences and punishments | 76 to 84 |
| XI | Transitional provisions | 85 and 86 |
Where the rules most businesses need sit
- Registration
- Part III: Article 10 full registration, Article 11 the small-enterprise scheme, Article 11A and 11B for cross-border small enterprises, Article 12 for intra-community acquisitions and reverse-charge services, and article 13 on the online application and the MT prefix.
- Rates
- Article 19 sets the 18% standard rate; the Eighth Schedule lists the 12%, 7% and 5% supplies.
- Exemptions
- The Fifth Schedule: Part One exempt with credit, Part Two exempt without credit.
- Small enterprises
- The Sixth Schedule, including the €35,000 domestic threshold and the annual declaration.
The Act is amended several times a year by Act and by Legal Notice, and the Schedules move most. Check the consolidated text and its timeline on legislation.mt before relying on any single item.