• Details
  • Service: Tax
    Type: KPMG information, Regulatory update
    Date: 11/28/2011

    VAT Amnesty Scheme - Remission of interest and penalties 

    As announced last week by the Minister of Finance during the Budget Speech, and as enacted by virtue of Legal Notice 456 of 2011, a temporary VAT amnesty scheme is being launched with the aim of incentivising VAT registered taxpayers to regularise their position with the VAT Department in relation to any VAT arrears.
    The remission of interest and penalties applies separately to pending returns and balances under the first VAT system (the VAT Act of 1994), the former Customs and Excise Tax (CET) system, and the current VAT system.

     

    The scheme is applicable to VAT registered persons who would have failed to file VAT returns falling due up to 15 October 2011 and/or who owe VAT arrears.

     

    Persons registered under Article 10

     

    A person registered under Article 10 would be entitled to avail himself of the scheme if he:

     

    • owes arrears in respect of period(s) in respect of which the VAT return was due no later than 15 October 2011

    • has submitted all VAT returns which were due by 15 October 2011 by not later than 15 January 2012;

    • duly submits all VAT returns falling due on 15 November 2011 and on subsequent VAT return due dates together with payment in full (if applicable);

    • withdraws any VAT appeal by 15 January 2012; and

    • pays the arrears (net of remission) by following any of the programmes indicated below:

     

     

    Payment options

    Corresponding remission

    Amount paid in full by 15/03/2012

    80% reduction in interest and penalties

    30% of the amount paid by 15/03/2012 and the remaining amount paid by 15/05/2012 in equal monthly instalments

    70% reduction in interest and penalties

    30% of the amount paid by 15/03/2012 and the remaining amount paid by 15/08/2012 in equal monthly instalments

    60% reduction in interest and penalties

    30% of the amount paid by 15/03/2012 and the remaining amount paid by 15/02/2013 in equal monthly instalments

    50% reduction in interest and penalties

     

    The percentage remission as set out above is calculated on the amount of interest and administrative penalties due.  However, where the remaining balance due for a particular period is less than the total interest and administrative penalties for that period, the percentage remission is computed on the amount of the remaining balance due.

     

    Persons registered under Article 11 or 12

     

    A person registered under Article 11 or Article 12 who has failed to submit a required VAT declaration is entitled to a reduction of the associated administrative penalty to €10 in respect of each default as long as he:

     

    • submits all pending declarations; and

    • pays the amount of the reduced penalty,

    by 15 January 2012.

     

    The remission of interest and administrative penalties will not take effect before the VAT taxpayer effects the final payment as scheduled. It is also pertinent to note that where a person has benefitted from a remittance of interest under this scheme, in the case of a future VAT refund which becomes due to that person within 6 years from the remission, the VAT Department reserves the right to deduct the amount of the interest previously remitted in terms of the scheme from any interest due by the Department on the VAT refund.   

     

    If you would like to know more about this scheme and how your business can best avail itself of it, or indeed to discuss any other VAT matter, please get in touch with Tony Pace or Chris Borg, your local indirect tax contacts, on vat@kpmg.com.mt