Malta: Inland Revenue department issues FATCA guidelines

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Malta: Inland Revenue department issues FATCA guidelines

vella.jpg

salomone.jpg

Donald Vella


Mark Galea Salomone

On December 16 2013 Malta and the US signed an agreement to improve international tax compliance and to implement the Foreign Account Tax Compliance Act (FATCA) provisions. The FATCA agreement was incorporated into Maltese law by virtue of Legal Notice 78 of 2014. The Maltese Inland Revenue Department recently issued guidelines for the implementation of the FATCA agreement and the FATCA regulations in Malta providing insight into what is expected of Malta financial institutions to comply with FATCA. The FATCA regulations provide that the FATCA agreement and the FATCA regulations are to be interpreted in accordance with the FATCA guidelines, unless it is clear that the context requires otherwise.

Registration

Malta financial institutions need to register with the Maltese Commissioner for Revenue for FATCA purposes even if they are non-reporting financial institutions. Each Malta financial institution is also required to register with the US IRS and obtain a Global Intermediary Identification Number (GIIN). The FATCA guidelines exclude non-reporting Malta financial institutions, deemed-compliant Malta financial institutions and active and passive non-financial foreign entities from registering with the IRS. In the case of a financial institution with a local client base that has a reporting obligation due to it holding US reportable accounts, a GIIN will be required.

Compliance and reporting

Once the requisite procedure and due diligence, as detailed in the FATCA regulations and FATCA guidelines, is carried out and a Malta financial institution has identified reportable accounts, it must report certain information to the Commissioner of Revenue (for instance: name, address, US tax information number and account balance). It is important to note that where a reporting financial institution has no information to report, a nil return is still required.

The FATCA guidelines state that significant non-compliance may be determined from either an IRS or the Commissioner for Revenue's perspective. Examples provided include: (i) repeated failure to file a return or repeated late filing; (ii) ongoing or repeated failure to register, supply accurate information or establish appropriate due diligence processes; (iii) intentional provision of substantially incorrect information; or (iv) deliberate or negligent omission of required information.

The FATCA guidelines do not provide a concrete definition of "transactions and schemes" carried out by persons to avoid the obligations placed upon them by the FATCA regulations. It is however intended that the phrase will be interpreted widely and the effect of the anti-avoidance regulation is that the FATCA regulations will apply as if the transactions and schemes had not been entered into.

Should a Malta financial institution fail to comply and report, the mechanics of FATCA will come into play and a 30% withholding tax imposed on the US source income will apply. The FATCA guideline has provided much needed context to the FATCA regulations as the Inland Revenue Department continues to encourage Malta financial institutions to comply with FATCA.

Donald Vella (donald.vella@camilleripreziosi.com) and Mark Galea Salomone (mark.galeasalomone@camilleripreziosi.com)

Camilleri Preziosi

Tel: +356 212 38989

Website: www.camilleripreziosi.com

more across site & shared bottom lb ros

More from across our site

However, women in tax face greater career obstacles than their male counterparts, an exclusive ITR survey of more than 100 women tax leaders revealed
Under Jeff Soar’s leadership, WTS UK aims to scale to 100 partners within five years and challenge the big four
As the firm embarks on a major shakeup of its EMEA partnerships, some staff will be watching nervously
The buyout of Hucke and Associates continues Ryan’s streak of firm acquisitions; in other news, a UK appeal against VAT on private school fees was dismissed
Tax teams are responding to usual client demand in the region, albeit with increased working from home flexibility, local sources indicate
A 120-plus-day delay to refunds would cost taxpayers almost $3bn in additional interest, the Cato Institute warned; plus indirect tax updates from February
The Office for Budget Responsibility’s pessimistic pillar two forecast accompanied the UK chancellor’s muted Spring Statement, dubbed ‘as dull as possible’ by one adviser
Digital tax reform is dissolving the old ‘temporal buffer’, forcing systems, institutions, and professionals to adapt as real-time reporting reshapes governance, capability, and compliance
Our first instalment features analysis of Deloitte’s landmark EMEA merger, Donald Trump’s Supreme Court tariff showdown and Venezuela’s tax evolution
While some believe it could have a positive effect on the wider advisory landscape, others argue that HMRC’s ‘red tape’ exercise won’t deter bad actors
Gift this article