The Maltese tax authorities have introduced amendments to the Capital Gains Rules (LN 156 of 2026) and the Duty on Documents and Transfers Rules (LN 158 of 2026). These changes affect certain transfers of shares and transfers of value involving companies.
New Documentation Requirement
Under the amended rules, taxpayers may need to submit a site plan issued by the Land Registry and signed and stamped by a warranted Perit (architect) to the Commissioner for Tax and Customs (CfTC) for valuation purposes.
Purpose of the Amendments
The tax authorities introduced these amendments to support the valuation of companies that hold immovable property. The new requirement also provides additional information when the authorities assess relevant transactions.
Where a company's value depends on immovable property, the site plan helps identify and verify the relevant asset.
Impact on Taxpayers
Taxpayers involved in transactions concerning property-holding companies should assess whether the new requirements apply to their circumstances.
The amendments may create additional compliance obligations. They may also affect transaction timelines, as taxpayers may need extra time to obtain Land Registry documentation and Perit certification.
Key Takeaway
Individuals and businesses should prepare the required documentation in advance to avoid delays and facilitate compliance with the amended rules.
Taxpayers should seek professional advice where necessary to determine whether the requirements apply to a specific transaction.
For more information, visit GCS Malta’s Tax Compliance and Advisory Services page or contact us at tax@gcsmalta.com
