The Commissioner for Revenue (‘CfR’) has notified the publication of the Guidelines on the Mandatory Automatic Exchange of Information in relation to Cross-Border Arrangements (‘Guidelines’). The Guidelines are issued in terms of Article 96(2) of the Income Tax Act (Chapter 123 of the Laws of Malta) and are to be read in conjunction with the Cooperation with Other Jurisdictions on Tax Matters Regulations (Subsidiary Legislation 123.127). Upon any review, the revised version of the Guidelines will also be published on the CfR website. Please click here to access the Guidelines.

The objective of DAC6 is to provide Member States’ tax authorities with additional information in order to assist them to ensure compliance with tax legislation and the eradication of harmful tax practices. Taxpayers and intermediaries entering into or advising on cross border arrangements involving EU jurisdictions must monitor where reporting is required and disclose accordingly. DAC6 was transposed into Maltese law by Legal Notice 342 of 2019 but the first DAC6 reporting deadlines were extended due to the COVID-19 pandemic by six months by virtue of Legal Notice 315 of 2020.