Malta releases updated guidelines for the implementation of DAC2 and CRS and new FATCA guideline

On 27 February 2019, Malta released version 2.0 of the “Guidelines for the implementation of the mandatory automatic exchange of information in the field of taxation (“DAC2”) in Malta and the Common Reporting Standard (“CRS”)” (“Guidelines”) (Link). According to the Guidelines:

“The DAC2 and CRS have been implemented into Maltese legislation by virtue of LN 384 of 2015 entitled the Cooperation with Other Jurisdiction on Tax Matters (Amendment) Regulations, 2015, which regulations amend the Cooperation with Other Jurisdiction on Tax Matters Regulations with effect from 1st January 2016. In line with regulation 45 of the afore-mentioned regulations, the DAC2 and CRS will be implemented uniformly into Maltese legislation.”

In addition, on 27 February 2019, the Commissioner for Revenue of Malta published version 4.0 of the “Guidelines for the implementation of the Foreign Account Tax Compliance Act (“FATCA”) Agreement and the FATCA Regulations in Malta issued in terms of Article 96(2) of the Income Tax Act (Chapter 123 of the Laws of Malta)” (“Guidelines”) (Link).​ This amendment brings the changes pertaining to the completion of data elements for recalcitrant account holders into force.

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