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ARTICLE · 24 NOVEMBER 2022

Malta Publishes Transfer Pricing Rules

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On 18 November 2022 Malta published subsidiary legislation implementing Transfer Pricing Rules into Malta's tax system ("Rules").

MaltaTax

On 18 November 2022 Malta published subsidiary legislation implementing Transfer Pricing Rules into Malta's tax system ("Rules"). The Rules will apply on all transactions (referred to as “arrangements”) which are entered into on or after 1st of January 2024 as well as pre-existing transactions which are “materially” altered on or after that date. The Transfer Pricing Rules will apply when determining the tax base of a company derived from “cross-border arrangement” between “associated enterprises” having directly or indirectly more than 75% in the participating rights. With respect to constituent entities of a MNE group the percentage participation shall be 50%.

SMEs as defined in the State Aid Rules fall outside the scope of these rules.

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