At a glance
#Dates are for an example year end of Dec 31, 2025. Where local law moves a deadline on a weekend or national public holiday to the next working day, the date shown is already moved. Use the Deadlines tool for your own year end and thresholds.
Verified 2026-10-27. Tax authority: Malta Tax and Customs Administration (MTCA), Commissioner for Tax and Customs. Summaries are simplified; check the linked official source before relying on them.
The law
#Article 51A of the Income Tax Act (Cap. 123) lets the Finance Minister make transfer pricing rules. The Transfer Pricing Rules are S.L. 123.207 (Legal Notice 284 of 2022, amended by Legal Notice 9 of 2024). They apply to basis years starting on or after 1 January 2024 for arrangements entered into on or after that date, or materially altered on or after it. Older arrangements that are not materially altered come in for basis years starting on or after 1 January 2027 (rule 1(2)). Rule 3 replaces the actual amount with the arm's length amount when computing the total income of a company, and rule 4 defines it as what independent parties would have agreed in comparable circumstances. The rules cover cross-border arrangements between associated enterprises (more than 75% ownership or control, 50% inside an MNE group). Micro, small and medium-sized enterprises under EU Regulation 651/2014 are not companies for these rules. They also do not apply to securitisations, or where cross-border revenue items do not exceed EUR 6m and capital items do not exceed EUR 20m in the year before the year of assessment (rule 9). Parties can still ask the Commissioner for a determination that the rules apply.
Documentation
#Rule 6 says a company must prepare, on a timely basis, and keep the records needed to show its total income follows the rules. The Commissioner's Guidelines (19 January 2024, under article 96(2) of the Income Tax Act) say these records are a Master File (OECD Chapter V, Annex I) and a Local File (Annex II). They count as books and records under article 19(1) of the Income Tax Management Act, which must be kept for at least nine years (article 19(5)). Nothing is filed with the return. The files are given to the MTCA on request, in English or Maltese. These details of the Guidelines come from law firm summaries, because the MTCA PDF could not be read. There is no annual transfer pricing return or form.
Methods
#Rule 5 says the arm's length amount is found with the methods the Commissioner designates in guidelines. Secondary summaries of the Guidelines say the OECD Chapter II methods are preferred, other methods can be accepted where better suited, and a simplified approach is allowed for low value-adding intra-group services. Rule 11 allows a unilateral transfer pricing ruling (fee EUR 3,000, binding up to five years, renewal EUR 1,000). Rule 12 allows bilateral and multilateral APAs (fee EUR 5,000, up to five years, renewal EUR 2,000), and either can cover up to three earlier years.
Penalties
#The Transfer Pricing Rules have no penalty of their own. The general rules of the Income Tax Management Act apply: failing to follow a notice or request is a fine of EUR 23 to EUR 10,000 plus up to EUR 200 a day after conviction (article 50), and a wrong or missing return is a fine of EUR 58 to EUR 465 plus double the tax undercharged (article 51). Wilful evasion is article 52. A CbC report filed late carries EUR 200 plus EUR 100 a day, up to EUR 20,000 (regulation 48 of S.L. 123.127). Late Pillar Two filings are in S.L. 123.212 regulation 7.
Pillar Two
#Malta transposed the EU Minimum Tax Directive by S.L. 123.212 (Legal Notice 32 of 2024, amended by Legal Notices 130 of 2024 and 48 of 2026), in force for fiscal years beginning on or after 31 December 2023. Malta used the article 50(1) election, so for up to six fiscal years the regulations contain only Chapters I, VIII, IX and X of the Directive. The IIR and UTPR are not applied (the UTPR percentage for Malta is set to zero) and there is no domestic top-up tax. What applies is administration: the top-up tax information return (GIR), or a notice of who files it, due 15 months after the fiscal year end (18 months for the transition year). A Maltese ultimate parent must name a designated filing entity in another Member State that has not deferred, or in a qualifying third country, and its Maltese entities are then excused from filing and from the notification (regulation 11, as amended in 2026). The Budget 2027 speech (26 October 2026) followed press reports that the government plans a 15% domestic tax on large foreign-owned groups, but no law or legal notice for a domestic top-up tax has been published, so no deadline is shown for it.
Other rules
#Companies pay 35% on chargeable income for each year of assessment, on the accounts of the financial year ending in the year before. The CIT return and self-assessment are due 9 months after year end, or 31 March of the year of assessment if later (S.L. 372.16 rule 2(c)(i)). Tax is due on the same date. Under article 29A(2) of the Income Tax Management Act a date that falls on a Saturday or a public holiday moves to the next working day that is not a Saturday, and Sundays are public holidays (Cap. 252 article 5(1)), so the CIT return date rolls forward. That article covers only dates set by the Income Tax Management Act, so CbC and Pillar Two dates (set by regulations under the Income Tax Act) are not moved here. The MTCA usually extends only the web (electronic) filing date. CbC reports (S.L. 123.127 regulation 13) are due 12 months after year end for groups with revenue of EUR 750m or more.
Filings and deadlines
#| # | Filing | When | Who | Source |
|---|---|---|---|---|
| 1 | CbC notification to the Commissioner Each Maltese entity says whether it is the ultimate or surrogate parent, or names the reporting entity and its residence. Regulation 48(4) and (5) of S.L. 123.127 set the deadline as the last day for filing the entity's tax return for the preceding fiscal year, so this entry uses that earlier date (9 months after the prior year end, or 31 March). Counted from the Maltese entity's own year end. Not moved for weekends or holidays, because article 29A(2) ITMA covers only dates set by that Act. Late: EUR 200 plus EUR 50 a day, up to EUR 5,000. | 3 months before year end (e.g. Sep 30, 2025) | Maltese constituent entities of MNE groups with consolidated revenue of at least EUR 750m in the year before the reporting year. | S.L. 123.127 Annex III Section II items 3 and 4, and regulation 48(4) and (5) |
| 2 | Company income tax return and self-assessment Due 9 months after year end, or 31 March of the year of assessment if that is later (S.L. 372.16 rule 2(c)(i)), so January to June year ends are due 31 March of the next year. Tax is due on the same date (rule 5(b)). The MTCA extends web filing only, not manual returns or payment: for 2025 year ends to 31 July 2026 (January to August), 31 August 2026 (September), 30 September 2026 (October), 30 October 2026 (November) and 27 November 2026 (December); for 2024 year ends December was 28 November 2025. Article 29A(2) ITMA moves a date on a Saturday, Sunday or public holiday to the next working day, so 31 March (Freedom Day) becomes 1 April, but the MTCA tables still print 31 March, so filing by 31 March is safer. No extension has been published yet for 2026 year ends. | Extended: MTCA concession for web (electronic) submission only; manual returns and all tax payments keep the legal date (e.g. Nov 27, 2026); original due date Sep 30, 2026 | All companies within the charge to Maltese income tax. Returns are filed online by a registered tax practitioner. | MTCA: Income Tax (company return cycle and e-filing extension table) and S.L. 372.16 rule 2 |
| 3 | Country-by-Country report Filed with the Commissioner within 12 months of the last day of the group's fiscal year (regulation 13(4) and (6) of S.L. 123.127). Late: EUR 200 plus EUR 100 a day, up to EUR 20,000. Incomplete or wrong: EUR 200 plus EUR 50 a day up to EUR 5,000 for minor errors, EUR 50,000 for significant non-compliance (regulation 48). Records must be kept for five years. | 12 months after year end (e.g. Dec 31, 2026) | Ultimate parent entity resident in Malta, or another reporting entity under Annex III Section II (for example a Maltese entity when the parent's country does not require or exchange CbC reports), of a group with revenue of at least EUR 750m in the previous year. | S.L. 123.127 regulation 13 and Annex III |
| 4 | Notification of the filing entity When the GIR is filed abroad, the Maltese entity (or its designated local entity) tells the Commissioner who files it and where, within 12 months of the fiscal year end (regulation 5(4) and 5(7)(b) of S.L. 123.212). The transition year gets 18 months (regulation 12). Legal Notice 48 of 2026 removed this notification for Maltese entities covered by regulation 11(2), the entities of a group with a Maltese ultimate parent. Late: EUR 200 plus EUR 50 a day, up to EUR 5,000. | 12 months after year end (e.g. Dec 31, 2026) | Constituent entities located in Malta of MNE groups or large-scale domestic groups with consolidated revenue of at least EUR 750m in at least two of the four fiscal years before the tested year. | S.L. 123.212 regulations 5, 7 and 11 (as amended by L.N. 48 of 2026) |
| 5 | Notice of the initial phase of international activity The Maltese designated filing entity tells the Commissioner when the group starts the initial phase, within 12 months of the end of the reporting fiscal year (regulation 10(5) of S.L. 123.212). The 18-month transition rule in regulation 12 does not name this notice. Late: EUR 200 plus EUR 50 a day, up to EUR 5,000. | 12 months after year end (e.g. Dec 31, 2026) | Groups with a Maltese designated filing entity that are in the initial phase of international activity (constituent entities in no more than six jurisdictions and EUR 50m or less of tangible assets outside the reference jurisdiction). | S.L. 123.212 regulations 7 and 10 |
| 6 | Top-up tax information return (GIR) Filed with the Commissioner on the form he requires, within 15 months of the reporting fiscal year end (regulation 5(7)(a) of S.L. 123.212), or 18 months for the transition year (regulation 12). The first-year period is tied to the group's own first in-scope year in Malta, and this tool shows it for year ends up to 30 December 2025. A Maltese entity need not file if the ultimate parent or a designated filing entity files in a country with a qualifying competent authority agreement. Entities of a group with a Maltese parent are excused from filing locally because the parent names a filing entity abroad (regulation 11(2)). Late: EUR 200 plus EUR 100 a day, up to EUR 20,000. Wrong or incomplete: EUR 200 plus EUR 50 a day, up to EUR 5,000. | 15 months after year end (e.g. Mar 31, 2027) | Constituent entities located in Malta of MNE groups or large-scale domestic groups with consolidated revenue of at least EUR 750m in at least two of the four fiscal years before the tested year. | S.L. 123.212 regulations 5, 7, 11 and 12 |
| 7 | Master File (Transfer Pricing Rules, rule 6 and MTCA Guidelines) Rule 6 says records are prepared on a timely basis and kept. No day count or fixed date is set in the rules. The Guidelines (per law firm summaries) say the Master File follows OECD Annex I, is kept and not filed, and is given to the MTCA on request in English or Maltese. Keep it for at least nine years (article 19(5) ITMA). | See note | Companies with cross-border arrangements with associated enterprises, unless they are micro, small or medium-sized, or revenue items stay at or below EUR 6m and capital items at or below EUR 20m a year. The tool tests only the EUR 6m revenue limb. | S.L. 123.207 Transfer Pricing Rules, rules 6 and 9 |
| 8 | Local File (Transfer Pricing Rules, rule 6 and MTCA Guidelines) Prepared on a timely basis and kept (rule 6). The Guidelines (per law firm summaries) say the Local File follows OECD Annex II and is given to the MTCA on request in English or Maltese. There is no annual TP return, and no TP-specific penalty in the rules. | See note | Same scope as the Master File: cross-border arrangements with associated enterprises above EUR 6m of revenue items or EUR 20m of capital items, and not a micro, small or medium-sized enterprise. | S.L. 123.207 Transfer Pricing Rules, rules 6 and 9 |
Official texts
#- Income Tax Act (Cap. 123), article 51A (Not confirmed: Copyright Act (Cap. 415) article 2 excludes written law from 'literary work' but saves article 12 of the Statute Law Revision Act 1980 (Act IX of 1980), whose text could not be retrieved, and legislation.mt claims copyright for the Office of the State Advocate with no reuse terms)
- Transfer Pricing Rules (S.L. 123.207) (Not confirmed (same position as above))
- Cooperation with Other Jurisdictions on Tax Matters Regulations (S.L. 123.127), regulation 13 and Annex III (CbC) (Not confirmed (same position as above))
- EU Global Minimum Level of Taxation Regulations (S.L. 123.212) (Not confirmed (same position as above))
- Income Tax Management Act (Cap. 372) and Income Tax (Statutory Dates) Rules (S.L. 372.16) (Not confirmed (same position as above))