How a person established in Malta accounts for VAT under the reverse charge on services bought from suppliers not established in Malta, in the EU or outside it: place of supply, who is liable (Article 10, 11 and 12 registrants and VAT-identified non-taxable legal persons), Article 12 registration, rate, value and timing, the return or notice of payment, the input tax right, penalties and records, from the VAT Act (Cap. 406).
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| Customer established in Malta | General-rule B2B service (art. 20(2)(b)) | Other services taxed in Malta (art. 20(2)(c)) | How the VAT is paid | Deduction |
|---|---|---|---|---|
| Article 10 registrant | Liable | Liable | Output tax on the periodic return (art. 22(1)); paid with the return (art. 21(1)) | Yes, to the extent the service is used for supplies that give credit |
| Article 11 small enterprise | Liable, and must also register under Article 12 (art. 11(10)(b)) | Liable once registered under Article 12 | Under art. 21(3), with a notice of payment (art. 30A) | No. It still charges no VAT on its own sales |
| Article 12 registrant (not Article 10) | Liable | Liable | Under art. 21(3), with a notice of payment (art. 30A) | No |
| Taxable person not registered at all (for example a business making only exempt-without-credit supplies) | Liable, and must register under Article 12 by the date it receives the service (art. 12(3)) | Refer | Under art. 21(3) once registered | No |
| Non-taxable legal person identified for VAT (for example a body registered under Article 12 for acquisitions) | Liable: it is treated as a taxable person for place of supply (Third Schedule Part Two item 1(b)) | Liable | Under art. 21(3), with a notice of payment (art. 30A) | No |
| Non-taxable legal person not identified for VAT, or a private individual | Not liable: the service is supplied where the supplier is established (item 2(b)) | Refer | Nothing in Malta under this skill | No |
This skill covers one situation: a person established in Malta buys a service from a supplier that is not established in Malta, and the supplier does not charge Maltese VAT. Maltese law then makes the customer, not the supplier, liable for the Maltese VAT. This is the "reverse charge". It applies to suppliers in other EU Member States and to suppliers outside the EU alike.
It covers:
Figures are for tax year 2026. VAT is charged per transaction and per tax period, so "tax year 2026" means services whose VAT becomes chargeable in calendar 2026. The law is the VAT Act, Chapter 406 of the Laws of Malta, as consolidated on 27 March 2026 (in force on 25 September 2026): VAT Act, Cap. 406. Interest is set by S.L. 406.19. A short section near the end covers 2025 periods still being filed.
The authority is the Malta Tax and Customs Administration (MTCA). This skill does not give box numbers for the Article 10 return or the Article 12 notice of payment: they appear only on MTCA's forms. Take them from the live form (check).
Companion Skills: general return preparation (rates on sales, blocked input tax in full, capital goods, recapitulative statements, OSS, late-return penalties) is in the Malta VAT returns Guide (malta-vat-return) and the quarterly return Guide (mt-vat3-quarterly-return-malta). This skill follows the same reading of the Act and stays on the reverse charge.
Not covered: goods (intra-EU acquisitions, imports, distance sales), services a Malta business supplies to customers abroad, and purchases by private individuals.
The supplier must not be established in Malta and must not be registered under Article 10. The customer must be established in Malta.
| Customer established in Malta | General-rule B2B service (art. 20(2)(b)) | Other services taxed in Malta (art. 20(2)(c)) | How the VAT is paid | Deduction |
|---|---|---|---|---|
| Article 10 registrant | Liable | Liable | Output tax on the periodic return (art. 22(1)); paid with the return (art. 21(1)) | Yes, to the extent the service is used for supplies that give credit |
| Article 11 small enterprise | Liable, and must also register under Article 12 (art. 11(10)(b)) | Liable once registered under Article 12 | Under art. 21(3), with a notice of payment (art. 30A) | No. It still charges no VAT on its own sales |
| Article 12 registrant (not Article 10) | Liable | Liable | Under art. 21(3), with a notice of payment (art. 30A) | No |
| Taxable person not registered at all (for example a business making only exempt-without-credit supplies) | Liable, and must register under Article 12 by the date it receives the service (art. 12(3)) | Refer | Under art. 21(3) once registered | No |
| Non-taxable legal person identified for VAT (for example a body registered under Article 12 for acquisitions) | Liable: it is treated as a taxable person for place of supply (Third Schedule Part Two item 1(b)) | Liable | Under art. 21(3), with a notice of payment (art. 30A) | No |
| Non-taxable legal person not identified for VAT, or a private individual | Not liable: the service is supplied where the supplier is established (item 2(b)) | Refer | Nothing in Malta under this skill | No |
Two definitions widen the net (Act, Third Schedule Part Two item 1):
"Established" follows art. 2(2): a taxable person is established where it has established its economic activity or has a fixed place of establishment from which it carries on that activity; an individual with neither is established where he has a permanent address or usually resides (Act, art. 2(2)).
The customer charges itself the Maltese VAT that would apply if the same service were supplied in Malta. Rates for 2026:
| Rate | Where it comes from | Examples of services |
|---|---|---|
| 18% | Standard rate: "eighteen per cent of the taxable value of the supply" (art. 19(1)) | Most business services: consultancy, legal, accounting, software, advertising, hosting |
| 12% | Eighth Schedule | "Custody and management of securities", credit management by a person other than the grantor |
| 7% | Eighth Schedule | "Use of sporting facilities"; accommodation in licensed premises |
| 5% | Eighth Schedule | "The supply of electricity"; listed minor repairs |
| No VAT | Fifth Schedule (exempt with credit or exempt without credit) | No reverse charge: an exempt supply is not a "taxable supply" (art. 2) |
Most services bought from abroad by a business fall under the 18% rate. Check the Eighth Schedule item before using a reduced rate; the skill on Malta VAT returns has the fuller rate table.
Taxable value. The value is "the total value of the consideration paid or payable to the supplier ... but excluding the value added tax chargeable under this Act" (Act, Seventh Schedule item 1). It includes other taxes and incidental expenses such as commissions charged by the supplier (item 2) and excludes early-payment discounts and rebates allowed at the time the tax becomes chargeable (item 3). Because the invoice carries no Maltese VAT, the invoiced net amount is normally the value. Foreign VAT wrongly charged is not part of the Maltese value and is not Maltese input tax: ask the supplier for a corrected invoice.
Foreign currency. Convert at "the latest selling rate recorded, at the time the tax becomes chargeable, applied by commercial banks in Malta", or at the latest European Central Bank rate at that time (Act, Seventh Schedule item 8).
For an Article 10 person, the date fixes which return the VAT goes on. For everyone else it fixes the art. 21(3) payment date together with the invoice date (see "Filing and payment").
| Situation | Treatment |
|---|---|
| Supplier established abroad, no Malta establishment, not registered under Article 10; general-rule service to Malta business | Reverse charge under art. 20(2)(b) |
| Supplier established outside the EU (for example the US or the UK) | Same as an EU supplier: the test is "not established in Malta" (art. 20(2)) |
| Supplier has a Malta fixed establishment that did not intervene in the supply | Supplier treated as not established; reverse charge applies (art. 20(2) proviso) |
| Supplier's Malta establishment made the supply, or supplier established in Malta | No reverse charge; supplier charges Maltese VAT |
| Foreign supplier registered in Malta under Article 10 | Art. 20(2) as written does not apply, so the supplier should charge Maltese VAT. Refer if the invoice shows no VAT |
| Service received by the customer's fixed establishment abroad | Supplied where that establishment is (item 2(a)); not a Malta supply |
| Service would be exempt if supplied in Malta (for example insurance, most financial services) | Not a taxable supply; no reverse charge (art. 2, Fifth Schedule) |
| Service connected with land outside Malta, hotel abroad, meals abroad, event admission abroad | Supplied abroad (items 4, 6(1), 7); foreign VAT is not Maltese input tax |
| Service connected with land in Malta, from a supplier not established here | Taxed in Malta; customer liable under art. 20(2)(c) only if registered under Article 10 or 12 or a VAT-identified non-taxable legal person. Refer |
| Short-term hire of a car put at the customer's disposal abroad | Supplied abroad (item 8(1)) |
| Article 11 person buys a general-rule service | Liable; must also register under Article 12 (art. 11(10)(b)); pays, cannot deduct |
| Business making only exempt-without-credit supplies, not registered | Liable; must register under Article 12 by the date of the service (art. 12(3)); pays, cannot deduct |
| Non-taxable legal person not identified for VAT | Treated as a non-taxable person; supplier's place applies (item 2(b)); no Malta reverse charge |
| Taxable person with some non-business activity | Treated as taxable for all services received (item 1(a)); reverse charge applies |
| Invoice shows foreign VAT on a general-rule service | Supplier has not applied the reverse charge. The foreign VAT is not Maltese input tax. Ask for a corrected invoice, and account for the Maltese VAT in any case |
| Continuous service, no invoices or payments for over a year | Chargeable at the end of each calendar year (Fourth Schedule item 2(3)) |
All cases use the VAT Act as in force in 2026. Amounts are hypothetical.
Case 1: Article 10 company buys consultancy from Germany. A Malta company registered under Article 10 makes only taxable sales. Its tax period is January to March 2026. A German consultancy with no Malta establishment performs work in March and invoices €4,000 on 20 March 2026, with no VAT and the words "Reverse charge". Place of supply is Malta (Third Schedule Part Two item 2(a)); the company is liable (art. 20(2)(b)). Output tax: €4,000 at 18% = €720, on the January to March return. Input tax: €720, on the same return. Net payable on this purchase: nil. The return is due by 15 May 2026, the fifteenth day of the second month after March (art. 27(1)).
Case 2: Article 11 designer buys a software subscription from the US. A graphic designer registered under Article 11 buys a software subscription from a US company with no Malta establishment. The supplier invoices €600 on 5 February 2026, with no VAT. The designer is a taxable person receiving a general-rule service, so it is liable (art. 20(2)(b)) and must also register under Article 12 (art. 11(10)(b)), applying by 5 February 2026, the date it receives the service (art. 12(3)). VAT: €600 at 18% = €108, payable by 15 April 2026 (the fifteenth day of the second month after February, art. 21(3)), with a notice of payment (art. 30A). It cannot deduct the €108, and it still charges no VAT on its own sales.
Case 3: exempt insurer buys IT consultancy from the UK. A Malta insurance company makes only exempt-without-credit supplies and is not registered under Article 10. A UK consultancy with no Malta establishment invoices €10,000 on 12 June 2026 for IT work, no VAT. The insurer is a taxable person, so it is liable (art. 20(2)(b)) and must register under Article 12 by 12 June 2026 (art. 12(3)). VAT: €10,000 at 18% = €1,800, payable by 15 August 2026 (art. 21(3)). No deduction: the €1,800 is a cost.
Case 4: late Article 12 registration, payment and notice. An Article 11 person receives a general-rule service from a French supplier on 10 January 2026 and is invoiced €2,000 that day, no VAT. It should have applied for Article 12 by 10 January 2026. It applies on 20 April 2026 and pays the VAT the same day with the notice of payment.
Case 5: hotel in Italy for staff. An Article 10 company pays an Italian hotel for staff accommodation during a trade fair in Milan. The hotel charges Italian VAT. Accommodation is a service connected with immovable property and is supplied where the property is (Third Schedule Part Two item 4). There is no Maltese VAT, no reverse charge, and the Italian VAT is not Maltese input tax. Any recovery goes through Italy's refund procedure.
Case 6: German supplier charges German VAT by mistake. An Article 10 company receives a general-rule marketing service from a German agency, which charges German VAT. The place of supply is still Malta and the company is still liable for the Maltese VAT (art. 20(2)(b)). It accounts for the Maltese VAT on the net fee as output and input tax, and asks the supplier to credit the German VAT. The German VAT is not Maltese input tax.
| Who | What to file | When | Payment |
|---|---|---|---|
| Article 10 | The periodic tax return, with the reverse-charged VAT as output tax and, where deductible, as input tax | By the fifteenth day of the second month after the month in which the tax period ends (art. 27(1)) | Net amount by the same date (art. 21(1)) |
| Article 12, including an Article 11 person also registered under Article 12, and a VAT-identified non-taxable legal person | A notice of payment for purchases where the customer is liable under art. 20(2)(b) and (c) (art. 30A, art. 21(5)) | With the payment | By the fifteenth day of the second month after the invoice date or the month the service is received, whichever is earlier (art. 21(3)) |
| Default | Penalty |
|---|---|
| Late application for Article 12 registration (art. 39(2)) | The higher of 1% of the VAT on the services received and €20, for every month or part month from the date the application was due until it is made or the Commissioner registers the person. Cap: €250 where that VAT is €2,000 or less; 20% of that VAT where it is more than €2,000 |
| Late notice of payment under art. 30A (art. 38(2)(a)) | €10 for every month or part month, maximum €120 per notice |
| Notice of payment by an Article 12 person understates the tax payable under art. 21(2) or (3), or the Commissioner assesses that person's tax under art. 33(2) (art. 37A) | 20% of the understated tax or the assessed tax |
| Article 10 return understates output tax or overstates deductions (art. 37(1)) | 20% of the understatement or overstatement; 10% if corrected under art. 28(1) before a provisional assessment (art. 37(2)) |
For a fully taxable Article 10 business, leaving out a reverse charge often has no net tax effect, but the output tax is still understated. Because deduction depends on declaring the tax (Tenth Schedule item 2(2)(b)), correct both sides together.
A person registered under Article 12 because it receives reverse-charged services may apply to cancel at any time once it no longer receives such services (art. 12(8)). The cancellation takes effect on 1 January of the year in which the application is made (art. 12(10)(b)). If the person later registers under Article 10, the Commissioner cancels the Article 12 registration from the effective date of the Article 10 registration (art. 12(10)(a)). Where the Article 12 registration also rests on intra-EU acquisitions or on services supplied abroad, the cancellation rules for those grounds apply as well.
The Act as in force from 1 January 2025 (VAT Act as at 1 January 2025) already contained the same rules used above: Article 12 registration by the date a reverse-charged service is received (art. 12(3)), payment by the fifteenth day of the second month after the invoice date or month of receipt, whichever is earlier (art. 21(3)), the notice of payment (art. 30A), and the 18% standard rate. So:
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