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Malta has strengthened its tax transparency framework through Legal Notice 162 of 2026, the Cooperation with Other Jurisdictions on Tax Matters (Amendment) Regulations, 2026. The amendments transpose Council Directive (EU) 2023/2226, commonly referred to as DAC8, into Maltese law and introduce new reporting obligations relating to crypto-assets.
The regulations form part of the European Union’s ongoing efforts to enhance administrative cooperation between tax authorities and address emerging risks associated with digital assets and cross-border tax planning. The amendments entered into force on 1 January 2026 and expand the scope of information exchanged automatically between tax authorities across EU Member States.
Key Changes Introduced by DAC8
Crypto-Asset Reporting Framework
The most significant development is the introduction of a dedicated reporting regime for crypto-assets. Under the new rules, Crypto-Asset Service Providers (CASPs) and Crypto-Asset Operators (CAOs) are required to conduct due diligence procedures on their customers and submit annual reports to the competent authorities regarding reportable crypto-asset transactions.
The framework is closely aligned with the OECD’s Crypto-Asset Reporting Framework (CARF) and seeks to ensure that crypto-assets are subject to the same level of tax transparency as traditional financial assets. Tax authorities will therefore gain greater visibility over cross-border crypto transactions, enhancing transparency and supporting greater tax compliance across the EU.
Expanded Automatic Exchange of Information
Legal Notice 162 of 2026 also broadens the scope of the automatic exchange of information between tax authorities. The amendments update existing rules governing advance cross-border tax rulings and advance pricing arrangements, ensuring greater consistency in the sharing of information among Member States.
The enhanced exchange mechanisms are designed to provide tax administrations with more comprehensive information regarding cross-border structures and arrangements that may have tax implications in multiple jurisdictions.
Enhanced Confidentiality and Professional Privilege Provisions
The amendments introduce further safeguards regarding confidentiality and the handling of sensitive taxpayer information. Clarifications have been made concerning legal professional privilege and the circumstances in which information may be disclosed. Additional measures have also been introduced to address unauthorised disclosure of protected information.
These changes seek to balance the increased exchange of tax information with appropriate protections for taxpayers and professional advisers.
What This Means for Businesses
Businesses operating within the digital asset sector should assess whether they fall within the scope of the new reporting framework and evaluate whether their existing customer due diligence, record-keeping and reporting processes are sufficient to meet the enhanced requirements. Organisations engaged in cross-border activities may also wish to review their governance and compliance frameworks in light of the broader changes introduced by DAC8 and the continued expansion of information exchange mechanisms across the European Union.
To Sum Up
The implementation of DAC8 demonstrates the EU’s continued commitment to strengthening tax transparency in an increasingly digital economy. As crypto-assets become more integrated into global financial markets, regulators and tax authorities are seeking to close information gaps and establish consistent reporting standards across jurisdictions.
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