ARTICLE
16 October 2024

Amendments To The Income Tax Deduction Rules 2024

PS
Papilio Services Limited

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Papilio Services Limited, established in 2012, is based in Malta with sister companies in the Netherlands and the Czech Republic. The firm boasts a multinational team and a diverse client base, providing cross-border solutions in Corporate, Tax Compliance, and Residency services on a global scale.
L.N. 229 of 2024, published on September 13th, 2024, has revised the Malta Income Tax (Deductions) Rules (S.L. 123.07) concerning deductions for capital expenditure on intellectual property and rights.
Malta Tax

L.N. 229 of 2024, published on September 13th, 2024, has revised the Malta Income Tax (Deductions) Rules (S.L. 123.07) concerning deductions for capital expenditure on intellectual property and rights. The provisions of these rules shall apply with effect from the year of assessment 2024.

Deductions for Intellectual Property Expenditure

Rule 6 outlines how deductions for capital expenditure on intellectual property or intellectual property rights should be computed, including provisions for carrying forward deductions if there is insufficient qualifying income.

Carry Forward of Deductions

If deductions cannot be fully utilised in a given year due to insufficient qualifying income, they can be carried forward to subsequent years.

Avoidance of Double Deductions

The rules clarify that deductions cannot be carried forward or claimed in circumstances where they would not have been allowable as a loss under Article 14(1)(g) of the Income Tax Act.

For more details, please refer to L.N. 229 of 2024.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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