Capital Goods Scheme

January 24, 2025

What is capital goods scheme?

A scheme under the VAT Act includes an anti-abusive provision to limit the claiming of input VAT on capital goods that are not used for the trading activity of a taxable person. The reference period is five years for all tangible capital assets, except for immovable property, for which the reference period is 20 years.

What is the criteria?

Tangible Good
>=
€1,160

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+

Used for the production of the income

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How is it calculated?

Claw-back provision of CGS if during reference period

1

Change in
Asset's Usage

Where a taxable person initially was using the asset to provide taxable supplies but now the asset is being used for exempt without credit supplies or the supply no longer is within the scope of VAT. For example, a garage used as a warehouse to store inventory is now being used to rent out to an individual to put his car in.

2

Change in Economic Activity

When the company initially was providing only taxable supplies but later on started supplying a mix of supplies ie. Both taxable and exempt without credit supplies.

3

Change in VAT Registration

E.g. from article 10 to article 11 (exempt) vat registration.

How is it calculated?

Adjustments in case of claw-back provision if during reference period:

1

Change in
Asset's Usage

Onetime adjustment – to refund back to the vat department the part of vat remaining during the reference period not elapsed.

2

Change in Economic Activity

Partial attribution would be used in this case – Annual adjustment would be required depending on how much the asset is being used for taxable supplies and exempt without credit supplies.

3

Change in VAT Registration

Onetime adjustment – to refund back to the vat department the part of vat remaining during the reference period not elapsed.

Adjustment in the VAT Return

Claw backof the input vat claimed —-> Adjust in BOX 40

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Your Partner in VAT and Business Compliance in Malta

For businesses looking to navigate VAT regulations in Malta, GCB Malta Ltd offers expert support on the Capital Goods Scheme and other compliance matters. Our team provides detailed guidance to help you manage VAT obligations effectively, ensuring your business is in line with the latest regulations and optimising tax strategies. To find out more or arrange a consultation, reach out to GCB at g.brincat@gcbmalta.com.

GCB Malta Ltd, licensed by the Malta Financial Services Authority, specialises in a range of services, including VAT consulting and company compliance solutions. By partnering with us, you gain access to professional advice and comprehensive support, ensuring your business stays compliant and benefits from the advantages Malta offers. Trust GCB Malta Ltd for reliable assistance in managing VAT and maintaining your company’s success.

Written By
Joslyn Seguna
GCB MaltaYour Partner in Business
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