MTCA has issued Version 1.1 of its Guidance Note on the European Union Global Minimum Level of Taxation Regulations, reflecting amendments to the Global Minimum Tax Implementing Regulations and clarifying notification and filing obligations following the country’s decision to delay the application of the Income Inclusion Rule (IIR) and Undertaxed Payments Rule (UTPR).
Malta’s Tax and Customs Administration (MTCA) has issued Version 1.1 of its Guidance Note on the European Union Global Minimum Level of Taxation for Multinational Enterprise Groups and Large-Scale Domestic Groups Regulations, following amendments to the Global Minimum Tax Implementing Regulations.
The updated guidance, released on 10 March 2026, incorporates changes introduced by L.N. 48 of 2026. Under these amendments, constituent entities located in Malta are exempt from the notification obligation referred to in regulation 5(4).
The document also explains Malta’s decision to delay the application of the Income Inclusion Rule (IIR) and the Undertaxed Payments Rule (UTPR). Malta informed the European Commission that it elected to defer the application of these rules and therefore transposed only the provisions considered the minimum necessary for the functioning of the Minimum Taxation Directive (2022/2523).
Because of the delayed application, the Guidance Note states that the top-up tax information return cannot be filed in Malta. As a result, constituent entities based in the country are exempt from this filing requirement.
However, ultimate parent entities of in-scope multinational enterprise (MNE) groups located in Malta must appoint a designated filing entity in another EU Member State or in a third country to submit the return on the group’s behalf.
The revised Guidance Note also provides clarification on the filing obligations of constituent entities under the regulations.
Earlier, Malta’s government has issued amendments to the European Union Global Minimum Level of Taxation for Multinational Enterprise Groups and Large-Scale Domestic Groups, Subsidiary Legislation 123.212 on 20 February 2026, exempting constituent entities located in Malta from submitting a top-up tax information return to the Commissioner for Tax and Customs.
