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Parliamentary questions
12 March 2009
E-1558/09
WRITTEN QUESTION by John Attard-Montalto (PSE) to the Commission

 Subject: VAT registration tax
 Answer(s) 

It has been established that VAT on the registration of cars since Malta became part of the EU was not legal.

It has been declared that domestic courts have jurisdiction to ensure the repayment of taxes collected contrary to the laws of the EU.

The Commission has stated that the legal procedure to be followed is that of the particular country.

This procedure imposes a definite time limit of two years from the date of payment.

It is probable that thousands who have paid this illegal tax will lose the right to a refund because it will be barred by lapse of time.

The Government of Malta forwards to the EU a portion of the VAT collected in the Maltese islands. The payments received by the EU include VAT on the registration tax on cars, which is illegal.

Does the Commission concur that the EU received funds from the Maltese authorities from 2004 to 2008, a portion of which represented tax ‘illegally’ collected as abovementioned, and what action does the Commission intend to take to secure the reimbursement of the aforementioned funds to the Government of Malta and to ensure that these funds are reimbursed by the Government of Malta to those persons to whom they are due?

 OJ C 189, 13/07/2010
Last updated: 17 March 2009Legal notice