Eco Tax

When not to charge Eco-Tax


If chargeable products have been
purchased by the retailer prior to September 1, 2004, products cannot be charged
Eco-Tax.

Such products must be covered by a tax invoice dated prior on or
prior to August 31, 2004.

The principle is very simple: if you did not
pay Eco-Tax on the product purchased from a supplier you cannot charge Eco-Tax
to your customers. The penalties for abuse are too large for retailers to
contemplate it.



When to Charge Eco- Tax


If a product has been purchased (tax
invoiced) on or after September 1, 2004, then Eco-Tax is included in the price
of the product. Retailers sell at the new price plus their margin plus VAT and
that’s it. Retailers do not charge Eco-Tax again. This would be an abuse.
Retailers pay to suppliers, they do not pay Eco-Tax directly to the VAT
Department. Retailers do not register as Eco-Tax collectors. They simply pay
more to the supplier and charge price accordingly. Responsible for Eco-Tax is
the supplier i.e. the direct importer or producer.


Importers /Retailers


If a retailer is also the direct importer of
the product, then Eco-Tax is charged on all sales made after 1st September 2004
on all Eco-Taxed products. This provided that no tax invoice exist between one
legal entity that imports and another legal entity that retails and dated prior
to September 1, 2004.

All importers, producers and importers/retailers
must register as Eco-Tax collectors on the prescribed form available form the
VAT Department. Wholesalers and Retailers do not
register.

Lessen the burdens and the economy will grow

The
Maltese economy is not growing and the reasons are not so difficult to decipher.
Government economic policy over the last 10 years has much to blame for the mess
we are in today. If we do not take serious action as from this year we are going
to face an even graver situation in the next few years.

The GRTU will
shortly publish an analysis of the government's mismanagement of national
finances based on a study made by the economist, Prof. Joseph Falzon, of the
Department of Banking and Finance of the University of Malta.

Prof.
Falzon studies the recent history of the government's financial balance and the
government's total debt on the background of the government's expenditure and
total revenue and works on trend projections up to the year 2012. From this
analysis a conclusion can be made as to what needs to be done to save ourselves
from the dangers that lie ahead of us if we fail to act seriously now.

In a
nutshell the situation is this. We are today faced with a national debt of Lm1.2
billion (one thousand two hundred million). If no serious action is taken as
from this year to correct the trend that has been with us since 1990, the
national debt will, by the year 2012, reach a staggering Lm2.5 billion. In
relative terms this means that our total gross domestic product will not be
enough to cover our national debt. In 1990 the national debt was Lm204 million.
In 2000 it reached Lm925 million. In 2003 it shot up to Lm1,218 million. In 1992
government expenditure was 44.3 per cent.

An extremely worrying factor is
that the annual percentage change in the national debt has since 1990
outstripped the annual percentage increase in GDP.

The cause of the
problem is the government's persistent budget deficit. Since 1982 Malta has
suffered continuous and increasing deficits in public finance. As a ratio to GDP
the government's budget deficit shows one consistent rise from 12.29 per cent in
1986 to the all time high ratio of government debt to GDP of 71.13 per cent in
2003.

If no serious action is taken and the trend continues, by 2012 the
national debt will be 101 per cent of GDP. It is on this backdrop that the Malta
Council for Economic and Social Development has been meeting regularly over this
long hot summer in one big combined effort by the social partners and the
government to reach agreement on a social pact that will bind us all, workers'
trade unions, employers and enterprise organisations and civil society, to steer
the country away from this debacle.

Unfortunately, left on its own, the
government has over the last 10 years striven to continue with the trend of
increasing public expenditure by Lm50 million a year and forcing everyone to pay
up more in taxes so that it can cope with its unleashed public spending spree.
The government every year says that it is working hard to rein in the public
deficit. But we all know that it has failed. And it will continue to fail unless
the government changes tack. The government blames all of us for its failure.
The public is not paying enough taxes they tell us. They know, however, that the
government's perennial public deficit is not primarily the result of its failure
to squeeze enough taxes from business and private taxpayers. Its gravest error
is its inefficiency to control and cut public expenditure.

Public expenditure
has increased progressively from the 32 per cent ratio to GDP 40 years ago, to
the 50 per cent that it is today. The last decade has shown a total government
expenditure trend of around 48 per cent of GDP while the trend of total revenue
is forecast to be only 41.5 per cent of GDP.

The government is faced with
a problem: How to equate its public spending trend to its public revenue trend.
The government could either push up revenue by creating new layers of taxation
or reduce expenditure to the level of its known achievable revenue. The
government has effectively opted to raise the level of public revenue to the
level of public expenditure. The total result of this fallacious policy is the
unacceptable slow growth that the Maltese economy has been forced to follow as a
result. The government blames it on all the world and on all of us. The truth,
however, is that little Malta is sustaining a public sector that is too big for
all of us to carry and we cannot carry the increasing burden and at the same
time run faster.

The crux of the problem is that GDP must grow at a
higher annual growth rate than it has been doing over the last years. Given a
regular sustained growth of GDP the government will be able to improve its money
intake without an increase in the general level of taxation. But it must control
public expenditure.

The government cannot continue with the spending trend of
Lm50 million increases per year. Fortunately, the government has now committed
itself to Brussels, according to its Convergence Plan, to increase public
expenditure over the next three years by only Lm30 million a year.

This
effectively means that the government will continue to meet the natural increase
in expenditure due to incremental wage increases as per agreements and letters
of appointment already committed and will face the natural increase in
expenditure on all other commitments, but will not enter into new commitments.
This may not be enough given the resistance of the economy to start pushing
ahead in the sectors that really matter. Unless the economy starts growing at a
greater and faster rate there is no way the government can manage to receive
more and the more it spends the more resistant to growth the economy
becomes.

If the government succeeds in freezing additional commitments of
expenditure and hold only to existing commitments, unless new ones are as a
result of cutbacks elsewhere, it will move in the right direction. This on its
own will not give Malta the respite it needs to save our country from a grave
situation of a national debt that equals total GDP by 2012.

To save
ourselves from this economic disaster the government must strive now to obtain a
greater growth of GDP. Prof. Falzon estimates that an increase of 16 per cent of
GDP is needed to achieve a balance between what the government can effectively
get as revenue from the economy and what the government can afford to spend
without deflating the economy out of its needed growth strategy. This could
happen if GDP could grow at four per cent per year in nominal terms over the
next four years. The growing economy will cause public revenue to equate to
public expenditure.

The good news is that a serious and effective social
pact can lead to an achievement of this target without many sacrifices. It is
achievable and with serious planning it can happen. It will not, however, happen
if the government does not venture into serious changes in its approach to
taxation. Malta cannot continue to castigate the people it needs to push
national productivity up, register a marked increase in investment and bring
back the enthusiasm of entrepreneurs.

Malta's fiscal structure is too
much of a punishment on producers. The fiscal structure must be reformed. The
government must stop castigating the middle class. It is this class that is
capable of working harder, saving more, investing more, and striving hardest to
push the economy forward.

The last 10 years have been one continuous ride
by the government on the back of the middle class. They are the people who pay
the taxes, whether they are direct taxation on incomes or indirect on spending.
The current government strategy is to push the 43 per cent of GDP that it is now
receiving in revenue to 50 per cent so that it can meet its commitments on the
current level of expenditure.

If this is the strategy that the government
will follow after the next budget it will be a disaster on all levels, economic,
social and political. Taxation as a ratio of GDP must go down. It will happen if
the government agrees on a freeze of public expenditure. If the current
expenditure trend continues the GDP will not grow. The resources that matter
must be made available to those who can make the economy grow. Money is made to
work best by those who earn it and not by the government that spends
it.

The GDP needs to grow in the sectors that really matter: Exports and
tourism. What is happening now is that the GDP is effectively growing only as a
result of increased government taxation which bolsters the government
contribution to GDP and by other internal transfer payments that bolster the
contribution to GDP, of such sectors as banking, insurance, estate development
and local trading.

This is not good enough. The government must now
embark on an enterprise-driven policy. Its commitment to the MCESD must be one
of a cutback in public expenditure and a freeze on additional expenditure and a
reduction of the general level of taxation.

The economy must grow by 16
per cent in a short span of years. If it will not do so the future is bleak. But
we are still in time to correct course. A four per cent growth in GDP over the
next four years is achievable. As the social partners work harder to conclude
the social pact this target may be
achieved.

 

ECO-TAX Development 3

As a result of the pressure and stand taken by GRTU
on behalf of the enterprises, traders and retailers affected by the imposition
of the Eco-Contribution Act approved by Parliament on 27th July 2004, government
has now accepted that:

1. Eco-Tax will not be levied on existing stocks
held by traders/producers as originally insisted upon by government.

2.
The Eco-tax will not be levied on all listed products (refer to note 14) once
they leave customs as originally proposed by government.

3. Eco-tax will
not be levied on all listed items at customs on non-EU originating product and
no Eco-tax will be levied once non-EU-originating products leave customs, as
originally planned under the Act.

4. Eco-tax will not be levied on goods
held at Retailers. This was fundamental for GRTU.

5. Retailers will not
be burdened by any additional paper work or tax collection.

6. The
Eco-tax will be levied as follows:

6.1 On listed products once the first
VAT transaction is effected i.e. (a) either when trader or producer sell to
wholesalers or retailers, or (b) when traders or producers sell directly to
customers.

6.2 Eco-tax is payable by importers/producers (not retailers
or wholesalers) on the next VAT return due on all sales transactions of listed
items as from the 1st September. Sales transaction refer to all invoiced
transactions made by importers/producers to wholesalers, retailers or directly
to consumers. Sales transactions made by wholesalers, retailers to consumers of
items invoiced to them prior to 1st September, 2004 do not suffer Eco-tax. Items
sold to retailers prior to 1st September 2004 therefore remain Eco-tax free. All
items contracted for delivery after 1st September 2004 will suffer the Eco-tax
irrespective of the price on the sales contract unless a sales tax invoice has
been issued prior to 1st September, 2004. Any items not covered by a tax invoice
will suffer the Eco-tax.

6.3 Eco-tax is levied on products that are
transacted out of warehouse from traders or producers. Listed products already
on sale at retailers are not effected. Sales on the products to retailers prior
to effective date proceed as before.

7. The implementation date is 1st
September, 2004. Initially, GRTU had asked for postponement of implementation
till January 2005 so that current stocks could be depleted. But government has
now accepted that importers and producers will not have to submit a stock take
as up to the end of August 2004 and pay Eco-tax on all listed items on their
inventory. Also, since government has accepted that the Eco-tax will not be
levied on all listed products immediately as they leave Customs irrespective of
sales, GRTU has reconsidered its position. Therefore, GRTU now considers that
the date of implementation is no longer a major stumbling block. Yet, GRTU still
believes that government is rushing unnecessarily to introduce the tax as from
1st September 2004.

To make clear, the tax is now levied on first sales
transaction by importers/producers and not by retailers. Existing stocks will
not be charged and new imports/production will not be charged unless a first
sales transaction is effected. This does not mean that any sales transaction
after 1st September 2004 made by importers/producers will not be Eco-taxed if
the goods come from inventories held prior to 1st September 2004. All first
transactions will be taxed after 1st September 2004 irrespective of whether the
good comes from inventories existing prior to 1st September 2004 or from new
imports/production after 1st September 2004. What it means is that no tax is
levied on goods not yet on the market (transacted) before 1st September 2004, as
was originally planned by government.

8. The payment of the Eco-tax
will be made at the end of the VAT tax period due after 1st September 2004 and
payment is effected on every VAT payment date.

9. The VAT department is
the Authority that will administer the Eco-Contribution Act.

10. The
exact mechanism on how the tax is going to operate is still under discussion. A
Technical Commission is being set-up to discuss the technical aspects of
implementation. GRTU has successfully insisted that the Eco-Contribution is
considered as a cost which is incorporated in the total price of the product and
not invoiced separately. This means that like Excise duty the trader wil put his
mark-up after all costs are added and VAT is charged at the end as the last
item.

11. The Eco-tax will be refundable only if approved schemes of
collection of waste generated by the listed items are in action. Discussions on
these will proceed under the auspices of the proposed Commission. At this stage
Eco-tax is to be considered as another unrefundable cost and it is charged to
consumers.

12. The terms of reference of the proposed Commission will be
published shortly in the Government Gazette.

13. The Legal Notice will
qualify the Articles of the Eco-Contribution Act as they apply to
administration, collection of the contribution and other technical aspects and
official forms will be issued later by the VAT department. In the meantime, the
Act has been published and it is available on the GRTU’s website.

14. The
listed items are as per attached Schedule. The Legal Notice will however
introduce important changes on certain items:
(a) The published list referred
only to electrical appliances and not to gas appliances. The Legal Notice will
also indicate gas appliances as subject to Eco-tax. These fall under HS Codes
7321 and 8419.

(b) Those items that fall under the HS Codes 851660,
7321, and 8419 and have a weight of less than 2 kilos will be exempted from
Eco-tax.

(c) Batteries will be charged Eco-tax but the tax will not be
levied also on separators.

The tax is payable by importers/producers and
not retailers when the VAT return is due on all first invoiced transactions on
the listed items effected after 1st September and payable with VAT.

All
importers/producers have to register and obligations are similar as under the
VAT Act.

GRTU members are advised to make the necessary preparation and
to pass on questions, advice or proposals to GRTU by e-mail on
and to watch the GRTU website for further information.

We need
information on any waste recovery programme in action or proposed. We thank you
for your support and assistance.

 

Eco Tax Development 2

Implementation of the Eco-Contribution Act: Additional Information

1.
Effective date: 01-09-04

2. Point of tax: Eco-tax is a cost and it is
included in the price before VAT. VAT is charged on all costs including Eco-Tax.
Eco-tax cannot be charged separately.

3. Items sold to retailers,
wholesalers or direct to consumers by traders or producers before 01-09-04
provided the sales are covered by the invoice will not be charged Eco-tax. The
tax is applicable only on the first invoiced transaction after 01-09-04

Eco Tax Development 1

As a result of the pressure and stand taken primarily
by GRTU on behalf of the enterprises, traders and retailers affected by the
imposition of the Eco-Contribution Act approved by Parliament on 27th July
2004.


Government has now accepted that:
1. No Eco-Tax will be levied
on existing stocks held by traders/producers.

2. The Eco-tax will not be
levied on all listed products once they leave customs.

3. No Eco-tax will
be levied on all listed items at customs on non-EU originating product and no
Eco-tax will be levied once non-EU-originating products leave customs.

4.
The Eco-tax will be levied as follows:

4.1 On listed products once
the first VAT transaction is effected i.e. (a) either when trader or producer
sell to wholesalers or retailers, or (b) when traders or producers sell directly
to customers

4.2 Eco-tax is levied on products that are transacted out of
warehouse from traders or producers. Listed products already on sale at
retailers are not effected. Sales on the products to retailers prior to
effective date proceed as before.

5. GRTU had asked for postponement of
implementation till January 2005 so that current stocks could be depleted.
Government has now accepted that existing stocks will not be charged and new
imports/production will not be charged unless a first sales transaction is
effected. GRTU therefore now considers that the date of implementation is no
longer a major stumbling block. Government in fact intends to implement it as
from September 2004.

6. The payment of the Eco-tax will be made at the
end of every quarter and payment is effected together with VAT
payment.

7. The VAT department is the Authority that will administer the
Eco-Contribution Act.

8. The exact mechanism on how the tax is going to
operate is still under discussion. A Technical Commission is being set-up to
discuss the technical aspects of implementation. GRTU is insisting that the
Eco-Contribution is considered as a cost which is incorporated in the total
price of the product and not invoiced separately.

9. The Eco-tax will be
refundable only if approved schemes of collection of waste generated by the
listed items are in action. Discussions on these will proceed under the auspices
of the proposed Commission.

10. The terms of reference of the proposed
Commission will be published shortly in the Government Gazette.

11. The
Legal Notice that will qualify the Articles of the Eco-Contribution Act as they
apply to administration, collection of the contribution and other technical
aspects and official forms that will be used to implement the Act, will be
published shortly. In the meantime, the Act has been published and it is
available on the GRTU’s website.

GRTU members are advised to make the
necessary preparation and to pass on questions, advice or proposals to GRTU by
e-mail on and to watch the GRTU website for further
information.

We need information on any waste recovery programme in
action or proposed. We thank you for your support and
assistance.

 

GRTU slams government for ‘double U-turn’

The Chamber of Small Businesses and Enterprise director
general Vince Farrugia (GRTU) slammed the government yesterday for what he
claimed was a double u-turn.

However, Mr Farrugia continued, those
entities or people who were not present for the meetings were now introducing
specifications and terms and conditions which had not been agreed in the first
place. “This amounts to a double u-turn,” he said angrily. “We cannot continue
running the country like this. The government has become like a yo-yo man and
businesses are stuck in the middle,” he said.

Mr Farrugia, who was
contacted by The Malta Independent for a reaction to the technical
specifications issued by the Malta Standards Authority (MSA) yesterday,
reiterated the chamber’s stand that the regulations on smoking in public places
will have a “disastrous effect on businesses”.

He said the regulations
will have an effect on various sectors of society, including the importers and
distributors of air-purifying equipment and the technical people who are
responsible for their maintenance.

Mr Farrugia said Ireland, which
recently introduced the same regulations Malta was introducing, had experienced
a fall in the number of people frequenting bars, pubs and restaurants and as a
result, businesses were folding.

He said that while on the one hand, one
minister was introducing a regulation whereby people cannot walk in the road
with a bottle of alcohol in their hand, another minister was telling people
drinking in a bar to smoke outside in the road because they were not allowed to
smoke inside. What will they do with their drink? We need some co-ordination,
said Mr Farrugia.

The MSA sent the media a synopsis containing what they
called the “salient points of the Technical Specifications”. The MSA statement
continued that the synopsis is intended to introduce the public to the concepts
contained in the specifications. In his reaction, Mr Farrugia said the GRTU was
convinced that the regulations and the specifications, when enforced, will have
a drastic effect on business.

He said that Malta should learn from the
Irish, who have experienced a downward trend since these regulations were
introduced.

Mr Farrugia said these things only happen in Malta and that
this was not the way to run a country.

The Indoor Air Quality –
Reduction of effects of smoking on non-smokers – Requirements, gives the
necessary requirements for minimising the possibility of contamination of
non-smoking areas by chemicals emanating from smoking carried out in smoking
rooms and areas in licensed premises.

The technical specifications do
not cover the ventilation requirements of buildings where no smoking activity is
carried out.

The following is the full synopsis of the requirements:

The licensed premises shall: (a) be designated as non-smoking or (b)
have adequate ventilation systems installed and functioning for a designated
smoking room.

Clear signs shall be installed in both non-smoking
licensed premises as well as in non-smoking rooms in premises permitting
smoking. The signs shall be indicate both the possibility of smoking as well as
its prohibition as may be the case. Signs shall be installed in conspicuous
places and permanently maintained.

Designated smoking rooms shall be so
constructed as to ensure that persons outside the smoking rooms are not
subjected to fumes from the smoking room. These include full height walls and
automatically closing doors which are to be kept in the closed position at all
times.

The ventilation requisites for smoking rooms include the
maintenance of a negative pressure inside the room, the provision of fresh air
inside the room and the exhaust of air from inside the room without
re-circulation inside the premises.

The synopsis concludes by saying
that the full text of the specifications is available for purchase from the MSA.

 
Malta Chamber of SMEs
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