MTCA publishes AEOI Newsletter

The Malta Tax and Customs Administration (MTCA) has issued Issue No. 2 of its AEOI Newsletter (October 2025).

This issue provides important compliance reminders and updates across DAC2, CRS/FATCA, DAC7, and DAC4 regimes, as well as a preview of a new self-assessment measure for financial institutions.

1. DAC2 – Trustees and Fiduciaries
   
   The MTCA reminds trustees licensed by the MFSA to submit the Trustee Declaration Form for the reporting period 2025 by 30 January 2026 to aeoi-admin.mtca@gov.mt
   
   It was noted that several prior submissions were made using an outdated form. Trustees must therefore ensure that they use the correct version available on the current MTCA website. This requirement is outlined in Section 12.3.3 of the Implementing Guidelines on the Automatic Exchange of Financial Account Information. It applies irrespective of whether the trustee or the underlying trust qualifies as a Reporting Malta Financial Institution (RMFI) or otherwise.
   
   The MTCA also reminded trustees that submitted information may be verified under Regulation 5(7) of the Cooperation with Other Jurisdictions on Tax Matters Regulations.
   
   
2. CRS and FATCA – Exchange Update
   
   The 2025 CRS and FATCA exchanges with participating jurisdictions have now been completed. The MTCA emphasised that any amendments to previously exchanged files (for reporting year 2024) should be made through the submission of correction files by the respective RMFIs. Where reporting has not yet taken place, an initial file must still be lodged even if it is late.
   
   
3. FATCA and CRS Self-Compliance Questionnaire (from 2026)
   
   To enhance monitoring of ongoing compliance, the MTCA announced that a Self-Compliance Questionnaire will be launched for both RMFIs and NRMFIs registered for CRS/DAC2/FATCA purposes.
   
   The questionnaire, which will become an annual submission starting in 2026, will require institutions to confirm:
   
   - Their classification as a Financial Institution;
   - The due-diligence procedures carried out regularly; and
   - The reporting criteria applied for CRS and FATCA purposes.
   
   Further details on submission deadlines and the filing process will be released in forthcoming newsletters.
   
   
4.  DAC7 – Platform Operators
   
   MTCA reminded Platform Operators of their reporting and due-diligence obligations under the DAC7 framework, including registration, verification, and annual reporting of specified data on Reportable Sellers.
   
   Practitioners and service providers are encouraged to support clients by:
   
   - Determining whether they qualify as Platform Operators;
   - Implementing appropriate due-diligence and verification processes;
   - Ensuring timely and accurate submission of required data; and
   - Retaining sufficient documentation to demonstrate compliance.
   
   The MTCA highlighted that non-compliance may trigger administrative penalties and enforcement measures, as outlined in the DAC7 Guidelines. Questions may be directed to dpi-eoi.mtca@gov.mt.
   
   
5.  DAC4 – Country-by-Country Reporting
   
   CbC Reporting entities are advised to consult the latest list of jurisdictions that are not EU Member States published in the DAC4 Guidelines before making submissions. Updates to this list occur on a continuous basis, reflecting new countries joining the multilateral cooperation network with which Malta has activated exchange relationships.
   
   
6. General Updates and DAC8 
   
   In the introduction to the newsletter, the MTCA confirmed that DAC8 is currently being transposed into Maltese legislation and is expected to be finalised by the end of 2025.
   
   In parallel, the MTCA launched its newly redesigned website, which consolidates all AEOI- and DAC-related resources within the International Tax Cooperation section under “Business - International Affairs.”