Malta Pillar II Update Malta

Malta has issued Legal Notice 48 of 2026, formally titled the European Union Global Minimum Level of Taxation for Multinational Enterprise Groups and Large-Scale Domestic Groups (Amendment) Regulations, 2026, which updates the filing obligations for constituent entities located in Malta that are subject to the EU Minimum Tax Directive.

The key change introduced by Legal Notice 48 of 2026 is the removal of the previous requirement, originally set out in Legal Notice 32 of 2024, for Maltese constituent entities (or a designated local entity acting on their behalf) to notify the Commissioner for Tax and Customs about:

– The identity of the entity designated to file the Top-up Tax Information Return (also known as the GloBE Information Return or GIR), and

– The jurisdiction in which that filing will take place.

Despite this concession, all other stipulations from the original framework established in Legal Notice 32 of 2024 remain in effect. This includes the exemption for Maltese constituent entities from submitting the Top-up Tax Information Return locally, as well as the postponed implementation of the Income Inclusion Rule (IIR) and the Undertaxed Profits Rule (UTPR).

Importantly, the amendment does not relieve Maltese constituent entities of their information-sharing duties. They (or a designated local entity) must still provide the ultimate designated filing entity, typically the ultimate parent entity (UPE) or another group member, with all necessary data and details to ensure full compliance with the EU Minimum Tax Directive’s requirements.