Closure of a Business
An entrepreneur may decide to wind up his or her business for various reasons.
Unless it involves a transfer of the business, winding up usually includes the following steps:
- Notifying the body that initially registered the business to cancel the business licence or employers' entry in the register;
- Complying with social security and tax obligations;
- Selling off plant, stock and office equipment;
- Paying off any outstanding business debts.
LEGAL OBLIGATIONS
Maltese law obliges any business owner to legally dissolve the business when closing down. There are 3 types of dissolution:
- Voluntary Liquidation
- Enforced Dissolution
- Bankruptcy
LEGAL TEXTS
Companies Act 1995
Final Settlement System (FSS) Rules SL 372.14
Employment and Training Services Act, Chapter 343
Income Tax Act, Chapter 123
Commercial Code 2008, Chapter 13
Consumer Affairs Act 1994
Malta Standards Authority Act 2000,Chapter 419
Business Promotion Act 2001, Chapter 325
Malta Enterprise Act 2003
Competition Act 1995, Chapter 379 (1995)
Self-Employed
CLOSING A BUSINESS: SELF-EMPLOYED
When a self-employed decides to close down the business a number of entities that he/she registered with when he/she first registered as a self-employed will need to be notified and certain deregistrations need to be effected.
Jobsplus Termination
A Self-employed person, on ceasing to be self-employed, needs to log in to the Jobsplus Portal and fill in the termination form.
VAT Deregistration
A sole trader has to deregister from VAT by using this form: VAT Deregistration (E-ID has to be activated).
In order for the application for de-registration to be processed a registered person is required to settle all pending matters with the Department.
It is pertinent to point out that if the registered persons are classified as non-exempt individuals they shall be deemed to have, immediately before the cancellation of their registration, supplied all the remaining business assets that belonged to their business. In this regard they must account for the VAT due thereon in the last VAT return.
These guidelines will assist users in:
- PE Registration
- PE De-Activation
- PE Re-Activation
- VAT Change in Register Type
- VAT Change, Add, Remove Economic Activity
Deactivation of a PE number
If a Sole Trader decides to close the business and has a PE number that is still active, s/he would need to deactivate it. One has to fill in this e-form.
RELOCATING IN ANOTHER COUNTRY AFTER CLOSING A BUSINESS
Social Security Deregistration
Self-employed closing their business and relocating in another country will need to deregister from the Social Security by contacting the Social Security Department.
Tax Account Closure
Kindly contact the Commissioner for Revenue.
Residency Card
Kindly contact Identity Malta – Expatriates Unit.
LEGAL TEXTS
Companies Act 1995
Final Settlement System (FSS) Rules SL 372.14
Employment and Training Services Act, Chapter 343
Income Tax Act, Chapter 123
Commercial Code 2008, Chapter 13
Consumer Affairs Act 1994
Malta Standards Authority Act 2000,Chapter 419
Business Promotion Act 2001, Chapter 325
Malta Enterprise Act 2003
Competition Act 1995, Chapter 379 (1995)