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Vehicle Registration - Arrived as tourist, decided to work and stay

Last activity 02 December 2015 by tearnet

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LeoK

Hi to all,

I would be really grateful for any assistance on this issue!

I arrived in May in Malta, planning to stay a couple of months to visit my girlfriend who is working on the island. During my time here, I decided that I wanted to stay longer. So I registered recently in the VAT department as a freelancer, but I am not registered yet as a resident, nor do I have a Maltese ID.

As a tourist I could keep my vehicle here for 6 months. Since I decided to stay and work I should register it. The question is how will the government will see the fact that I am in the country for two and a half months now and I only decided to register the car now? Are there any procedures for this case?

Thank you in advance for your time!

ricky

Well, you are addressing several issues here.

First , registering for VAT as a Freelancer obviously implies that you are a resident in Malta and working as a Freelancer. Once doing that you cannot consider yourself a tourist.

Secondly, you should have registered yourself as resident the moment you apply for VAT.

Thirdly, as a resident you are not allowed to drive a foreign-plated car in Malta.

On number 4 you should have registered your car within 30 days of becoming a resident .

On number 5 you cannot apply for an exemption when registering your car in Malta. I hope you are still insured while illegally driving in Malta. Probably not !

Otherwise there is no procedure except paying the amount due.

THere are a few more questions too but solve the existing ones first -)))

Cheers
Ricky

LeoK

Thanks for the reply first of all! :)

My comments below yours :)

ricky wrote:

Well, you are addressing several issues here.

First , registering for VAT as a Freelancer obviously implies that you are a resident in Malta and working as a Freelancer. Once doing that you cannot consider yourself a tourist.
----- Agreed that I no longer am a tourist. Hence my willingness to register the vehicle.

Secondly, you should have registered yourself as resident the moment you apply for VAT.
------ No one requested that I do so. Not when I got the social security number, not when I registered at the Inland Revenue dpt and not at the VAT department. In any case it is a highly seasonal work and I will not stay for more than 6 months total.

Thirdly, as a resident you are not allowed to drive a foreign-plated car in Malta.
------ Agreed, but not a resident yet for above mentioned reason.

On number 4 you should have registered your car within 30 days of becoming a resident .
------- I am not yet a resident for above mentioned reason.

On number 5 you cannot apply for an exemption when registering your car in Malta. I hope you are still insured while illegally driving in Malta. Probably not !
------ If I may ask, why not? I came across a form titled "Transfer of Residence - Application for exemption from motor vehicle registration tax.

Otherwise there is no procedure except paying the amount due.
------ I will conform with the law of course. My aim is not to be illegal. I just need to know what it is that I am facing.

THere are a few more questions too but solve the existing ones first -)))

Cheers
Ricky

LeoK

In addition there is this form too:

APPLICATION FOR TEMPORARY PERMIT FOR FOREIGN REGISTERED VEHICLES USED BY
NON RESIDENT WORKERS

which means that someone can work in Malta and not be a resident.

ricky

Well,

you came across on a form titled ' transfer of residence' ! But you did not transfer your residence ..... and you consider yourself a resident as you say ! That is a declaration of residency !

You need to decide whether and where you are resident , in Malta or in the UK  or elsewhere.

As you are leaving Malta soon and don't want to be resident you will have to find out what implications registering for VAT in Malta has on your situation.

From what you quote it sounds a bit like ' pick and choose'  .

Cheers
Ricky

LeoK

Thanks for taking the time.

I didn't say that I consider myself a resident. I only said that I am not a tourist and from the last form I found ("APPLICATION FOR TEMPORARY PERMIT FOR FOREIGN REGISTERED VEHICLES USED BY
NON RESIDENT WORKERS") it appears to be possible for someone to work in Malta and not be a resident.

I am not trying to pick and choose as this will obviously not work with the authorities. I am just asking for information from anyone who might know by either being/have been in a similar situation or has some other credible source.

robpw2

as you are working here and living here and not on temporary secondment you would be a resident
the category for non -resident workers applies to those who are working here for a fixed contract not people who decide to stay and find work .

your a resident however you try and swing it

ricky

Well, we can keep on going around in circles ! You are not a tourist but you are not a resident and you want to register a car in Malta ?

You only have to pay VAt in Malta if you are offering a service in Malta and then you are working and resident in Malta.

I'm not going to answer anymore as this is too stupid.  Maybe someone else can give you smart advice.

All the best.

Ricky

LeoK

Thanks to both of you for taking the time. I do appreciate it.

Rob thanks for your explanation. It helped a lot.

I'll be contacting the department of transportation on Monday...

Take care,

Leo

RASTAVIPER

How can the police verify the period that a vehicle is present in Malta?

Can foreign residents -who live and work here- bring for some months per year their car from abroad?

robpw2

they take note of your vehicle registration when you bring the car over

and no you cannot bring a car here for certain periods a year - you have to register your car here if you intend to be a resident

RASTAVIPER

robpw2 wrote:

they take note of your vehicle registration when you bring the car over

and no you cannot bring a car here for certain periods a year - you have to register your car here if you intend to be a resident


And how the police can verify at a random check for how long you have your car on the island?
Do they have make real-time check about such details?

robpw2

Do what you like , if you wish to break the law you will be the one fined not me

ricky

It actually works the other way around !

The police will ask you when the car arrived on the island. Every car comes with a ferry ticket and that is your proof of entry. Now if you can't provide proof of car entry into Malta  there is a problem ! The police can make checks and they can just call Virtu ferries to find out when the car was on the ferry.

Cheers
Ricky

Toon

there is no hiding place.... when the authorities are seeking penalties and fines for non regularised activity

RASTAVIPER

robpw2 wrote:

Do what you like , if you wish to break the law you will be the one fined not me


Total irrelevant reply to what I was asking.
The rest of people replied just fine.

If you have this attitude, better don't reply at all.

F0xgl0ve

RASTAVIPER wrote:
robpw2 wrote:

Do what you like , if you wish to break the law you will be the one fined not me


Total irrelevant reply to what I was asking.
The rest of people replied just fine.

If you have this attitude, better don't reply at all.


As you only seem to like to post and try and stir things up, why bother at all!

People on here try and give sensible answers to question and don't need 'Trolls' like you coming on the site!

Ray

PS Come back 'Redmik' ) Never thought I would say that!

RASTAVIPER

F0xgl0ve wrote:
RASTAVIPER wrote:
robpw2 wrote:

Do what you like , if you wish to break the law you will be the one fined not me


Total irrelevant reply to what I was asking.
The rest of people replied just fine.

If you have this attitude, better don't reply at all.


As you only seem to like to post and try and stir things up, why bother at all!

People on here try and give sensible answers to question and don't need 'Trolls' like you coming on the site!

Ray

PS Come back 'Redmik' ) Never thought I would say that!


You don't even know what Troll means, so better not use it.

At the end of the day, why both you and Rob feel that you have to judge other people?
Making such conclusions about other forum members is none of your business.

LeoK

After reading the answers to my initial question, I decided to contact a lawyer before attempting to sort it out by going directly to the relevant public offices.

To make a long story short, I would suggest that whoever has a similar issue should contact a lawyer to clear things up. I realised that advise on legal issues on a forum, no matter how well intended they might be, are often way off the mark and may cause undue stress. The lawyer's fees are a tiny little insignificant fraction of what someone might pay if caught in the bureaucracy and/or erroneous online advise.

Happy to say that my issue has been resolved without me paying any fines or registration fees. And driving the car with foreign license plates is absolutely legal at this point.

Thanks for everyone's time. Hope this helps.

robpw2

RASTAVIPER wrote:
F0xgl0ve wrote:
RASTAVIPER wrote:


Total irrelevant reply to what I was asking.
The rest of people replied just fine.

If you have this attitude, better don't reply at all.


As you only seem to like to post and try and stir things up, why bother at all!

People on here try and give sensible answers to question and don't need 'Trolls' like you coming on the site!

Ray

PS Come back 'Redmik' ) Never thought I would say that!


You don't even know what Troll means, so better not use it.

At the end of the day, why both you and Rob feel that you have to judge other people?
Making such conclusions about other forum members is none of your business.


i dont judge anyone , i answered your question and you came up with reasons as to why " you " were right at which point i snapped and i said for you to do what you think is best because clearly you knew better

robpw2

LeoK wrote:

Happy to say that my issue has been resolved without me paying any fines or registration fees. And driving the car with foreign license plates is absolutely legal at this point.

Thanks for everyone's time. Hope this helps.


could you please provide more information as to why  your perfectly legal to be driving your car in malta with foreign plates when other would be residents have been fined etc for not registering there car properly ? maybe there is a legal loophole that people need to know about

perhaps you could explain what the lawyer did/said so that we are able to give the correct advise in future as you think we have provided erroneus advise * worth noting all the information ricky and i have provided is as according to the information on the transport malta website

or is there some other reason as to why you appear to be exempt ?

Toon

Maybe LeoK knows a man who knows a man who can

LeoK

As each case can be different the same thing cannot apply to everyone. Please contact a lawyer for more details.

robpw2

interesting - why did I know you would come and say something along those lines - I wonder if it's because I'm becoming incredibly cynical in my old age

LeoK

In all honesty, whether you (or anyone else for that matter) believe me or not means nothing to me :) After all, part of my advise was not to believe everything people say on the internet... My advise was to seek information by asking a person who knows better, which is exactly what I did myself.

To do that, I spent some money. Insignificant compared to the fines and fees that I was led to believe that I had to pay, but still a sum of money. If someone else wants to know what I learned, he/she should pay as well. The information you offered me was (as you argued) from a website, mine came from a lawyer who spent time investigating, contacting authorities and costing me money for all that. There is a difference there. If you cant see that I couldn't care less, as I couldn't care less if you believe any of it.

My aim is not to convince anyone of anything. My aim was to take care of that issue.

Enjoy your time in Malta ;)

F0xgl0ve

First time 'LeoK' gets stopped in a spot check for driving a car on foreign plates and can't show he is a tourist because he is registered in Malta as self employed the sh!t will hit the fan!

Ray

Toon

ah well  - it does beg the question why he asked in the first place doesnt it ...

lets hope his lawyer is better than most in malta who always recognise easy money eh

Toon

so why didnt you do that in the first place LeoK - as its quite clear to me you were never going to accept anything you were told here but good luck when you get stopped as you undoubtedly will...

i do hope that if and when that happens your lawyer will be available to correct the warden or the police

FMGL

Hi,
Have a look at the document which can be downloaded following the link below.
http://www.transport.gov.mt/admin/uploa … 134728.pdf
Cheers,
François

tearnet

FMGL wrote:

Hi,
Have a look at the document which can be downloaded following the link below.
http://www.transport.gov.mt/admin/uploa … 134728.pdf
Cheers,
François


The form  you have linked is for people moving to Malta and who have owned the vehicle (outside of Malta) for a least 2 years PRIOR to the move to Malta.

No good for someone who is in Malta with their vehicle and waits before trying to register the vehicle in Malta.
You have to prove that the vehicle has been outside of Malta for the 2 years before you applied for exemption.

Terry

FMGL

Hi,
You are correct except for the part, "you have to prove...".
You only have to prove that you have owned the car for 2 years prior to transferring your residence to Malta.
You can also transfer your residence at a later stage from your arrival in Malta.
The date to be taken into account for the time between your arrival in Malta and your transfer of residence is the date shown on the ferry ticket.
You can perfectly move to Malta with your car, which you have owned for more than 2 years previous to your transfer of residence, as long as you have also lived for more than 2 years outside of Malta immediately before taking residence, and register it within a period of 2 months prior to the transfer and 12 months after the transfer.
The declaration of exemption has to be made within 30 days following the transfer of residence if the vehicle is already in Malta prior to the transfer of residence.

"Evidence of residence outside Malta
Acquisition and disposal of property abroad
Documents relating to transactions carried out in the course of day-to-day living (copies of utility bills, bank or credit card statements or other expenses, tax returns, social insurance records)
Employment documents (such as payslips) 

Evidence relating to motor vehicle
Vehicle registration certificate showing date when it was registered in the name of the applicant
Documents which clearly establish that an y relevant taxes on vehicle have been paid and have not been refunded partially or fully
Documents showing vehicle’s arrival in Malta (such as ferry ticket,  delivery order, Customs documents if vehicle is imported from a non-EU State)

Evidence of transfer of residence to Malta
Residence Document issued by Department of Citizenship and Expatriates Affairs
Acquisition of property in Malta (including rent agreements, rent payments etc)
Documents relating to transactions carried out in the course of day-to-day living (copies of utility bills, bank or
credit card statements or other expenses, tax returns, social insurance records)

Hope this helps.
Cheers

F0xgl0ve

Perhaps not the same in practice though, as many have found to their cost! 
Ray

GPLW

Slightly off topic, but last Tuesday, on the edge of Paceville, I saw two motorbike policemen talking to the driver of a British registered black Jaguar. About 30 minutes later sitting in a bar at the side of the road in St Julians, I saw the same car on the back of a police tow vehicle. There have been a number of complaints by people with correct Maltese registered cars about the fact that those who are breaking the law with regard to registration are also able to avoid parking and other traffic offence fines. Action does seem to be being taken.

ricky

Well, the hunt is on ! -)))

I was discussing the ticket issue with a local warden giving tickets to local cars but not to foreign plated cars with the same violation.

She told me that they are not to give tickets to foreign cars for the next few weeks. After that there is supposed to be a new regulation coming into force that will include towing/removing foreign plated cars.

There is mounting pressure on the police about this discrimination of local cars.

So , bottom line, with foreign plates at the moment you can park anywhere you want without getting a ticket but if you are in the car and get stopped you have a problem.

The pressure on the authorities is actually coming from foreigners with correctly registered cars and insurance!

So I would be cautious in the future. Especially motorbikes parked on sidewalks(pavements) and white/yellow lines will be easy pray to remove and charge a nice fee !

Cheers
Ricky

Micat22

I came here 5 October 2014 and the car arrived in a container with our belongings 2 weeks later. Me & my husband, with our 3 kids were staying with family while we looked for work and waited for our house to sell. We drove our car in Malta on UK plates until now!! Once the house sold at the beginning of March and we knew I would not have to go back, we applied for our residence cards. In May I went to Malta transport (where they do the driving test) in the car(after calling them a number of time and getting loads of different information). I spoke to a really nice man who immediately did the inspection on the car (luckily I had my V5 doc with me) and he sent me across the road to the main office. He told me I needed to sort the transfer of residence (to get the tax exemption) before I got the residence card & that no-one would tell me that.
On making the application I did say I had been out of Malta with the car a few times (a little white lie I know) & we actually went to Sicily for a day trip a couple of weeks before, so I submitted that as my last entry to Malta with the car. I had to provide proof of the car insurance in the UK for the previous 2 years, proof I was paying bills in the UK up to when the house sold with proof of the house sale (solicitors letter) for the previous 2 years also & details of my UK income. While they were processing everything, I was issued a letter to say the car was ok on UK plates.
Saying that my husband was stopped twice by police and on both occasions he said he'd only been here 2 months and everything was in process (id cards/car reg) - they have no system here to do checks so they let him go!
I dealt with Mr Attard at the department of transport and he was very helpful and yesterday I received the registration tax exemption letter from them. I now have 30 days to register the car.
Take from this what you will - but this is my experience and I'm happy to pass on further info to anyone who needs it. By the way, the residence cards - had to re-submit application in June due to the originals being lost & finally got them mid July!!

Toon

thats good news but everyones experience in this regard is usually different  = there are some horror stories too - so be prepared... as much as you can with Malta s administrative processes.

Micat22

I agree Toon, but one thing I have noticed here is that as a British woman, I have been treated very differently to my husband. Call it feminine charm if you like, but I now deal with everything where we need to contact authorities and so far, we have had positive outcomes. You do have to stroke the Maltese ego somewhat, especially the men, but if it takes a female to get things done - so be it! ha ha...

maltajobport

Hi LeoK,

As a non-resident you have the right to drive your car in Malta using the foreign plates for a period of up to 7 months:

"Road Licence

Every vehicle being driven in Malta must be insured, must be tested regularly for road worthiness in an approved testing station, must have registration plates affixed to the front and back of the vehicle, and must have a valid road licence affixed to the left side of the front windscreen.

Any vehicle being driven in Malta must be registered and licensed with Transport Malta in accordance with the Motor Vehicles Registration and Licensing Act (Cap. 368) and the Registration and Licensing of Motor vehicles (Subsidiary Legislation 368.02). A nonresident may keep a foreign registered vehicle in Malta up to 7 months in a 12 month period."

Quoted from:

http://www.transport.gov.mt/land-transport/driving

I would still get in touch with Transport Malta on 25560000 to make sure that you do not need to complete any forms, but.

Regards

Chris
**

F0xgl0ve

Two things in the regulations seem to leave room for different interpretation and therefore potential problems.
After 3 months you could be considered a Resident and it also states you can keep a vehicle in Malta on foreign plates for 7 months it does not say drive it.
May seem like nit picking but the authorities may interpret the regulations that way which could prove costly!

Ray

tearnet

We have been through the process to gain exemption and had to prove that we had owned the vehicle for more than two years outside of Malta.
We also had to prove when the vehicle arrived and when we applied for residency, bank statements, ferry bookings etc.
However its all a bit pointles as the registration tax has to be paid before you can sell or transfer the vehicle, it is reduced depending on how long it has been register in Malta but the formular is a secret  and  the final figure is reveiled only when you apply for the transfer !

Terry

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