DAC8 Reporting in Malta: Practical Guide

Malta has positioned itself as one of the EU's most proactive jurisdictions in regulating digital assets, having introduced the Virtual Financial Assets (VFA) Act in 2018. The Commissioner for Revenue (Kummissarju ghat-Taxxi) is expected to be the competent authority for DAC8 reporting. This guide provides practical information for crypto-asset service providers (CASPs) operating in Malta, with particular attention to Malta's established crypto-friendly regulatory environment.

Overview

DAC8 extends the EU's automatic exchange of information framework to crypto-asset transactions. Malta's early adoption of a crypto-asset regulatory framework means that many CASPs already operate under Maltese licensing, and these entities should prepare for DAC8 reporting obligations. Malta's existing infrastructure for CRS and FATCA reporting, combined with its experience regulating digital assets through the Malta Financial Services Authority (MFSA), may provide a relatively well-prepared environment for DAC8 implementation.

Competent Authority

The Commissioner for Revenue (Kummissarju ghat-Taxxi) is the competent authority for tax administration in Malta, including international exchange of information under CRS and FATCA. The Commissioner is expected to receive and process DAC8 reports. The Ministry for Finance and Employment oversees tax policy and EU directive transposition.

Detail	Information
Authority name	Commissioner for Revenue (Kummissarju ghat-Taxxi)
Parent ministry	Ministry for Finance and Employment
Official gazette	Government Gazette (Il-Gazzetta tal-Gvern)
Tax ID format	TIN — format varies; typically the Malta ID card number for individuals
Official languages	Maltese and English (both official)

Key Requirements

CASPs should prepare to report the following under DAC8:

• Reportable users: Individuals and entities tax resident in EU member states who conduct reportable crypto-asset transactions through the CASP.
• Transaction types: Crypto-to-fiat exchanges, crypto-to-crypto exchanges, and transfers of reportable crypto-assets are typically in scope.
• Data elements: Full name, address, date of birth, TIN (Malta ID card number for Maltese individuals), transaction gross amounts, number of units, and crypto-asset identification.
• Due diligence: Self-certification procedures and TIN validation should be implemented as specified under DAC8.
• VFA Act alignment: CASPs already licensed under Malta's VFA Act may find that some of the data collection requirements overlap with their existing regulatory obligations. However, DAC8 reporting is a separate obligation and should not be assumed to be automatically covered by VFA compliance.

Submission Process

The Commissioner for Revenue has established electronic filing systems, and DAC8 submissions are expected to be handled through digital channels.

• Format: Reports should follow the OECD CARF XML schema as mandated by DAC8. The Commissioner for Revenue may publish supplementary technical guidance for Maltese submissions.
• Language: Tax administration in Malta is conducted in both Maltese and English, which may simplify compliance for international CASPs. XML data fields should follow international conventions.
• Submission channel: The Commissioner for Revenue may integrate DAC8 reporting into the existing CFR Online Services portal, which is used for CRS and other tax filings. The exact submission method is to be confirmed.
• Tax registration: Reporting entities will need a Maltese tax registration number and access to the CFR Online Services platform.

Important Dates

• Transposition deadline: December 31, 2025 (directive must be incorporated into Maltese law)
• Data collection begins: January 1, 2026 (reporting entities should start collecting relevant data)
• First reporting period: Calendar year 2026
• First reports due: 2027 (exact date to be confirmed by the Commissioner for Revenue)

Practical Tips

• Register with CFR Online Services: Ensure your entity is registered with the Commissioner for Revenue and has access to the CFR Online Services portal for electronic submissions.
• Monitor the Government Gazette: All implementing legislation will be published in Malta's Official Gazette. Check regularly for relevant legal notices and subsidiary legislation.
• Leverage English-language administration: Malta's bilingual (Maltese/English) tax administration may simplify compliance for international CASPs already operating in English.
• Distinguish VFA and DAC8 obligations: If your CASP is licensed under the VFA Act, do not assume that existing regulatory data collection automatically satisfies DAC8 requirements. Review DAC8 obligations separately and identify any gaps.
• Collect Malta ID numbers accurately: For Maltese-resident users, ensure your systems can capture and validate the Malta ID card number format used as a TIN.
• Coordinate with MFSA: The Malta Financial Services Authority (MFSA) oversees VFA licensing and is expected to manage MiCA authorisation. Be aware of potential coordination requirements between DAC8 reporting and MFSA regulatory obligations.
• Plan for transition from VFA to MiCA: As Malta transitions from its national VFA framework to the EU-wide MiCA regime, CASPs should monitor how this affects their licensing status and, consequently, their DAC8 reporting obligations.
• Engage local professionals: Consider working with Maltese tax advisors and compliance professionals experienced in both the VFA framework and international exchange of information.

Important Notice

This guide provides general information about DAC8 reporting in Malta. Requirements may change as the directive is transposed into national law. The information presented here should not be considered definitive legal or tax advice. Penalties for non-compliance vary by member state and are determined by national legislation. Always consult the Commissioner for Revenue and the Ministry for Finance and Employment for the latest official requirements. For specific compliance questions, seek advice from qualified Maltese tax and regulatory professionals.