Mercedes owner demands refund of VAT paid on importation
A man who imported a Mercedes saloon car in 2007 yesterday filed a judicial protest against the authorities claiming a refund of the VAT he had paid on importation.
The action appears to be the first by a private individual after the European Commission last week suggested that people could ask the courts to decide on a refund of the VAT they paid on the registration of their vehicle since Malta joined the EU in 2004.
The government insisted that the tax was not illegal and accused Labour, which has been arguing that the government should refund the VAT charged over the years, of being irresponsible when it lead people to believe they were somehow eligible for an automatic refund.
Finance Minister Tonio Fenech insisted the government was not in breach of EU laws. The Labour Party and Alternattiva Demokratika said they would institute legal action on behalf of affected people.
Michael Camilleri, the owner of a Mercedez C Class, paid about €2,000 in VAT for the importation of his car, which he drove to Malta from the UK, where he used to live.
He imported the car in September 2007 but did not pay the registration tax until December 2008, only to find out, in January, that the tax regime changed and he could have been spared the VAT.
In his judicial protest, he called on the Finance Minister, the VAT Commissioner and the Malta Transport Authority to refund the VAT he had paid and held them liable in damages.
He claimed that the VAT he had paid was in violation of European law and case law following a judgment delivered by the European Court of Justice.
Lawyer Josè Herrera signed the protest.
13 Comments
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S. Calleja
Mar 7th 2009, 01:00
@ L Galea
b.hawkes says that the Maltese Islands are beautiful, and I wholeheartedly agree. Unfortunately, just like you suggested, I'll be emigrating soon. I really can't stand the racism, the political and the religious fanaticism any longer. I was planning to invest in my business in Malta, maybe create a few jobs, since I know Maltese people are good workers (having been one myself). We give too much importance to senseless competition, whether it's village feasts, football, politics or our favourite saint. Because we are so religiously fanatic, our children are losing touch of morality since they're not getting the gist of what religion is about. I don't want my children to be brought up in such a close minded environment. I want my children to treat all persons with equal dignity and to respect people with different believes. Education in Malta is also poor. Only academic subjects and very little life topics, raising them shy people and afraid to speak up for themselves, with poor public speaking skills. Our greatest ambition is to dress up at carnival.
Thank you Malta. I've moved on, but you haven't. So sorry Malta, so long.
L..Galea
Mar 5th 2009, 08:29
b.hawkes
You are free to leave anytime if you are fed up.
joseph cachia
Mar 4th 2009, 23:45
BERT HAWKES. MALTA is MALTA , pls don't mix up with Britain.
You are our guest. If you don't like our way of living, which is far more rich than the one you know and used to, then you know where the AIRPORT is.
Please enjoy our hospitality and the sun in MELLIEHA, but don't poke your nose in our affairs.
Joseph Cachia Zeitun
Jesomd Micallef. Send the Malta VAT invoice to Min.of FInance where you bought the car and you will have the VAT paid refunded.
L..Galea
Mar 4th 2009, 23:20
Joe Vella (Mellieha.)
Simply referring to the past will not exonerate your Gonezpn government from its arrogance and mistakes.
b.hawkes
Mar 4th 2009, 19:34
Here we go again its only in Malta that Politics is first and foremost...for god sake give it a rest, who the hell care about bloming politics any road, you m=Maltese seems to eat dink and sleep politics have't you guys nothing else to talk about? What about a good international,or spol yourselves and go out to dinner or wahtever turns you on, but this politc lark is getting up my nose now after 5 months residing in your BEAUTIFUL ISLANDS
Bert Hawkes Malta and Great Britain(ENGLISH)
Joe Vella (Mellieha.)
Mar 4th 2009, 17:04
@ Alex McArthur
"I can see a vast majority of the Maltese going for this in a big way as to my mind this will not only lead to achieving what they are entitled to but also lead the path for further protests against other matters concerning unfair treatment."
The Party in Government have no objection in those that they fell at the end of "Unfair Treatment to seek redress at the EU level. One of the reasons that the Party in Government wanted Malta in the EU is to make sure that the rights of the Citizens are safeguarded and not trampled upon as in the past.
One more thing, it was the MLP/PL that suspended the Constitutional Court when individuals Maltese tried to seek redress in front of it.
Jesmond Micallef
Mar 4th 2009, 15:49
I bought a new car from overseas some 5 years ago. I had already paid VAT at the country of purchase !! Upon coming to Malta in Februray 2005, I ended up paying VAT again !!
The VAT I paid in Malta was based upon the total amount of money I paid for the car at the country of purchase !!! Double VAT...............How can one pay Value Added Tax on Value Added Tax ??
Duncan Sant
Mar 4th 2009, 14:26
Aren't court fees paid by the party at fault??
J.Mamo
Mar 4th 2009, 13:26
Well said Sir, Mr.McArthur, at least we got some sensible people amongst us who know right from wrong, incidently alot of comments have been added lately to this blog, but i don't see any answers coming out from the horses's mouth, meaning the government themselves are they so afraid not to answer or put their foot in it. They however themselves do not even know what to answer to all these questions fired at them. The mind boggles even more as time goes by, its getting up people's noses waiting to see if the government will badge and come down a level ot two inline with the people of this country. ....... John Mamo..
Charles Sammut
Mar 4th 2009, 12:28
Anyone want to take bets that court registry fees will shoot up to discourage more people standing for their rights? This is how this arrogant administration operates.
You have the courts for redress but you can't afford it and if you can it will take you the rest of your life!
Alex McArthur
Mar 4th 2009, 11:27
i can see a big revolt against this present Maltese government and i certainly wouldn't like to be in his shoes,still thats what one get when the tendency to be greedy gets way over the top and the public is cheated, as the saying goes in England, rather you then me Jack. I can see a vast majority of the Maltese going for this in a big way as to my mind this will not only lead to achieving what they are entitled to but also lead the path for further protests against other matters concerning unfair treatment. From my experience as an outsider and a EU citizen its not going to be an an easyride but hopefully there will be a U-turn infavour of the Maltese who were unjustly treated by the fat cats in power.i know for certain that this would not happen in Britain,PLEASE DON NOT RETURN A COMMENT BY SAYING :yes! but this is Malta, grant you but we already know that because i too was cheated for a vast amount that i could have easily have bought another vehicle back home with the amount i dished out to the ADT> Amen.
Oisin Jones-Dillon
Mar 4th 2009, 09:55
In this regard, see:
http://www.adgozo.com/?news=3048&section=EVENTS&type=EVENT
V.Micallef
Mar 4th 2009, 09:44
This is only the beginning. Others will follow. Ok, queue up, guys.