I recently wrote to Dr Tonio Borg asking him to justify the car registration tax in Malta. I have written again as I have not received a reply. To advise him, I am now taking this matter to the European Union via the “Solvit!” procedures. At this stage I invite your readers to provide me with some facts based on the following four positions.
Since accession in 2004, have you...
1. As a Maltese citizen, been obliged to pay car registration tax on a vehicle whose taxes have been properly paid in another EU country?
2. As a non-Maltese citizen but a resident of Malta (for example, retired) been obliged to pay car registration tax on a vehicle whose taxes have been fully paid in another EU country?
3. As a non-Maltese citizen who is non-resident in Malta (for example because of business and personal reasons) been obliged to pay car registration tax whose taxes have been fully paid in another EU country?
4. And finally, have you, like any of the above, been compelled by the authorities to remove your cars from Malta even though all car taxes had already been fully paid in another EU country? In which case have you suffered a financial loss of any kind because of this forced repatriation of your property to another EU country?
I have advised your Minister for Justice and Home Affairs and your Prime Minister that in my view, any car registration tax imposed since accession in 2004 is unlawful. (Only a tax on the actual use of the vehicle is permitted. Double taxation is not, as it interferes with the freedom of movement of EU citizens). Having heard nothing to justify the Maltese government’s position I am therefore inviting your readers to provide me with all the documentary evidence they hold, which I can then refer to the Solvit Office of the EU, now set up in Malta.
I cannot deal with every single case but I propose simply to take the best example I find of apparent maladministration in each of the above categories and use each one as a test case. Once a decision has been reached on each type of case then your readers will be in a better position, I hope, to challenge the government’s position and where appropriate petition for compensation. The documentary evidence I must have include these items with the complete registration plate history of the car in question.
A letter of authority from any government agency denying your right to hold an EU car in Malta without paying the car registration tax.
A letter of authority from any government agency which demands a car tax payment (no matter what wording has been used to describe/disguise such a one off payment).
Evidence about any payments made in this respect. (Receipts issued by government agencies would be vital with any other documents you hold supporting your claim that monies paid have indeed been paid in respect of the car registration tax).
Any other supporting evidence you may have – including exchanges of correspondence between you and any government agencies regarding the demand for and the payment of the car registration.
I would also be interested to hear from anyone who has been advised by any Maltese insurance companies that they would not insure a Maltese registered vehicle – previously registered in another EU country. And/or that their EU insurance company has refused to continue to underwrite the risk should the car in question be re-registered with a Maltese number plate in the Maltese Islands.
So if you feel strongly about this issue and can supply me with the necessary evidence then I shall, in confidence, choose the best examples I can find. And use each one as a test case. I am mindful of the risk that I might be overwhelmed by paper work here (and at the Zejtun post office) but given the importance of this issue and the angst it is creating for so many people, I am prepared to take that risk.
Firm evidence only please, should be posted to me with your name, address and telephone number details so I can at least call to confirm receipt of your paper work as quickly as possible. My address here is 37, Triq Xejba, Zejtun, Malta. I hope to update you and your readers periodically on progress once the process is in full swing.
Michael Frank Owen
ZEJTUN