Skip to content
← All claims
Tax · Inheritance · Stamp duty
The claim

Maltese families pay tax on the same property twice — once when it is purchased, and again when it is transferred via inheritance.

Alex Borg · Leader of the Opposition · PN · PN
7 May 2026 · PN press conference · PN HQ · 7 May

Documentary fact on the procedural mechanics. Maltese property purchases attract stamp duty (Duty on Documents and Transfers Act, Cap. 364) — generally 5% of value, with a first-time-buyer exemption on the first €200,000 and various reductions for owner-occupiers, Gozo properties and certain transfers. Inheritance transfers of immovable property also attract duty under the same Act — generally 5%, with reductions for transfers between spouses or to descendants, and for family businesses. So the property is indeed taxed at both events: a purchase and a later inheritance transfer of the same property both trigger duty under Maltese law. Borg's factual claim is correct.

Verdict
True

Documentary fact on the procedural mechanics. Maltese property purchases attract stamp duty (Duty on Documents and Transfers Act, Cap. 364) — generally 5% of value, with a first-time-buyer exemption on the first €200,000 and various reductions for owner-occupiers, Gozo properties and certain transfers. Inheritance transfers of immovable property also attract duty under the same Act — generally 5%, with reductions for transfers between spouses or to descendants, and for family businesses. So the property is indeed taxed at both events: a purchase and a later inheritance transfer of the same property both trigger duty under Maltese law. Borg's factual claim is correct.

TrueMostly true+contextMixed opinionUnprovenMisleadingUnlikelyFalse
Analysis
Editorial note

We tested Borg's claim against the Duty on Documents and Transfers Act (Cap. 364) — the Maltese statute governing stamp duty on property and other transfer events — at the two trigger events the claim references: the purchase event (Article 32) and the inheritance / causa-mortis event (Articles 36-38 and Schedule A).

Verdict lands at True because both events trigger duty under current Maltese law: 5% standard rate on the purchase (with first-time-buyer and other reductions) and 5% standard rate on the inheritance transfer (with spouse/descendant/family-business reductions). The same property is therefore taxed at both events. The deep-dive lays out the statutory references and the rate-reduction matrix; this editorial note is methodology only — it deliberately does not adjudicate whether 'double taxation' is fair or whether inheritance duty is a normal international feature, which is a policy debate outside the fact-check's scope.

TaxInheritanceStamp dutyProperty
Sources
Where this comes from
Duty on Documents and Transfers Act (Cap. 364) — Article 32 (purchase duty)
Primary source. Maltese statute imposing 5% stamp duty on property transfers, with reductions and exemptions.
legislation.mt ↗
Duty on Documents and Transfers Act (Cap. 364) — Articles 36-38 (causa mortis duty)
Primary source. Maltese statute imposing duty on inheritance transfers of immovable property.
legislation.mt ↗
Maltese Inland Revenue / CFR — duty on documents guidance
Primary source. Maltese tax authority guidance on the duty regime for purchases and inheritance transfers.
cfr.gov.mt ↗
Notarial Council of Malta — duty calculation guidance
Primary source. Maltese notarial profession's guidance on duty assessment at both purchase and succession events.
notariesinmalta.com ↗
European Commission — Inheritance and Gift Taxation in EU member states
Reference. EU-comparable inheritance / succession tax frameworks.
taxation-customs.ec.europa.eu ↗
Alex Borg — 7 May 2026 PN HQ press conference
Original Borg statement on inheritance double taxation.
www.pn.org.mt ↗
Original claim
www.pn.org.mt ↗

Does Maltese property really get taxed twice — once on purchase, again on inheritance

The narrow factual claim is testable against the Duty on Documents and Transfers Act (Cap. 364), the Maltese statute that imposes stamp duty on both property purchases and inheritance transfers. Under current law, both events trigger duty on the same property.

Duty at the purchase event

Article 32 of Cap. 364 imposes stamp duty on transfers of immovable property:

  • Standard rate: 5% of the consideration or market value, whichever is higher.
  • First-time buyers: exempt on the first €200,000 of value.
  • Second-time buyers: reduced rate on certain conditions.
  • Urban Conservation Areas: reduced rate.
  • Gozo properties: reduced rate.

The default purchase event triggers duty under the Act. A Maltese family buying a property today pays stamp duty at this point.

Duty at the inheritance event

Articles 36-38 and Schedule A of Cap. 364 impose duty on transfers causa mortis — transfers triggered by death:

  • Standard rate: 5% on immovable property.
  • Transfers between spouses: reduced rate.
  • Transfers to descendants: reduced rate.
  • Family-business share transfers: reduced to 1.5% under recent amendments.

The inheritance event triggers a second duty assessment on the same property. A family that holds property across generations pays duty at each generational transfer.

What this fact-check does not assess

Whether 'double taxation' is a fair characterisation, an injustice, or a normal feature of property-tax systems is a normative political question, not a factual one. EU member-state practice varies: some jurisdictions (Sweden, Austria) have abolished inheritance taxes; some (Italy, Spain, France) apply them at varying rates; Malta applies them via the stamp-duty / capital-transfer-duty framework. The policy debate about whether Malta's framework is appropriate, regressive, or should be reformed sits outside this fact-check. The narrow factual question — does the same property get taxed at both purchase and inheritance under current Maltese law — is the one we test.

So is the claim accurate?

Yes. The Duty on Documents and Transfers Act imposes duty at both events. A Maltese family that purchases a property and later passes it on through inheritance pays duty under the Act on both occasions. The procedural mechanics are documented in Maltese statute.

Verdict: True.