S.L. 406.10 Art. 6Personseligiblefor a refund.

(1) To be eligible for a refund, a taxable person not established in Malta has to carry out transactions giving rise to a right of deduction in the Member State of establishment.

(2) When a taxable person not established in Malta carries out in the Member State in which he is established both transactions giving rise to a right of deduction and transactions not giving rise to a right of deduction in that Member State, only such proportion of the VAT which is refundable in accordance with regulation 5 may be refunded by the Commissioner as is attributable to the former transactions in accordance with Article 173 of Directive 2006/112/EC as applied by the Member State of establishment.