428 tal-2004 - Regolamenti tal-2004 dwar Skema għal Residenti

L.N. 428 of 2004

INCOME TAX ACT

(CAP. 123)

Residents Scheme Regulations, 2004

BY virtue of the powers conferred by articles 56(10) and 96 of

the Income Tax Act, hereinafter referred to as “the Act”, the Prime

Minister and Minister of Finance has made the following

regulations>-

(1) The title of these regulations is the Residents Scheme Title and

commencement.

Regulations, 2004.

(2) These regulations shall be deemed to have come into

force on the 1 st May, 2004.

(Regulation 5)

INCOME TAX ACT

(CAP. 123)

Application under the Residents Scheme Regulations, 2004

Applicant’s Details

Surname

Forename(s)

Maiden Surname

Nationality

Date of Birth

Passport/Identity Card No

Place of Birth

Place and Date of Issue

Father’s Name

Mother’s Name andMaiden Surname

Marital Status

Maltese Income Tax Registration No. (if

applicable)

Tax Identification No. in

Residence country

Postal Address of Applicant

Representative’s Local Address (if

applicable)

Tel. No.:________

Fax No:_________

E-mail:________

Personal

Representative: Tel. No.:________

Fax No.:________

E-mail:________

(if applicable)

B

Spouse Details (if applicant is married)

Surname

Forename(s)

Maiden Surname

Nationality

Date of Birth

Passport/Identity Card No

Place of Birth

Place & Date of Issue

Father’s Name

Mother’s Name andMaiden Surname

Details of dependants

(Sons and daughters under 21, parents or grandparents financially

dependant on applicant)

Relationship

Surname

Forename

Nationality

Date of Birth

to applicant

1.

2.

3.

4.

5.

6.

7.

8.

9.

(1) For the purposes of these regulations and under the Certificate by the

Commissioner.Cap.

powers conferred upon him by the delegation issued by the Minister 217.

responsible for immigration in terms of article 26 of the Immigration

Act, the Commissioner may issue a certificate which shall be deemed

to constitute a permit issued in terms of article 7 of the Immigration

Act, to individuals who satisfy the conditions established under these

regulations.

(2) Any permit issued under article 7 of the Immigration

Act prior to the coming into force of these regulations shall be

deemed to constitute a certificate issued under this regulation and

the provisions of paragraphs (a), (b) and (c) of regulation 3 of these

regulations shall also apply thereto.

(3) Without prejudice to the provisions of sub-regulation

(2) hereof, the conditions applicable to any permits issued as

aforesaid relating to income tax shall continue to be those which

were applicable in respect of the said permits immediately prior to

the coming into force of these regulations.

(Regulation 8)

INCOME TAX ACT

(CAP. 123)

Notice of Residence to the Commissioner under

the Residents Scheme Regulations, 2004

Income Tax Number ________________

Residence Certificate No.__________

Certificate Date __/__/____

I _____________________ do hereby declare that I arrived and took up residence in

Malta on ___/___/_____. My present address in Malta is

I agree and accept all the conditions attached to the Residence Certificate Permit

issued under the Residents Scheme Regulations, 2004.

I authorise ________________________ [tax reference/ID No. _________ ]

Address:____________________________________________________________,

to act as my tax representative.

Signature

Name in full: _______________________

Date: ___/___/______

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

A certificate issued by the Commissioner on or after the 1 st Conditions.

May, 2004 in accordance with regulation 2 hereof shall entitle the

holder of such certificate to reside, settle or stay indefinitely in Malta,

sohowever that>-

(a) the said certificate shall not entitle the holder thereof

to any of the rights mentioned in the Immigration Regulations,

2004 (hereinafter referred to as “the Immigration Regulations)<

(b) any citizen of the Union as defined in the Immigration

Regulations, may at any time opt to renounce to such certificate

and apply for a residence permit or a residence document under

the Immigration Regulations, in which case the provisions of

those regulations shall apply< and

(c) the certificate shall be monitored annually and it shall

be considered to have been withdrawn if the holder thereof

infringes any provision of these regulations or of†the Income

Tax Acts.

Any rights conferred upon an individual through a permit

issued under article 7 of the Immigration Act or through a certificate

issued under these regulations shall not extend to any other person

except the individual’s dependants as defined in the Immigration

Act.

Applications for a certificate issued under these regulations

shall be made on the form set out in Schedule A to these regulations

and contain the information and documents therein requested.

For the purposes of these regulations and without prejudice

to any rights and duties emanating from the Immigration Regulations

and unless any individual is already in possession of a residence

document or a residence permit issued under the†Immigration

Regulations, such individual may apply for a certificate issued under

regulation 2 hereof only if he>

(a) does not fall under paragraph (a) of sub-article (1) of

article 4 of the Immigration Act<

(b) provides documentary proof that he can bring into

Malta an annual income of not less than Lm6,000 in his respect

and a further Lm1,000 in respect of each dependant, provided

that in determining the amount of the annual income brought

into Malta no consideration whatsoever shall be taken of any

income which is re-transferred out of Malta< and

(c) provides documentary proof that from the date of the

application referred to in regulation 5 onwards he has either an

annual income of not less than Lm10,000 arising outside Malta

or has in his possession a capital of not less than Lm150,000.

The certificate shall be deemed to have been withdrawn Withdrawal

certificate.

with immediate effect if the holder of the certificate>

(a) is issued with a residence permit or a residence

document in terms of regulation 9 of the Immigration

Regulations<

(b) does not take up residence in Malta within twelve

months of the date of issue of the certificate and does not, within

fifteen days of taking up residence in Malta, give notice to the

Commissioner on the form as set out in Schedule B to these

regulations, containing the information and documents

requested therein<

(c) does not produce evidence that within twelve months

of taking up residence in Malta he has purchased a flat at a cost

of not less than Lm30,000 or a house of not less than Lm50,000

or taken on a leased property at not less than Lm1,800 per

annum<

(d) does not comply with the provisions of sub-regulation

(5) of regulation 9 of these regulations<

(e) does not continue to comply with the provisions of

paragraph (c) of regulation 6 of these regulations.

(1) Where the conditions set out in regulation 6 have Applicability of

been satisfied and the holder of the certificate brings into Malta the article

56(10)(a)(ii) and

amount of income referred to in paragraph (b) of that regulation, (b) of the Act.

sub-paragraph (ii) of paragraph (a), and paragraph (b), of article

56(10) of the Act shall apply.

(2) For the purposes of the provisions of sub-regulation

(1) hereof, in determining the amount of the annual income brought

into Malta no consideration whatsoever shall be taken of any income

which is transferred again out of Malta.

(1) The Commissioner shall notify the applicant or his Approval of

application, issue

representative in writing that his application referred to in regulation of certificate and

5 hereof has been approved and the said applicant shall, within thirty payment of

taxL.N. 48 of

days from the date of such notification, make a payment to the 2000.

Commissioner equivalent to the minimum amount of tax that is due

in terms of article 56(10)(a)(ii) of the Act.

(2) Upon the payment referred to in sub-regulation (1)

hereof the Commissioner shall, within thirty days, issue to the

applicant the certificate referred to in regulation 2 hereof.

(3) The payment referred to in sub-regulation (1) shall

be available as a credit for the year in which the applicant takes up

residence in Malta.

(4) Where as a result of an individual not taking up

residence in Malta within twelve months of the issue of a certificate

such certificate is deemed to have been withdrawn, an amount not

exceeding one thousand three hundred Maltese liri of the tax paid

by the said individual in accordance with sub-regulation (1) hereof

shall be refunded to such individual.

(5) Notwithstanding the provisions of the Payment of

Provisional Tax (P.T.) Rules, 2000, the P.T. benchmark with respect

to provisional tax payable on account of the year immediately

following that in which an applicant has taken up residence in Malta,

shall be equivalent to the minimum amount of tax that is due in

terms of article 56(10)(a)(ii) of the Act and shall be payable within

the times prescribed in rule 5 of the Payment of Provisional Tax

(P.T.) Rules, 2000.

B

B

Documentary Evidence to be produced with this application

Checklist of Documents Attached

√

Bankers’ Certificate or equivalent

Conduct Certificate/s

Marriage Certificate/s or Full Birth Certificate/s

Lease Agreement or Deed of Purchase of Immovable Property in

Malta (where applicable)

Declaration (if dependants on application include parents or

grandparents)

Three (3) recent passport size photographs of each person mentioned

on application.

Declaration

I declare that

all the information given in this application is true, complete and correct

I am aware that the Commissioner of Inland Revenue has the right, as permitted

by law, to verify the information given on this form

I bind myself to inform immediately the Commissioner of Inland Revenue of

any change in circumstances by means of a new application.

Signature of applicant

Full Name and Surname

(In Block Letters)

Date ___/___/____

B