114 tal-2006 - Regolamenti tal-2006 li jemendaw ir-Regolamenti dwar Skema għal Residenti

L.N. 114 of 2006

INCOME TAX ACT

(CAP. 123)

Residents Scheme (Amendment) Regulations, 2006

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

Income Tax Act, the Prime Minister and Minister of Finance has made

the following regulations>-

The title of these regulations is the Residents Scheme Title.

(Amendment) Regulations, 2006 and they shall be read and construed

as one with the Residents Scheme Regulations, 2004, hereinafter referred L.N. 428 of 2004.

to as “the principal regulations”.

Regulation 5 of the principal regulations shall be amended as Amends regulation

5 of the principal

follows>

regulations.

(a) the present provision of the regulation shall be

renumbered as sub-regulation (1) thereof< and

(b) immediately after sub-regulation (1) thereof, as

renumbered, there shall be added the following new sub-regulation>

“(2) Applications for which a certificate under these

regulations has not been issued prior to the publication of

this sub-regulation shall also conform with the requirements

of regulation 10 of these regulations.”.

In paragraph (c) of regulation 7 of the principal regulations, Amends regulation

for the words “leased property” there shall be substituted the words 7 regulations.

“leased immovable property”.

Immediately after regulation 9 of the principal regulations, Adds

regulation 10

there shall be added the following new regulation>

to the principal

regulations.

(1) In this regulation, unless the context otherwise

“Diplomatic

Missions.

requires>

“applicant” means a person of non-Maltese

nationality who is applying for a residence permit<

“application form” means the prescribed form under

these regulations to be filled in when requesting a

residence permit<

“country of nationality” means the country of

nationality of the applicant<

“Diplomatic Mission” means the Missions

representing the Government of Malta in foreign territory

as may be designated from time to time<

“supporting documents” means the documents

required by the Commissioner in accordance with these

regulations.

(2) (a) Where Malta has a resident Diplomatic

Mission in the country of nationality, the application form,

together with the supporting documents, shall be deposited,

in person, by the applicant, at the said resident Diplomatic

Mission. The applicant shall be required to undergo a

mandatory interview.

(b) The mandatory interview shall be held at the

resident Diplomatic Mission and shall be conducted by

officials at the resident Diplomatic Mission.

(3) In the case where Malta has no resident Diplomatic

Mission in the country of nationality, the application form,

together with the supporting documents, shall be sent, either

to the Malta Diplomatic Mission accredited to the country of

nationality or, directly to the Commissioner. The use of an

intermediary or agent is permissible only in those instances

where the application form together with the supporting

documents are sent directly to the Commissioner.

(4) A telephone interview may be conducted by the

Commissioner in the instances provided for in sub-regulation

(3) hereof.

(5) All the supporting documents, deposited with the

application, must be certified original documents.

Furthermore, a warranted notary public of the country of

nationality shall attest that the information contained therein

is correct. All supporting documents shall be legalised by the

Ministry of Foreign Affairs of the country of nationality and

counter-legalised by an official of the Malta Diplomatic

Mission in the country of nationality. For this purpose, the

Malta Diplomatic Mission in the country of nationality shall

periodically ascertain, by virtue of a Note Verbale, that any

officer legalising the supporting documents are truly officials

pertaining to the Ministry of Foreign Affairs of the country

of nationality.

(6) In the case where Malta has no Diplomatic Mission

in the territory of the country of nationality and the application

form and related documentation are received by the Malta

Diplomatic Mission accredited to the country of nationality,

the process of verification as to the legalisation of documents

by the Ministry of Foreign Affairs of the country of nationality,

shall be made prior to the counter-legalisation by the

accredited Diplomatic Mission. For this purpose, the

accredited Diplomatic Mission shall also periodically

ascertain, by virtue of a Note Verbale, that any officer

legalising the documents are truly officers pertaining to the

Ministry of Foreign Affairs of the country of nationality.

(7) In the instances where Malta does not have a

Diplomatic Mission and the Commissioner is in receipt of

the application form and supporting documents through an

agent or intermediary, the Commissioner shall in the first

instance inform the agent or intermediary that the supporting

documents require the counter-legalisation of the Malta

Ministry of Foreign Affairs>

Provided that where the Legalisation Unit of the Malta

Ministry of Foreign Affairs is not in possession of the required

specimen signature, the Malta Ministry of Foreign Affairs

shall ascertain, by virtue of an exchange of Notes Verbale,

that the necessary legalisation of the supporting documents

was affected by an official of the Ministry of Foreign Affairs

of the country of nationality.

(8) The Commissioner shall not receive any

application, unless the pertinent supporting documents have

been duly legalised by the Ministry of Foreign Affairs of the

country of nationality and counter-legalised by the Malta

Diplomatic Missions or the Legalisation Unit of the Malta

Ministry of Foreign Affairs, as the case may be.

(9) An administrative fee of Lm50, or their equivalent

in foreign currency, shall be charged by the Malta Diplomatic

Mission for the processing of the application and its

transmission to Malta. The Malta Diplomatic Mission shall

issue an official receipt against payment of the administrative

fee. The fee shall be non-refundable, even in those instances

where an application is refused.

(10) The refusal or acceptance of a residence permit

remains the ultimate responsibility of the Commissioner.

Malta Diplomatic Missions shall have no authority to refuse

or accept a residence permit.”.

5. In Schedule B to the principal regulations, for the words

Amends Schedule B

to the principal

“(Regulation 8)” there shall be substituted the words “(Regulation 7)”.

regulations.

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