104 tal-2009 - Regoli tal-2009 li jemendaw ir-Regoli dwar Kreditu ta’ Taxxa li jingħata lil Nisa li Jirritornaw għal Impjieg

L.N. 104 of 2009

INCOME TAX ACT

(CAP. 123)

Tax Credit (Women Returning to Employment)

(Amendment) Rules, 2009

BY virtue of the powers conferred by article 96 of the Income

Tax Act, the Minister of Finance, the Economy and Investment has

made the following rules: -

(1) The title of these rules is the Tax Credit (Women

Returning to Employment) (Amendment) Rules, 2009 and they

shall be read and construed as one with the Tax Credit (Women

Returning to Employment) Rules, 2005, hereinafter referred to as

“the principal rules”.

(2) These rules shall be deemed to have come into force

as from the year of assessment 2009.

For rule 2 of the principal rules there shall be substituted

the following

2. These rules apply in any one of the following

“Applicability.

cases

(a) where a woman, who has not attained

the statutory retirement age and who returns to

employment on or after the 1st January, 2008 after

having been absent from any gainful occupation

for at least five years immediately preceding the

date of the said return to employment and who has

never been, prior to the date of the said return to

employment, in receipt of a pension in view of past

employment and who, moreover, had previously

been in employment for at least twenty-four

consecutive months; or

(b) where a woman has a child or children

who is or are under sixteen years of age and returns

to employment on or after the 1st January, 2008 after

having been absent from any gainful occupation for

at least five years immediately preceding the date of

the said return; or

(c) where a woman has a child or children

born on or after the 1st January, 2007 and continues

in employment, or returns to employment on or after

the 1st January, 2007.”.

Rule 3 of the principal rules shall be amended as follows

(a) in subarticle (1) thereof

(i) in paragraph (a) thereof, for the words “Subject

to the provisions of rule 4, any woman” there shall be

substituted the words “Any woman”, and for the words

“one thousand and six hundred and thirty-one euros

(1,631)” there shall be substituted the words “two

thousand euro (2000)”, and for the words “from the said

employment.” there shall be substituted the words “from

the said employment:”;

(ii) immediately after paragraph (a), there shall be

added the following proviso

“Provided that in the case of applicability under rule

2(b) or 2(c), a woman shall benefit from a tax credit as

aforesaid in respect of every child as mentioned in rule

2.”;

(iii) in paragraph (b) thereof, for the words “against

her spouse’s income.” there shall be substituted the words

“against her spouse’s income:”;

(iv) immediately after paragraph (b), there shall

be added the following provisos

“Provided that in the case of a woman who qualifies

under rule 2(b) or 2(c), the tax credit may be availed of

over a number of consecutive years not exceeding the

number of children plus one but shall in any case not

exceed €2000 in any one year

Provided further that where a woman is availing

herself of the tax credit as aforesaid after qualifying under

rule 2(a) or 2(b) and becomes entitled to a further tax

credit under rule 2(c), the new tax credit shall commence

in the final year in which the tax credit under rule 2(a) or

2(b) is available but shall not exceed €2000 in any one

year

Provided also that in the case of a woman who

qualifies under rule 2(c) in the year 2007, the tax credit

shall commence from the year of assessment 2009.”;

and

(b) in subarticle (2) thereof

(i) in paragraph (a) thereof, for the words

“Subject to the provisions of rule 4, any woman” there

shall be substituted the words “Any woman”, and for

the words “one thousand and six hundred and thirty-

one euros (1,631)” there shall be substituted the words

“two thousand euro (2,000)”, and for the words “her

employment income.” there shall be substituted the words

“her employment income:”;

(ii) immediately after paragraph (a), there shall be

added the following proviso

“Provided that in the case of applicability under rule

2(b) or 2(c), a woman shall benefit from a tax credit as

aforesaid in respect of every child as mentioned in rule

2.”;

(iii) in paragraph (b) thereof, for the words “return

to employment occurs.” there shall be substituted the

words “return to employment occurs:”;

(iv) immediately after paragraph (b), there shall be

added the following provisos

“Provided that in the case of a woman who qualifies

under rule 2(b) or 2(c), the tax credit may be availed of

over a number of consecutive years not exceeding the

number of children plus one but shall in any case not

exceed €2,000 in any one year

Provided further that where a woman is availing

herself of the tax credit as aforesaid after qualifying under

rule 2(a) or 2(b) and becomes entitled to a further tax

credit under rule 2(c), the new tax credit shall commence

in the final year in which the tax credit under rule 2(a) or

2(b) is available but shall not exceed €2,000 in any one

year

Provided also that in the case of a woman who

qualifies under rule 2(c) in the year 2007, the tax credit

shall commence from the year of assessment 2009.”.

€0.37