Highly Qualified Persons (Amendment) Rules, 2012

L.N. 306 of 2012

INCOME TAX ACT

(CAP. 123)

Highly Qualified Persons (Amendment) Rules, 2012

IN exercise of the powers conferred by articles 56(21) and 96 of

the Income Tax Act, the Minister for Finance, the Economy and

Investment has made the following rules:-

(1)

The title of these rules is the Highly Qualified Title and

Persons (Amendment) Rules, 2012, and these rules shall be read and commencement.

construed as one with the Highly Qualified Persons Rules, hereinafter S.L.123.126.

referred to as "the principal rules".

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

st January, 2012.

In sub-rule (1) of rule 2 of the principal rules, immediately Amends rule 2

after paragraph (b) of the definition "competent authority" there shall of

rules.

be added the following new paragraph

"(c) the Authority for Transport in Malta

established in terms of article 5 of the Authority for

Cap 499.

Transport in Malta Act, in respect of any employment

or office with any undertaking holding an air

operators’ certificate issued in terms of article 4 of the

Civil Aviation (Air Operators’ Certificates) Act;".

Rule 7 of the principal rules shall be amended as follows

Amends rule 7

of the principal

rules.

(a)

in sub-rule (1) thereof, for the words "his duties in

Malta." there shall be substituted the words "his duties in

Malta:" and immediately thereafter there shall be inserted the

following new proviso

"Provided that in the case of persons

employed with undertakings holding an air operators’

certificate issued by the competent authority, the option

available under article 56(21) of the Act shall not be

exercised by any person who was employed prior to the 1 st

January, 2012.";

(b)

in sub-rule (2) thereof immediately after the words

"A person referred to in rule 6(1),", there shall be inserted the

words "other than a person employed with an undertaking

holding an air operators’ certificate issued by the competent

authority,"; and

(c)

in sub-rule (3) thereof, immediately after the words

"A person referred to in rule 6(2),", there shall be inserted the

words "other than a person employed with an undertaking

holding an air operators’ certificate issued by the competent

authority,".

The Schedule to the principal rules shall be amended as

follows

(a)

the sub-title thereof shall be substituted by the

following

"Employments with companies licensed and/or

recognised by the competent authority or with

undertakings holding an air operators’ certificate issued by

the competent authority, consisting in the following

employments or offices:";

(b)

in paragraph (a) thereof, immediately after the

words "Chief Operations Officer", there shall be inserted the

words "(including Aviation Accountable Manager)"; and

(c)

in paragraph (b) thereof, immediately after the

words "(including Search Engine Optimisation and Systems

Architecture)," there shall be added the words "Aviation

Continuing Airworthiness Inspector, Aviation Flight Operations

Inspector and Aviation Training Manager,".

€0.18