Highly Qualified Persons (Amendment) Rules, 2021

L.N. 29 of 2021

INCOME TAX ACT

(CAP. 123)

Highly Qualified Persons (Amendment) Rules, 2021

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

of the Income Tax Act, the Minister responsible for finance, has made

the following rules:-

(1) The title of these rules is the Highly Qualified Title and

Persons (Amendment) Rules, 2021, 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 come into force on 31 st

December, 2020.

Rule 6 of the principal rules shall be amended as follows

Amends rule 6

of the principal

rules.

(a) in sub-rule (4) thereof, the words "either – (a)

physically stays in Malta, in the aggregate, for more than 1,460

days unless such stay is in accordance with an extension granted

in terms of sub-rule 5 of this rule; or (b)" shall be deleted; and

(b) sub-rule (5) thereof, shall be substituted by the

following

"(5) Notwithstanding anything to the contrary

contained in these rules, but subject to rule 14, any person

who falls under the provisions of sub-rule (1) or (2),

irrespective of whether he has opted to benefit from the

provisions of these rules or otherwise, upon submitting an

application, shall be eligible to two further extensions of

four or five years, as the case may be, for his qualifying

period, subject to the continued adherence to the other

provisions of these rules

Provided that, this extension shall not be

available to any person who was resident in Malta prior to

the 1 st January 2008, and that the maximum qualifying

period shall not exceed a consecutive period of twelve or

fifteen years, as the case may be, in the case of a person

who is not domiciled in Malta, commencing from the year

preceding the first year of assessment in which that person

is first liable to tax under the provisions of the Act.".

Rule 14 of the principal Rules shall be substituted by the

following

"14. No determination made by the competent authority in

accordance with rule 11 shall be issued after 31st December

2025, and any such determination issued must refer to any

employment in respect of which the benefit provided by these

rules commences by 31st December 2026 and ceases to apply by

31st December 2030."

In paragraph 1 of the Schedule annexed to the principal

rules the words "with companies" shall be substituted by the words "or

offices with companies".

€0.18