GLOBAL RESIDENCE PROGRAMME RULES

SUBSIDIARY LEGISLATION 123.148

GLOBAL RESIDENCE PROGRAMME RULES

1st July, 2013 *

LEGAL NOTICE 167 of 2013, as amended by Legal Notices 267 of 2014

and 69 of 2020.

The title of these rules is the Global Residence Programme

Rules.

(Rule 2)

Localities for the purposes of the definition of "south of Malta"

Birżebbuġia

Cospicua

Fgura

Għaxaq

Gudja

Kalkara

Kirkop

Luqa

Marsascala

Marsaxlokk

Mqabba

Paola

Qrendi

Safi

Santa Luċija

Senglea

Siġġiewi

Tarxien

Vittoriosa

Xgħajra

Żabbar

Żejtun

Żurrieq

For the purposes of these rules, unless the context

otherwise requires

"Act" means the Income Tax Act;

"appointed day" means the date on which the Commissioner shall

determine in writing that an individual is granted special tax status

under these rules;

"application" means an application filed in terms of rule 3(1);

"authorised mandatary" means a person who is in possession of a

warrant to practise as an advocate under the Code of Organization

and Civil Procedure, a person who holds a warrant to practise as a

leg a l p r oc ur a t or un de r t he C od e of O rga ni z a t io n a n d C iv il

Procedure, a person who has been appointed notary public in

accordance with the provisions of the Notarial Profession and

Notarial Archives Act, a person who holds a warrant to practise the

profession of accountant under the Accountancy Profession Act, a

person who is a member of the Institute of Financial Services

Practitioners, a person who is a member of the Malta Institute of

Taxation or a person who is a member of the Malta Institute of

Accountants or a person who is a member of the Institute of

Management

Provided that a person that is not an individual, having at

least 75% (directly or indirectly) of its shareholders, partners or

other members, as the case may be, who are persons in possession

of the above-mentioned warrants or being a member of the above-

mentioned institutes, shall also be considered to be an authorised

mandatary;

"authorised registered mandatary" means an authorised

mandatary who is registered with the Commissioner under these

rules;

"beneficiary" means a third-country national who has been

granted special tax status in terms of these rules;

"Commissioner" means the Commissioner for Revenue;

"dependant" means

(a) the beneficiary’s spouse or person with whom the

beneficiary is in a stable and durable relationship;

*see rule 1(2) of these Rules, as originally promulgated.

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(b) minor children including adopted minor children and

children who are in the care and custody of the

beneficiary or the person mentioned in paragraph (a)

above;

(c) children who are under the age of twenty-five,

including adopted children and children who are in the

care and custody of the beneficiary or the person

mentioned in paragraph (a) above, provided that such

children are not economically active;

(d) children including adopted children and children who

are in the care and custody of the beneficiary or the

person mentioned in paragraph (a) above, who are not

minors but who because of circumstances of illness or

disability of a serious gravity, are unable to maintain

themselves;

(e) dependent brothers, sisters and direct relatives in the

ascending line of the beneficiary or the person

mentioned in paragraph (a) above;

and in any case -

(i)

is not a beneficiary under the Residents Scheme

Regulations, the High Net Worth Individuals -

EU / EEA / Swiss Nationals Rules, the High Net

Worth Individuals - Non-EU / EEA / Swiss

Nationals Rules, the Malta Retirement

Programme Rules, the Qualifying Employment

in Innovation and Creativity Rules or the Highly

Qualified Persons Rules; and

(ii) resides with the beneficiary in the qualifying

property;

"EEA" means the members of the European Union, Iceland,

Norway and Liechtenstein;

"lease" includes sub-lease;

"long-term resident" means

(a) a person who has long-term resident status in terms of

the Status of Long-term Residents (Third Country

Nationals) Regulations;

(b) a person who applies for long-term resident status

under the Status of Long-term Residents (Third

Country Nationals) Regulations;

"Ministers" means the Minister responsible for Finance and the

Minister responsible for the Economy, Investment and Small

Business;

"minor" is a person of either sex who has not yet attained the age

of eighteen years;

"not economically active" means a person who is not working

and not seeking work or not available for work;

"primary residence" means the dwelling house in which an

individual habitually resides in as his principal place of abode

worldwide;

"property" means any immovable property situated in Malta or

Gozo and any right over such property;

"public interest" includes the interests of public safety, the

protection of public order, national security, territorial integrity,

public health or morals;

"qualifying property" means either a qualifying owned property

or a qualifying rented property, as the case may be;

"qualifying property holding" means a holding which arises

where a beneficiary either

(a) owns qualifying owned property; or

(b) rents qualifying rented property as lessee;

a n d , i n e i t h e r ca s e , o c c u p i e s s u c h p r o p e r t y a s h i s p r i m ar y

residence

Provided that the persons who reside in the qualifying

property are not persons other than (a) the beneficiary, and (b)

persons that qualify as his dependants or household staff, provided

that the Commissioner has been notified that such dependents or

household staff will be so residing;

"qualifying owned property" means an immovable property

purchased at a consideration of not less than

(a) subject to the provisions of paragraph (b), two hundred

and seventy-five thousand euro (€275,000) for a

property situated in Malta; or

(b) two hundred and twenty thousand euro (€220,000) for

a property situated in Gozo or in the south of Malta

Provided that an immovable property purchased before the

date of publication of these rules for a consideration which is less

than the amounts indicated in paragraphs (a) or (b) above shall be

considered to be "qualifying owned property" insofar as the value

of such immovable property as declared on the date of application

by the applicant is not less than the amounts indicated in

paragraphs (a) or (b) above as supported by a separate and

independent architect valuation including architect’s plan which are

delivered to the Commissioner upon application

Provided further that the Commissioner, or any officer

authorised by him in writing, architect or surveyor shall have full

and free access to the qualifying owned property to the extent that

such access is likely to assist him in determining the value of the

said property;

"qualifying rented property" means a property taken on at lease

of not less than

(a) subject to paragraph (b), nine thousand and six

hundred euro (€9,600) per annum for a property

situated in Malta; or

(b) eight thousand and seven hundred and fifty euro

(€8,750) per annum for a property situated in Gozo or

in the south of Malta;

"rights acquired under this law" means the right to pay tax at the

rate of tax contemplated in article 56(23) of the Act and these rules;

"south of Malta " means the areas within set boundaries as

designated in the Second Schedule to the Local Government Act of

the localities listed in the Schedule to these Rules;

"special carer" is an individual who has been in an employment

relationship, as evidenced by a contract of service, with the

beneficiary for at least two years prior to the application in terms of

rule 3: provided that the Commissioner is satisfied that the service

is required to be provided in whole or in part within the qualifying

property;

"these rules" shall include the provisions of article 56(23) of the

Act and the rules contained in these Rules;

"third-country national" means any person who is not a citizen of

the European Union within the meaning of Article 20 of the Treaty

on the European Union and the Treaty on the Functioning of the

European Union

Provided that, for the purposes of these rules, EEA

nationals and Swiss nationals shall not be considered to be third-

country nationals.

(1) An individual, as duly represented by an authorised

registered mandatary, may apply to the Commissioner for special

tax status under these rules, in such form as the Commissioner may

require and by paying a non-refundable administrative fee of six

thousand euro (€6,000) upon application

Provided that applications in respect of which the

qualifying property is a qualifying owned property situated in the

south of Malta, the non-refundable administrative fee shall be that

of five thousand and five hundred euro (€5,500) to be paid upon

application.

(2) Where it is established that the individual mentioned in

sub-rule (1) qualifies as a beneficiary, the Commissioner shall

determine in writing that such individual is granted special tax

status under these rules.

(3) Following the death of a beneficiary, the special tax status

granted in terms of sub-rule (2) shall be granted to a dependant of

that deceased beneficiary who has inherited the property that was

the primary residence of such beneficiary, or who rents a qualifying

rented property immediately after the death of the said beneficiary

and satisfies all the other requirements set out in rule 4. Such status

shall only be transferred once the said dependent provides proof to the

Commissioner that all the requirements of rule 4 are satisfied in such

manner as the Minister for Finance may determine further to

consultation with the Commissioner.

A beneficiary is an individual who is not a long-term

resident and who proves to the satisfaction of the Commissioner

that

(a) he is a third country national and is not a Maltese,

EEA or Swiss national;

(b) he is not a person who benefits under the Residents

Scheme Regulations, the High Net Worth Individuals -

EU / EEA / Swiss Nationals Rules, the High Net Worth

Individuals - Non-EU / EEA / Swiss Nationals Rules,

the Malta Retirement Programme Rules, the

Qualifying Employment in Innovation and Creativity

(Personal Tax) Rules or the Highly Qualified Persons

Rules;

(c) he holds a qualifying property holding;

(d) he is in receipt of stable and regular resources which

are sufficient to maintain himself and his dependants

without recourse to the social assistance system in

Malta;

(e) he is in possession of a valid travel document;

(f)

he is in possession of sickness insurance in respect of

all risks across the whole of the European Union

normally covered for Maltese nationals for himself and

his dependants;

(g) he can adequately communicate in one of the official

languages of Malta; and

(h) he is a fit and proper person.

(1) In these Rules, the rate of fifteen cents (0.15) on every

euro shall apply on any income arising outside Malta in the year

immediately preceding the year of assessment which is received in

Malta (including income arising outside Malta and received in

Malta during the whole of the year in which the special tax status

was granted) by the beneficiary, the beneficiary’s spouse and

children referred to in paragraphs (b) and (d) of the definition of

the term "dependant" in rule 2, with the possibility to claim relief

of double taxation under article 74(a) and (b) of the Act

Provided that the minimum amount of tax payable in terms

of these rules in respect of the income arising outside Malta of the

persons referred to in this rule shall be fifteen thousand euro

(€15,000) for any year of assessment. Such minimum amount is

payable in full in both the year when the special tax status was

granted and in the year when the individual ceases to possess the

said special tax status.

(2) Income of a beneficiary, the beneficiary’s spouse and

children referred to in paragraphs (b) and (d) of the definition of

the term "dependant" in rule 2 that is not chargeable to tax under

these rules at the rate referred to in sub-rule (1) shall be charged as

separate income at the rate of thirty-five cents (0.35) on every euro.

(3)

Notwithstanding any provision in the Income Tax Acts -

(a) subject to the provisions of paragraph (b), the

minimum tax referred to in the proviso to sub-rule (1)

shall be payable by not later than the 30th April of the

year immediately preceding the relevant year of

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assessment. Such payment shall be accompanied by a

return made to the Commissioner that provides proof

that all the requirements of rule 4 continue to be

satisfied. The said return, which shall be in such form

as the Commissioner may determine, does not need to

be submitted in the year in which the special tax status

is granted;

(b) in the case of the year in which the special tax status is

granted, where, it is evident that the special tax status

will not be granted before the 30th April, the minimum

tax referred to in the proviso to sub-rule (1) is to be

paid before the special tax status is granted;

(c) any tax paid under the provisions of sub-rule (1) shall

not be refundable.

(4)

(a) Notwithstanding any provision in the Act, an

individual who falls under the definition of "long-term

resident" in rule 2 shall be taxable on any income

accruing in or derived from Malta or elsewhere, and

whether received in Malta or not in respect of income

mentioned in article 4 of the Act and subject to tax at

the rates mentioned in article 56 of the Act.

(b) In the case where the individual referred to in

paragraph (a) is a beneficiary or dependent, the

relevant authorised registered mandatary shall -

(i)

enquire and obtain information from the relevant

beneficiary as to whether the beneficiary or any

of his dependents falls under the said definition

of "long-term resident" as at the 31st December

of each year from the year of the appointed date

onwards; and

(ii) notify the Commissioner of any individual that

is a beneficiary or dependent that falls under the

said definition of "long-term resident" by not

later than the 30th April following the 31st

December referred to in sub-paragraph (i) on

such form as the Commissioner may determine.

Where the authorised registered mandatary is

not able to obtain such information, he is to

notify the Commissioner by the said 30th April

of this state of affairs and provide proof that at

least two attempts at enquiry were made. Where

such notifications are not made within the time

specified, the authorised registered mandatary

shall be charged an administrative penalty of ten

thousand euro (€10,000).

(1) An individual shall, with effect from the appointed day,

cease to possess special tax status under these rules

(a) if the individual becomes a Maltese, EEA or Swiss

national;

(b) if, at any time, after the appointed day, such individual

does not hold a qualifying property holding, including

in the case where the said individual lets or sublets the

qualifying property holding;

(c) if, at any time, after the appointed day, such individual

becomes a long-term resident;

(d) if, after the appointed day, the individual is not in

possession of sickness insurance in respect of all risks

normally covered for Maltese nationals for himself and

his dependants;

(e) if the individual’s stay is not in the public interest, or

(f)

if the individual stays in any other jurisdiction for

more than one hundred and eighty-three days in a

calendar year.

(2) An individual who ceases to possess special tax status for

any of the reasons specified in sub-rule (1) shall notify the

Commissioner of such event by not later than four weeks from the

date when he becomes aware of such event. This notification is to

be made on such form as may be required by the Commissioner.

Where such notification is not made within the time specified,

t h e p e r s o n r e s p o n s i b l e f o r s u c h e v e n t s h a l l b e c h a rg e d a n

administrative penalty of five thousand euro (€5,000).

(3) An individual shall, with immediate effect, cease to possess

special tax status from the relative year of assessment under these

rules if he notifies the Commissioner of his intention not to remain

in possession of special tax status on such form as the

Commissioner may require.

(4) An individual shall, with effect from the beginning of the

relative year of assessment, cease to possess special tax status

under these rules if he is in breach of the Act and, or of the Income

Tax Management Act.

(5) The Ministers shall jointly have the power to condone any

failure to satisfy any one of the conditions in sub-rule (1) if

(a) such failure was due to unforeseen circumstances

which are beyond the control of the individual;

(b) such individual notifies the Ministers of such failure;

and

(c) such individual has exercised his best efforts to

remedy the failure.

(1) For the purpose of ascertaining an individual’s

entitlement to rights acquired under these rules and ensuring the

proper application of these rules, the Commissioner may require

that individual or the relevant authorised registered mandatary to

produce, within the time indicated by the Commissioner in that

request, such information and documents as the Commissioner may

consider necessary, including certifications and declarations.

(2) Notwithstanding any other provision in any law, the

Commissioner and the competent authority in relation to the Status

of Long-term Residents (Third Country Nationals) Regulations

may exchange information that is in their possession concerning an

individual -

(a) making an application in terms of rule 3;

(b) that is a beneficiary; or

(c) that has long-term residence status in terms of the

Status of Long-term Residents (Third Country

Nationals) Regulations.

Such information may be exchanged for the purposes of

these Rules and for the purposes of the long-term residence status

in terms of the Status of Long-term Residents (Third Country

Nationals) Regulations.

If an individual benefits under these rules where that

person was not so entitled, the Commissioner may issue an

assessment in terms of article 31 of the Income Tax Management

Act.

The return required in terms of article 10 of the Income Tax

Management Act shall, in the case of a beneficiary under these

rules, includes such form as the Commissioner may require.

(1) An individual shall authorise a person who is an

authorised registered mandatary to act on his behalf in respect of all

applications, correspondence, submissions, filings, declarations

and notifications contemplated under these rules. All such acts are

to be filed by the said authorised registered mandatary.

(2) The authorisation referred to in sub-rule (1) shall be made

in such form as the Commissioner may require.

(3) Unless the Commissioner specifically authorizes in writing,

a person may not authorise more than one authorised mandatary.

(4) Registration as an authorised registered mandatary with the

Commissioner shall be made by filling in and delivering to the

Commissioner such form as the Commissioner may require.

(5) Registration as authorised registered mandatary in terms of

these rules shall be subject to such terms and conditions as the

Commissioner may from time to time determine.

(6) Acceptance of registration in terms of these rules shall be

notified by the Commissioner to the person requesting such

registration.

(7) When a person who has been registered with the

Commissioner desires to cancel such registration, he shall make a

request in such form as the Commissioner may require.

(8) Where an authorised registered mandatary repeatedly fails

to carry out a function required under these rules, he shall cease to

be an authorised registered mandatary. For the purposes of this

paragraph, "repeatedly" means more than two failures of carrying

out functions required under these rules.

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