INCOME FROM ARTISTIC ACTIVITY RULES

INCOME FROM ARTISTIC ACTIVITY

SUBSIDIARY LEGISLATION 123.211

INCOME FROM ARTISTIC ACTIVITY RULES

19th January, 2024

LEGAL NOTICE 8 of 2024, as amended by Legal Notice 137 of

2025.

The title of these rules is the Income from Artistic

Activity Rules.

In these rules, unless the context otherwise requires

"Act" means the Income Tax Act;

"Commissioner" shall have the same meaning as

assigned to it in the Act.

The provisions of article 56(26A) of the Act shall be

subject to the following limitations and conditions and to the other

provisions of these rules

(a)

they shall apply to income derived by an

individual on or after 1st January 2022 from a trade, business,

profession or vocation that is chargeable to tax in terms of

article 4(1)(a) of the Act;

(b) * the tax at the rate provided for in the said article

56(26A) of the Act shall be chargeable on the amount of the net

income so derived following of any deductions allowable in

terms of article 14 of the Act in respect of expenses incurred in

the production of such income and shall be applied to an

amount not exceeding fifty thousand euro (€50,000);

(c)

the income subject to the said rate of tax shall be

reported on a form approved by the Commissioner together

with such details as may be required on such form or otherwise

requested by the Commissioner by not later than 30th April of

the relative year of assessment and the tax thereon shall be

payable by not later than the said date.

†

(1)

When the net income derived by an individual

from an artistic activity to which article 56(26A) of the Act applies,

following any deductions allowable in terms of article 14 of the Act in

respect of expenses incurred in the production of such income, exceeds

the amount mentioned in paragraph (b) of rule 3, the said individual

shall report such excess in a tax return submitted in accordance with

article 10 of the Income Tax Management Act.

(2)

The income that shall be reported in a return in accordance

*This Article shall come into force from the year of assessment 2026.

†This Article shall come into force from the year of assessment 2026.

INCOME FROM ARTISTIC ACTIVITY

with sub-rule (1) shall form part of the chargeable income of the

individual in question and shall be subject to tax at the rates laid down in

article 56(1)(a) or (b) of the Act. The provisions of article 90A of the

Act shall not apply to such income.

For the purpose of issuing a certificate in terms of article

56(26A)(b) of the Act, the Arts Council Malta may require such

information and evidence, and may adopt such criteria and guidelines

as it may, in its discretion, consider appropriate.

Deleted by Legal Notice 137 of 2025.