INDUSTRY REQUIRED CERTIFICATIONS AND QUALIFICATIONS RULES
Table of Provisions (8)
Statutory Text (8 Articles)
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SUBSIDIARY LEGISLATION 123.220
INDUSTRY REQUIRED CERTIFICATIONS AND
QUALIFICATIONS RULES
27th March, 2026
LEGAL NOTICE 79 of 2026.
The title of these rules is the Industry Required
Certifications and Qualifications Rules.
In these rules, unless the context otherwise requires
"Act" means the Income Tax Act;
"attainment bonus tax credit" means a fiscal bonus
awarded in favour of the attainment of a relevant qualification
as established by the Corporation in the guidance notes;
"Corporation" means the Malta Enterprise as established
by article 7 of the Malta Enterprise Act;
"course" means a structured programme of tuition or
studies leading to either a relevant certificate or to a relevant
qualification;
"de minimis Regulation" means Commission Regulation
(EU) 2023/2831 of 13 December 2023 on the application of
Articles 107 and 108 of the Treaty on the Functioning of the
European Union to de minimis aid;
"eligible study costs" means such fees as further
specified in the guidance notes, paid by an individual to the
university, institution or other entity recognised by the
Corporation for the admission and attendance to the relevant
course and for sitting for the examinations required to achieve a
relevant certificate or a relevant qualification;
"guidance notes" means the guidance notes as published
by the Corporation from time to time to establish procedures
and guidance in aspects where these rules grant discretion and
decision powers to the Corporation;
"individual" means an individual following a relevant
course;
"Malta Further and Higher Education Authority" means
the Malta Further and Higher Education Authority established
by article 3 of the Further and Higher Education Act;
"public funding sources" means any initiative provided at
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national level by any public entity excluding any sponsorships
or similar funding awarded to public service employees granted
on the basis of their employment;
"relevant award" means a relevant qualification or
relevant certificate;
"relevant certificate" means
(a)
a document confirming the attainment of an
award at Level 5 or higher under the Malta Qualifications
Framework;
(b)
a document confirming the attainment of an
award at Level 3 or 4 under the Malta Qualifications
Framework which is deemed by the Corporation to
constitute a Vocational Education Training;
(c)
a document confirming the attainment of an
industry-recognised certification;
"relevant qualification" means an academic qualification
that, in accordance with the Education Act or of the Mutual
Recognition of Qualifications Act is classified, or is recognised,
as being equivalent to a full qualification at Level 6 or higher
under the Malta Qualifications Framework;
"STEM" means Science, Technology, Engineering,
Economics, and Mathematics;
"Vocational Education Training" means a course of
studies that emphasises acquiring knowledge and skills through
direct experience and real-world application, rather than solely
through theoretical instruction and leads to the attainment of
relevant skills required for a specific employment. The
Corporation shall expect that at least twenty per cent (20%) of
the learning hours constitute experiential learning or hands-on
learning.
An individual may claim a tax credit that shall not exceed
seventy percent (70%) of the eligible study costs paid by the individual
leading to the attainment of a relevant award. The maximum tax credit
awarded to an individual shall be established by the Corporation in the
guidance notes which shall not exceed
(a)
one thousand five hundred euro (€1,500) when the
relevant certificate is determined by the Corporation to qualify
as Vocational Education Training and has been classified by the
Malta Further and Higher Education Authority at a Level 3
certificate under the Malta Qualifications Framework;
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(b)
two thousand five hundred euro (€2,500) when the
relevant certificate is determined by the Corporation to qualify
as Vocational Education Training and has been classified by the
Malta Further and Higher Education Authority at a Level 4
certificate under the Malta Qualifications Framework;
(c)
two thousand five hundred euro (€2,500) when the
relevant certificate is determined by the Corporation to qualify
as an industry-recognised certification;
(d)
one thousand euro (€1,000) and an additional fifty
euro (€50) for each European Credit Transfer and
Accumulation System unit or for every twenty-five (25) tuition
and learning hours for any relevant certificate that is classified
as a Level 5 certificate under the Malta Qualifications
Framework;
(e)
fifty euro (€50) for each European Credit Transfer
and Accumulation System unit or for every twenty-five (25)
tuition and learning hours for any relevant certificate that is
classified as a Level 5 certificate under the Malta Qualifications
Framework;
(f)
seventy-five euro (€75) for each European Credit
Transfer and Accumulation System unit or for every twenty-
five (25) tuition and learning hours for any relevant award that
is classified as a Level 6 certificate under the Malta
Qualifications Framework;
(g)
one hundred and seventy euro (€170) for each
European Credit Transfer and Accumulation System unit or for
every twenty-five (25) tuition and learning hours for any
relevant award that is classified as a Level 7 or 8 certificate
under the Malta Qualifications Framework
Provided that the attainment of a doctorate degree
or equivalent may be supported at seventy per cent (70%) of the
total eligible costs irrespective of the number of European
Credit Transfer and Accumulation System units;
(h)
one hundred and seventy euro (€170) for each
European Credit Transfer and Accumulation System unit or for
every twenty-five (25) tuition and learning hours for any
relevant award that is classified as a Level 6 certificate under
the Malta Qualifications Framework
Provided that
(i)
the tax credits referred to in this rule may not be
claimed if the study costs have been fully or partially financed
through other public funding sources or through third parties,
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unless the funding is to be repaid in full by the individual;
(ii)
the tax credit awarded as referred to in this rule
shall be due as a deduction from the tax payable by the
individual on his chargeable income from the year of assessment
following the calendar year in which the relevant award is
attained or the year of assessment following the calendar year in
which the tax credit is awarded as shall be determined by the
Corporation; and
(iii) any tax credit awarded which is not absorbed by
the tax payable for that year of assessment may be carried
forward to be allowed as a tax credit for the subsequent fifteen
(15) years of assessment and such tax credit shall remain
effective subject that such tax credit is utilised in a continuous
manner throughout the subsequent fifteen (15) years of
assessment.
(1)
Irrespective of any funding awarded, including
funding from public funding sources in addition to any tax credit
awarded in accordance with this rule, an individual who attains a
relevant qualification
(a)
at Level 6 under the Malta Qualifications
Framework which is determined by the Corporation to qualify as
a STEM qualification shall be entitled to an attainment bonus
tax credit of three thousand euro (€3,000);
(b)
at Level 7 under the Malta Qualifications
Framework shall be entitled to an attainment bonus tax credit of
three thousand euro (€3,000);
(c)
at Level 7 under the Malta Qualifications
Framework which is determined by the Corporation to qualify as
a STEM qualification shall be entitled to an attainment bonus
tax credit of five thousand euro (€5,000); and
(d)
at Level 8 under the Malta Qualifications
Framework which is determined by the Corporation to qualify as
a STEM qualification shall be entitled to an attainment bonus
tax credit of ten thousand euro (€10,000).
(2)
Up to half of the attainment bonus tax credit, shall be
utilised in the third (3) year of assessment following the year in which
the qualification is attained and the remaining half of the attainment
bonus shall be utilised in the fourth (4) year of assessment following
the year in which the qualification is attained and any attainment bonus
tax credit which may not be utilised, shall be forfeited and shall not be
carried forward to any subsequent years. In the relevant years of the
attainment bonus tax credit, the tax credit may be utilised prior and in
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conjunction with the Get Qualified tax credit awarded under rule 3.
(1)
When an individual attains a relevant award, the
individual shall within twelve (12) months from the day of the
attainment of the relevant award, submit an application to the
Corporation for the benefits provided in these rules.
(2)
In any continuous five (5) calendar year period, an
individual may only submit four (4) applications and may not be
awarded a further tax credit in respect of the attainment of any other
award.
The tax credit and the attainment bonus tax credit
referred to in these rules shall apply to courses completed on or after
1st January 2026 and on or prior to 31st December 2030
Provided that in so far as an individual who has
commenced a course prior to 1st January 2026 may submit a request to
the Corporation by not later than 31st December 2026, requesting that
the support is to be calculated in accordance with the parameters
established in the Deductions and Tax credits (Relevant Qualifications
for Industry) Rules, and in the Tax Credit (Higher Educational
Qualifications) Rules. Upon submitting such a request, the individual
shall be obliged to provide the required documentation confirming the
attainment of the relevant award, by not later than 31st December
2030. All applications submitted shall be required to comply with the
applicable State aid rules, including the submission of all information
and documentation required under the de minimis Regulation.
When the individual requesting the benefit is
(a)
a part-time self-employed individual that requests
support in relation to a course of studies that is related to his
current part-time position, profession or employment;
(b)
a full-time self-employed individual that requests
support in relation to a course of studies that is related to his
current position, profession or employment;
(c)
an employed individual, whether employed on a
full time or part-time basis, that requests support in relation to a
course of studies that is related to his current position,
profession or employment,
the maximum support may not exceed three hundred-thousand
euro (€300,000) over a period of three (3) years in accordance with the
terms and conditions of the Commission Regulation (EU) 2023/2831
of 13 December 2023 on the application of Articles 107 and 108 of the
Treaty on the Functioning of the European Union to de minimis aid as
shall be established in the guidance notes.