RESIDENTS SCHEME REGULATIONS

RESIDENTS SCHEME

SUBSIDIARY LEGISLATION 123.79

RESIDENTS SCHEME REGULATIONS

1st May, 2004

LEGAL NOTICE 428 of 2004, as amended by Legal Notices 114 of 2006,

409 of 2007, 399 of 2011, 426 of 2012 and 271 of 2014.

The title of these regulations is the Residents Scheme

Regulations.

Amended by

L.N. 426 of 2012.

(Regulation 5)

INCOME TAX ACT

(CAP. 123)

Application under the Residents Scheme Regulations

Applicant’s Details

Surname

Forename(s)

Maiden Surname

Nationality

Date of Birth

Passport/Legally valid identification

document number

Place of Birth

Place and Date of Issue

Father’s Name

Mother’s Name and Maiden Surname

Marital Status

Maltese Income Tax Registration No.

(if applicable)

Tax Identification No.

in Residence country

Postal Address of Applicant

Representative’s Local Address

(if applicable)

Personal

Tel. No.: ..............

Fax. No.: .............

E-mail: ...............

Representative

Tel. No.: ..............

Fax. No.: .............

E-mail: ...............

(if applicable)

RESIDENTS SCHEME

Spouse Details (if applicant is married)

Surname

Forename(s)

Maiden Surname

Nationality

Date of Birth

Passport/Legally valid identification

document number

Place of Birth

Place and Date of Issue

Father’s Name

Mother’s Name and Maiden Surname

Marital Status

Maltese Income Tax Registration No.

(if applicable)

Details of dependants

(Sons and daughters under 21, parents or grandparents financially dependant on

applicant)

Surname

Forename

Relationship

Nationality

Date of Birth

to applicant

1.

2.

3.

4.

5.

6.

7.

8.

9.

10. Documentary Evidence to be produced with this application

√

Checklist of Documents Attached

Bankers’ Certificate or equivalent

Conduct Certificate/s

Marriage Certificate/s or Full Birth Certificate/s

Lease Agreement or Deed of Purchase of Immovable Property in

Malta (where applicable)

D e c l a r a t io n ( i f de p e n d a n t s o n ap p l i c a t io n i n c l u d e p a r e n t s o r

grandparents)

Three (3) recent passport size photographs of each person mentioned

on application

Declaration

I declare that

•

all the information given in this application is true, complete and correct

•

I am aware that the Commissioner for Revenue has the right, as permitted

by law, to verify the information given on this form

•

I bind myself to inform immediately the Commissioner for Revenue of any

change in circumstances by means of a new application.

Signature of applicant ..........................................................................................

Full Name and Surname: ......................................................................................

(In Block Letters)

Date ............../.........../.............

RESIDENTS SCHEME

(1) For the purposes of these regulations and under the

powers conferred upon him by the delegation issued by the

Minister responsible for immigration in terms of article 26 of the

Immigration Act, the Commissioner may issue a certificate which

shall be deemed to constitute a permit issued in terms of article 7 of

the Immigration Act, to individuals who satisfy the conditions

established under these regulations

Provided that the Commissioner shall not issue such a

certificate on or after 1st January 2011.

(2) Any permit issued under article 7 of the Immigration Act

prior to the coming into force of these regulations shall be deemed

to constitute a certificate issued under this regulation and the

provisions of regulation 3(a), (b) and (c) shall also apply thereto.

(3) Without prejudice to the provisions of sub-regulation (2),

the conditions applicable to any permits issued as aforesaid relating

to income tax shall continue to be those which were applicable in

respect of the said permits immediately prior to the coming into

force of these regulations.

Amended by

L.N. 114 of 2006;

(Regulation 7)

L.N. 426 of 2012.

INCOME TAX ACT

(CAP. 123)

Notice of Residence to the Commissioner under

the Residents Scheme Regulations

Income Tax Number .........................................

Residence Certificate No. ...................................

Certificate Date ............./............../.................

I ............................................................. do hereby declare that I arrived and took

up residence in Malta on ............./.........../............. . My present address in Malta is

I agree and accept all the conditions attached to the Residence Certificate Permit

issued under the Residents Scheme Regulations.

I authorise .....................................................................................

[tax reference/Legally Valid Identification Document No. ..................]

Address: ...............................................................................................................

to act as my tax representative.

Signature: ..............................................................

Name in full: ..........................................................

Date: ............/....................../.................

A certificate issued by the Commissioner on or after the 1st

May, 2004 in accordance with regulation 2 shall entitle the holder

of such certificate to reside, settle or stay indefinitely in Malta,

sohowever that

(a) the said certificate shall not entitle the holder thereof

to any of the rights mentioned in the Immigration

Regulations, (hereinafter referred to as "the

Immigration Regulations);

(b) any citizen of the Union as defined in the Immigration

Regulations, may at any time opt to renounce to such

certificate and apply for a residence permit or a

residence

document

under

the

Immigration

Regulations, in which case the provisions of those

regulations shall apply; and

(c) the certificate shall be monitored annually and it shall

be considered to have been withdrawn if the holder

thereof infringes any provision of these regulations or

of the Income Tax Acts.

Added by

L.N. 271 of 2014.

(Regulation 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

Any rights conferred upon an individual through a permit

issu ed und er article 7 of the Imm igratio n Act or through a

RESIDENTS SCHEME

certificate issued under these regulations shall not extend to any

other person except the individual’s dependants as defined in the

Immigration Act.

(1) Applications for a certificate issued under these

regulations shall be made on the form set out in Schedule A and

contain the information and documents therein requested.

(2) Applications for which a certificate under these regulations

has not been issued prior to the publication of this sub-regulation

shall also conform with the requirements of regulation 10.

For the purposes of these regulations and without prejudice

to any rights and duties emanating from the Immigration

Regulations and unless any individual is already in possession of a

residence document or a residence permit issued under the

I m m i g r a t i o n R e g u l a t i o n s , s u c h i n d i v i du a l m a y a p p l y f or a

certificate issued under regulation 2 only if he

(a) does not fall under article 4(1)(a) of the Immigration

Act;

(b) provides documentary proof that he can bring into

Malta an annual income of not less than €13,950 in his

respect and a further €2,300 in respect of each

dependant, provided that in determining the amount of

the annual income brought into Malta no consideration

whatsoever shall be taken of any income which is re-

transferred out of Malta; and

(c) provides documentary proof that from the date of the

application referred to in regulation 5 onwards he has

either an annual income of not less than €23,000

arising outside Malta or has in his possession a capital

of not less than €349,000.

The certificate shall be deemed to have been withdrawn

with immediate effect if the holder of the certificate

(a) is issued with a residence permit or a residence

document in terms of regulation 9 of the Immigration

Regulations;

(b) does not take up residence in Malta within twelve

months of the date of issue of the certificate and does

not, within fifteen days of taking up residence in

Malta, give notice to the Commissioner on the form as

set out in Schedule B, containing the information and

documents requested therein;

(c) does not produce evidence that within twelve months

of taking up residence in Malta he has purchased a flat

at a cost of not less than €69,000 or a house of not less

than €116,000 or taken on a leased immovable

property at not less than €4,150 per annum

Provided that in the event that the holder of a

certificate either

(i) sells the aforesaid house or flat; or

(ii) terminates the aforesaid lease,

the holder of the certificate must hold a qualifying

property holding.

For the purposes of this regulation

"qualifying property holding" is a holding which arises

where a beneficiary either

(i) owns qualifying owned property; or

(ii) rents qualifying rented property as lessee;

and, in either case, occupies such property as his

primary residence

Provided that the persons who reside in the qualifying

property are not persons other than the beneficiary and

his family members;

"family members" means beneficiary’s ascendants in

the direct line, descendants in the direct line, brothers,

sisters, spouse/s or persons with whom beneficiary is

in a stable and durable relationship;

"primary residence" means the dwelling house in

which an individual habitually resides in as his

principal place of abode worldwide;

"qualifying property" means either a qualifying owned

property or a qualifying rented property, as the case

may be;

"qualifying owned property" means an immovable

property purchased

(a) after 14 September, 2011 up to 30 June, 2013 at

a consideration of not less than four hundred

thousand euro (€400,000);

(b) after 1 July, 2013, at a consideration of not less

than

(i) subject to the provisions of sub-paragraph

(ii), two hundred and seventy-five thousand

euro (€275,000) for a property situated in

Malta; or

(ii) two hundred and twenty thousand euro

(€220,000) for a property situated in Gozo

or in the south of Malta;

"qualifying rented property" means a property taken

on a lease of

(a) if the lease was taken on between 14 September,

2011 and 30 June, 2013, not less than twenty

thousand euro (€20,000) per annum;

(b) if the lease was taken on or after 1 July, 2013

(i) subject to sub-paragraph (ii), nine thousand

and six hundred euro (€9,600) per annum

for a property situated in Malta; or

(ii) eight thousand and seven hundred and fifty

euro (€8,750) per annum for a property

situated in Gozo or in the south of Malta;

RESIDENTS SCHEME

"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 regulations;

(d) does not comply with the provisions of regulation 9;

(e) does not continue to comply with the provisions of

regulation 6(c);

(f)

is not in receipt of stable and regular resources which

are sufficient to maintain himself and his dependents

without recourse to the social assistance system in

Malta;

(g) if the property referred to in paragraph (c) is occupied

by persons who are not the permit holders and, or his

family members;

(h) is not in possession of sickness insurance in respect of

all risks normally covered for Maltese nationals for

himself and the members of his family.

(1) Where the conditions set out in regulation 6 have been

satisfied and the holder of the certificate brings into Malta the

amount of income referred to in paragraph (b) of that regulation,

article 56(10)(a)(ii) and (b) of of the Income Tax Act, hereinafter

referred to as "the Act", shall apply.

(2) For the purposes of the provisions of sub-regulation (1), in

determining the amount of the annual income brought into Malta no

consideration whatsoever shall be taken of any income which is

transferred again out of Malta.

Notwithstanding the provisions of the Payment of

Provisional Tax (P.T.) Rules, the P.T. benchmark with respect to

provisional tax payable on account of the year, immediately

following that in which an applicant has taken up residence in

Malta, shall be equivalent to the minimum amount of tax that is due

in terms of article 56(10)(a)(ii) of the Act and shall be payable

within the times prescribed in rule 5 of the Payment of Provisional

Tax (P.T.) Rules.

(Revoked by Legal Notice 399 of 2011).