MT
ENTERPRISE SUPPORT INCENTIVES REGULATIONS
Table of Provisions (22)
Statutory Text (22 Articles)
SUBSIDIARY LEGISLATION 463.04
ENTERPRISE SUPPORT INCENTIVES
REGULATIONS
1st January, 2008 *
LEGAL NOTICE 70 of 2008, as amended by Legal Notices 60 of 2009,
107 and 488 of 2010, 170 and 456 of 2012, 432 of 2013, 118, 188, 212, 413
and 414 of 2015, 118, 194 of 2016,152 of 2017 and 201 of 2018.
The title of these regulations is the Enterprise Support
Incentives Regulations.
In these regulations, unless the context otherwise requires
"the Act" means the Malta Enterprise Act;
"the Corporation" means Malta Enterprise established under the
Act;
"Guidelines" means such guidelines as may be published by the
Corporation from time to time in terms of the Act;
"regulatory licences and permits" shall mean any licence, permit or
authorisation issued by law by a local authority as a prerequisite for
eligibility to assistance as defined in the respective guidelines
regulating the assistance;
"the Treaty" means the Tr eaty establishing the European
Community published in the Official Journal of the European
Union in the edition of the 29th December 2006
Provided that as from the 26th October 2012, "the Treaty"
means the Treaty on the Functioning of the European Union
published in the Official Journal of the European Union in the
edition of the 26th October 2012.
"undertaking" means an undertaking as defined in the Act, except
for the purposes of regulation 16 where undertaking shall mean
(a) a limited liability company constituted under the
Companies Act; or
(b) a limited liability company incorporated or registered as
an overseas company in accordance with the Companies
Act
Provided that for the purposes of regulation 12, undertaking
shall mean
(a) a partnership constituted under the Companies Act,
being a partnership en nom collectif, en nom
commandite, or a limited liability company; or
*see regulation 1(2) of these Regulations as originally promulgated.
ENTERPRISE SUPPORT INCENTIVES
(b) a body of persons constituted, incorporated or
registered outside Malta, and of a nature similar to the
aforesaid partnerships in accordance with the
Companies Act; or
(c) a co-operative society duly registered as such under
the Co-operative Societies Act.
(1) Where the Corporation is satisfied that an undertaking
is carrying on or intending to carry out an activity that may
contribute to the economic development of Malta, the Corporation
may provide such an undertaking with a cash grant as established in
these regulations and in the Guidelines
Provided that an undertaking shall not qualify for any of the
benefits provided by these regulations if such undertaking operates
in the -
(a) fishery or aquaculture sectors;
(b) primary production of agricultural products
Provided that such assistance may be granted to
undertakings that operate in the processing and
marketing of agricultural products as described in
Annex 1 to the Treaty
Provided further that such assistance may not be
granted to undertakings that operate in the processing
and marketing of agricultural products as listed in
Annex 1 to the Treaty
(i)
when the amount of the assistance would be
fixed on the basis of the price or quantity of
such products purchased from primary
producers or put on the market by the
undertakings concerned;
(ii) when the assistance is conditional on being
partly or entirely passed on to primary
producers.
(2)
Assistance under this regulation may not be granted
(a) when the assistance would be granted for export-
related activities towards third countries or Member
States, that would be directly linked to the quantities
exported, to the establishment and operation of a
distribution network or to other current expenditure
linked to the export activity;
(b) when the assistance would be contingent upon the use
of local over imported goods;
(c) when the assistance would be granted to undertakings
in difficulty
Provided that the provisions of paragraph (c) of sub-
regulation 2 shall only be applicable to undertakings which qualify
for assistance under these regulations until the 31st December,
2013.
(1) Where the Corporation is satisfied that an undertaking
carrying on or intending to carry out an activity that may contribute
to the economic development of Malta, requires assistance for the
participation in trade fairs, trade missions and other such events the
Corporation may provide such an undertaking with a cash grant
which shall not exceed sixty-five per cent (65%) of the total costs
incurred by the undertaking in accordance with the terms and
conditions set out in the Guidelines
Provided that the provisions of sub-regulation (1) shall only
be applicable to undertakings which qualify for assistance under
these regulations until the 31st January, 2013.
(2) Where the Corporation is satisfied that an undertaking
carrying on or intending to carry out an activity that may contribute
to the economic development of Malta, requires assistance to
develop the international competitiveness of the undertaking or for
the participation in trade fairs, trade missions and other such
events, the Corporation may provide such an undertaking with a
cash grant which shall not exceed fifty per cent (50%) of the
eligible costs incurred in accordance with the terms and conditions
set out in the Guidelines.
Provided that applications for assistance under sub-
regulation (2) shall reach the Corporation by not later than the 31st
December, 2017.
Where the Corporation is satisfied that an undertaking
carrying on or intending to carry out an activity that may contribute
to the economic development of Malta, requires assistance to
collaborate with other undertakings or to administer interactions
between a number of undertakings that are collaborating with it
with the aim of achieving common objectives, the Corporation may
provide such an undertaking with a cash grant that may not exceed
the limits set out in regulation 21 in accordance with the terms and
conditions set out in the Guidelines.
Where the Corporation is satisfied that an undertaking
carrying on or intending to carry out an activity that may contribute
to the economic development of Malta, requires assistance to set up
business development projects, the Corporation may provide such
an undertaking with a cash grant that may not exceed the limits set
in regulation 21 in accordance with the terms and conditions set out
in the Guidelines
Provided that applications for assistance under this
regulation shall reach the Corporation by not later than the 30th
April, 2016.
(1) Where the Corporation is satisfied that an undertaking
carrying on or intending to carry out an activity that may contribute
to the economic development of Malta, requires the assistance of
advisors in a particular field, the Corporation may provide such an
undertaking with a cash grant that may cover up to one hundred per
cent (100%) for the first fifteen hours of the costs of the services of
such an advisor and that otherwise may not exceed seventy-five per
cent (75%) of the costs of the services of such advisor in
accordance with the terms and conditions set out in the Guidelines
Provided that applications for assistance under this regulation
shall reach the Corporation by not later than the 31st March, 2014.
(2) Where the Corporation is satisfied that an undertaking
carrying on or intending to carry out an activity that may contribute
to the economic development of Malta, requires assistance of
advisors in a particular field, the Corporation may provide such an
undertaking with a cash grant which shall not exceed the amount of
two thousand five hundred euro (€2,500) per annum in accordance
with the terms and conditions set out in the Guidelines
Provided that applications for assistance under sub-
regulation (2) shall reach the Corporation by not later than the 31st
December, 2017.
Where the Corporation is satisfied that an undertaking
carrying on or intending to carry out a qualifying activity that may
contribute to the economic development of Malta, requires
assistance to support or develop the international competitiveness
of the undertaking, the Corporation may provide such an
undertaking with a cash grant that shall not exceed sixty-five per
cent (65%) of the eligible costs incurred in accordance with the
terms and conditions set out in the Guidelines
Provided that applications for assistance under this
regulation shall reach the Corporation by not later than the 31st
December, 2013.
(1) When the Corporation is satisfied that an undertaking
carrying on or intending to carry out a creative activity that may
contribute to the economic development of Malta, requires
assistance to develop and improve its business or to organise
creative activities or events as may be specified in the Guidelines,
the Corporation may provide such an undertaking with a tax credit
of sixty per cent (60%) to be calculated as a percentage of the
eligible costs incurred as from 1st January 2010 in accordance with
the terms and conditions set out in the Guidelines
Provided that for the purpose of this regulation, "creative
activity" shall mean an economic activity, requiring an appreciable
degree of human self-expression, that leads to the development and
production of artistic works, products or services.
(2) The intensity of the tax credit shall be in accordance with
the terms and conditions set out in the Guidelines
Provided that this benefit shall be calculated on the eligible
costs incurred as from 1st January 2010 till the 31st December
2013
Provided further that the total amount of tax credits that
may be granted in terms of this regulation shall not exceed twenty
five thousand euro (€25,000).
(3) The tax credit referred to in this regulation shall be due as a
deduction from tax payable by an undertaking on its chargeable
income derived from its trade or business for that year of
assessment commencing on the 1st January of the year immediately
following the year in which the eligible costs are undertaken, and,
where the tax credit, for that year of assessment, exceeds the
income tax payable by such an undertaking for that year, the excess
in the tax credit shall be allowed to be carried forward to the
subsequent year of assessment and deemed to be a tax credit for
that year
Provided that a tax credit shall not give rise to a right to a
refund of tax
Provided further that unutilised tax credits can only be
availed of until year of assessment 2015.
(4) Where an undertaking has benefited from the provisions of
this regulation, the tax credit shall be deemed to have relieved from
tax so much of that undertaking’s chargeable income which, when
multiplied by the rates of tax at which it was chargeable in that
year, is equal to the tax credit on the investment; and where the
undertaking is a company and such undertaking or any subsequent
company distributes the income which is so deemed to have been
relieved from tax, such undertaking or undertakings shall state in
the dividend warrant pertaining to any such distribution that such
income has been relieved from tax by a tax credit in accordance
with this regulation; and the tax which has so been relieved shall
not be available for refund for any purpose of the Income Tax Act.
(5)
(a) In the case of an undertaking which is a company, the
chargeable income which is deemed to have been
relieved from tax in accordance with sub-regulation (4)
shall, for the purposes of the Income Tax Act, be
allocated to the Final Taxed Account of the company in
question and any dividends, or part thereof, distributed
from such income shall be exempted from income tax
in the hands of the members of the company on receipt
of such distribution.
(b) Where a dividend referred to in paragraph (a) is
distributed to a member which is also a company, in
this paragraph referred to as ''the second company'',
the said dividend shall likewise be distributed by the
second company to its members in the form of
dividends exempt from income tax in the hands of the
recipients, and where a member of the second
company is again a company, the preceding provisions
hereof shall apply mutatis mutandis as though
references to the first company were references to the
second company, and as though references therein to
the second company were references to that member,
and the principle set out in this sub-regulation shall
continue to be applied for as long as such income or
part thereof to which this regulation applies is
distributed by way of dividends.
(6) Applications for assistance under this regulation shall reach
the Corporation by not later than the 31st March 2013.
Where the Corporation is satisfied that an undertaking
carrying on or intending to carry out an activity that may contribute
to the economic development of Malta, requires assistance on
initiatives that reduce the undertaking’s impact on the environment,
the Corporation may provide such an undertaking with a cash grant
that shall not exceed sixty per cent (60%) of the eligible costs
incurred in accordance with the terms and conditions set out in the
Guidelines
Provided that applications for assistance under this
regulation shall reach the Corporation by not later than the 31st
December, 2013.
(1) Where the Corporation is satisfied that an undertaking
that was not in difficulty on the 1st July 2008 but entered in
difficulty thereafter as a result of the global financial and economic
crisis, requires assistance to counter the effects of such crisis, the
Corporation may provide such an undertaking with a cash grant
t ha t m a y n ot exc e e d t h e l i m it s s e t i n s ub - r e gu l a ti o n ( 2) i n
accordance with the terms and conditions set out in the Guidelines
Provided that an undertaking shall not qualify for this
assistance if it was in difficulty before the 1st July 2008 in terms of
t h e C o m m u n i t y G u i d e l i n e s o n St a t e A i d f o r R e s c u i n g a n d
Restructuring Firms in Difficulty. *
(2) Any assistance that may be provided under sub-regulation
(1) shall be in conformity with Communication from the
Commission - Temporary Community framework for State aid
measures to support access to finance in the current financial and
economic crisis. † The amount of de minimis aid that an undertaking
may receive under these regulations may not exceed the amount of
five hundred thousand euro (€500,000) during the period starting
from 1st January 2008 to 31st December 2010. This maximum
threshold includes all aid granted as de minimis aid from the
Corporation as well as from any other entity.
(3) The Corporation shall no longer grant approval for the
purposes of sub-regulation (1) after the 31st December 2010.
Where the Corporation is satisfied that an undertaking is
carrying on a manufacturing activity that may contribute to the
economic development of Gozo, the Corporation may provide such
an undertaking with a cash grant as established in these regulations
and in the Guidelines to cover the necessary transport costs or part
thereof, incurred by the undertaking in transporting between Malta
and Gozo machinery, plant, materials, goods or products connected
with its manufacturing activities in Gozo.
*Official Journal C244, 01.10.2004
†Official Journal C83 of 7th April 2009
(1) Where the Corporation is satisfied that an undertaking
carrying out a trade or business requires assistance to expand,
innovate or invest in its business in Malta, the Corporation may
provide such an undertaking with a tax credit. The intensity of the
tax credit shall be in accordance with the terms and conditions set
out in the Guidelines
Provided that this benefit shall be calculated on the eligible
costs incurred as from 1st January 2010 till the 31st December
2012
Provided further that the total amount of tax credits that
may be granted in terms of this regulation shall not exceed twenty
five thousand euro (€25,000).
(2) In order to qualify for the benefit under sub-regulation (1),
the undertaking
(a) shall not employ more than nine full-time employees,
or equivalent, in its trade or business as on the 1st
January 2012
Provided that apprentices and students shall not be
treated as employees for the purpose of this sub-
regulation; and
(b) shall have a turnover or annual balance sheet total that
does not exceed two million euro (€2,000,000).
(3) The tax credit referred to in this regulation shall be due as a
deduction from tax payable by an undertaking on its chargeable
income derived from its trade or business for that year of
assessment commencing on the 1st January of the year immediately
following the year in which the eligible costs are undertaken, and,
where the tax credit, for that year of assessment, exceeds the
income tax payable by such an undertaking for that year, the excess
in the tax credit shall be allowed to be carried forward to the
subsequent year of assessment and deemed to be a tax credit for
that year
Provided that a tax credit shall not give rise to a right to a
refund of tax.
Provided further that unutilised tax credits can only be
availed of until year of assessment 2015.
(4) Where an undertaking has benefited from the provisions of
this regulation, the tax credit shall be deemed to have relieved from
tax so much of that undertaking’s chargeable income which, when
multiplied by the rates of tax at which it was chargeable in that
year, is equal to the tax credit on the investment; and where the
undertaking is a company and such undertaking or any subsequent
company distributes the income which is so deemed to have been
relieved from tax, such undertaking or undertakings shall state in
the dividend warrant pertaining to any such distribution that such
income has been relieved from tax by a tax credit in accordance
with this regulation; and the tax which has so been relieved shall
not be available for refund for any purpose of the Income Tax Act.
(5)
(a) In the case of an undertaking which is a company, the
chargeable income which is deemed to have been
relieved from tax in accordance with sub-regulation (4)
shall, for the purposes of the Income Tax Act, be
allocated to the Final Taxed Account of the company
in question and any dividends, or part thereof,
distributed from such income shall be exempted from
income tax in the hands of the members of the
company on receipt of such distribution.
(b) Where a dividend referred to in paragraph (a) is
distributed to a member which is also a company, in
this paragraph referred to as ''the second company'',
the said dividend shall likewise be distributed by the
second company to its members in the form of
dividends exempt from income tax in the hands of the
recipients, and where a member of the second
company is again a company, the preceding provisions
shall apply mutatis mutandis as though references to
the first company were references to the second
company, and as though references therein to the
second company were references to that member, and
the principle set out in this sub-regulation shall
continue to be applied for as long as such income or
part thereof to which this regulation applies are
distributed by way of dividends.
(6) In case of a company, no tax credit shall be due to an
undertaking under this regulation unless it is claimed in the
appropriate section of a tax return submitted by electronic means
by not later than the relative tax return date.
(7) Applications for assistance under this regulation shall reach
the Corporation by not later than the 31st March 2013.
(8) Notwithstanding the provisions of sub-regulation (7), where
the Corporation is satisfied that an undertaking that qualified for the
benefit under sub-regulations (1) and (2), has incurred eligible costs
between 1st July 2012 and 31st December 2012, applied for regulatory
licences and permits as required by the Guidelines before the 31st
March 2013 and attained these regulatory licences and permits after
31st March 2013, the Corporation may provide such an undertaking
with a tax credit under this regulation, provided that applications shall
reach the Corporation by not later than 31st December 2013.
14. (Deleted by L.N. 212 of 2015).
(Imħassar bl-A.L. 212 tal-2015).
(1) Where the Corporation is satisfied that an undertaking
carrying out a trade or business requires assistance to expand,
innovate or invest in its business in Malta, the Corporation may
provide such an undertaking with a tax credit. The intensity of the
tax credit shall be in accordance with the terms and conditions set
out in the Guidelines
Provided that this benefit shall be calculated on the eligible
costs incurred as from 1st January 2013 till the 31st December
2013
Provided further that the total amount of tax credits that
may be granted in terms of this regulation and any amount of tax
credit granted to an undertaking in terms of regulation 13 shall not
exceed twenty-five thousand euro (€25,000).
(2) In order to qualify for the benefit under sub-regulation (1),
the undertaking
(a) shall not have in its employ more than thirty full-time
employees, or equivalent, in its trade or business as on
the 30th November 2012
Provided that apprentices and students shall not be
treated as employees for the purpose of this paragraph;
and
(b) shall have a turnover or annual balance sheet total that
does not exceed ten million euro (€10,000,000).
(3) The tax credit referred into this regulation shall be due as a
deduction from tax payable by an undertaking on its chargeable
income derived from its trade or business for that year of
assessment commencing on the 1st January of the year immediately
following the year in which the eligible costs are undertaken, and,
where the tax credit, for that year of assessment, exceeds the
income tax payable by such an undertaking for that year, the excess
in the tax credit shall be allowed to be carried forward to the
subsequent year of assessment and deemed to be a tax credit for
that year
Provided that a tax credit shall not give rise to a right to a
refund of tax
Provided further that unutilised tax credits can only be
availed of until year of assessment 2017.
(4) Sub-regulations (4), (5) and (6) of regulation 13 shall apply
mutatis mutandis to tax credits under this regulation.
(5) Applications for assistance under this regulation shall reach
the Corporation by not later than the 31st March 2014.
(1) When the Corporation is satisfied that an undertaking
carrying on or intending to carry out a commercial activity that may
contribute to the economic development of Malta, requires
assistance for digital applications development as may be specified
in the Guidelines, the Corporation may provide such an
undertaking with a tax credit to be calculated as a percentage of the
eligible costs as may be defined in the Guidelines incurred as from
1st October 2012 of 100% for the subcontracted development of a
single digital game project that serves as a promotional tool and
informs users about the undertaking’s products or services in
accordance with the terms and conditions as may be set in the
Guidelines.
(2) The intensity of the tax credit shall be in accordance with
the terms and conditions of the Guidelines
Provided that this benefit shall be calculated on the eligible
costs incurred as from the 1st October 2012
Provided further that the total amount of the tax credit that
may be granted in terms of this regulation shall not exceed fifteen
thousand euro (€15,000).
(3) The tax credit referred to in this regulation shall be due as a
deduction from tax payable by an undertaking on its chargeable
income derived from its trade or business for that year of
assessment commencing on the 1st January of the year immediately
following the year in which the eligible costs are incurred, and
where the tax credit, for that year of assessment, exceeds the
income tax payable by such undertaking for that year, the excess in
the tax credit shall be allowed to be carried forward to the
subsequent year of assessment and deemed to be a tax credit for
that year
Provided that a tax credit shall not give rise to a right to a
refund of tax.
(4) Where an undertaking has benefited from the provisions of
this regulation, the tax credit shall be deemed to have relieved from
tax so much of that undertaking’s chargeable income which, when
multiplied by the rates of tax at which it was chargeable in that
year, is equal to the tax credit on the investment; and where such
undertaking or any subsequent company distributes the income
which is so deemed to have been relieved from tax, such
undertaking or undertakings shall state in the dividend warrant
pertaining to any such distribution that such income has been
relieved from tax by a tax credit in accordance with this regulation;
and the tax which has so been relieved shall not be available for
refund for any purpose of the Income Tax Act.
(5)
(a) The chargeable income which is deemed to have been
relieved from tax in accordance with sub-regulation (4)
shall, for the purposes of the Income Tax Act, be
allocated to the Final Taxed Account of the company in
question and any dividends, or part thereof, distributed
from such income shall be exempted from income tax
in the hands of the members of the company on receipt
of such distribution.
(b) Where a dividend referred to in paragraph (a) is
distributed to a member which is also a company, in
this sub-regulation referred to as ''the second
company'', the said dividend shall likewise be
distributed by the second company to its members in
the form of dividends exempt from income tax in the
hands of the recipients, and where a member of the
second company is again a company, the preceding
provisions shall apply mutatis mutandis as though
references to the first company were references to the
second company, and as though references therein to
the second company were references to that member,
and the principle set out in this sub-regulation shall
continue to be applied for as long as such income or
part thereof to which this regulation applies are
distributed by way of dividends.
(6) Applications for assistance under this regulation shall reach
the Corporation by not later than the 31st December, 2013.
(1) Where the Corporation is satisfied that an undertaking
carrying on or intending to carry out an activity that may contribute
to the economic development of Malta requires assistance to
achieve qualifying certifications awarded by a certifying body to
improve processes, products or services or to achieve growth in
international markets, the Corporation may provide such an
undertaking with a tax credit
Provided that for the purposes of this regulation, a
''qualifying certification'' and a ''certifying body'' shall have the
meaning attributed to them in the Guidelines.
(2) The total amount of tax credits that may be granted in terms
of this regulation shall not exceed fifty per cent (50%) of the
eligible costs as may be prescribed in the Guidelines and as
incurred and paid for as from the 1st March 2015 till the 31st
December 2017
Provided that for applications received by the Corporation on
or after 1 st January 2017, the total amount of tax credits that may be
granted in terms of this regulation shall not exceed seventy-five per
cent (75%) of the eligible costs as may be prescribed in the Guidelines
and as incurred and paid for as from the 1st March 2015 till the 31st
December 2017
Provided further that the total amount of tax credits that
may be granted in terms of this regulation may not exceed the
amount of twenty-five thousand euro (€25,000).
(3) The tax credit referred to in this regulation shall be due as a
deduction from tax payable by an undertaking on its chargeable
income derived from its trade or business for that year of
assessment commencing on the 1st January of the year immediately
following the year in which the eligible costs are incurred, and
where the tax credit, for that year of assessment, exceeds the
income tax payable by such an undertaking for that year, the excess
in tax credit shall be allowed to be carried forward to the
subsequent year of assessment and deemed to be a tax credit for
that year
Provided that unutilised tax credits can only be availed of
from the first year of assessment following the date of the Incentive
Entitlement Certificate issued by the Corporation and any
unutilised tax credit can only be carried forward to the next two
years of assessment
Provided also that ''Incentive Entitlement Certificate''
means an Incentive Entitlement Certificate as defined in the Act
Provided further that a tax credit shall not give rise to a
right to a refund of tax.
(4) Where an undertaking has benefited from the provisions of
this regulation, the tax credit shall be deemed to have relieved from
tax so much of that undertaking’s chargeable income which, when
multiplied by the rates of tax which it was chargeable in that year,
is equal to the tax credit on the investment; and where such
undertaking or any subsequent company distributes the income
which is so deemed to have been relieved from tax such
undertaking or undertakings shall state in the dividend warrant
pertaining to any such distribution that such income has been
relieved from tax by a tax credit in accordance with this regulation;
and the tax which has so been relieved shall not be available for
refund for any purpose of the Income Tax Act.
(5)
(a) The chargeable income which is deemed to have been
relieved from tax in accordance with sub-regulation (4)
shall, for the purposes of the Income Tax Act, be
allocated to the Final Taxed Account of the company in
question and any dividends, or part thereof, distributed
from such income shall be exempted from income tax
in the hands of the members of the company on receipt
of such distribution.
(b) Where a dividend referred to in paragraph (a) is
distributed to a member which is also a company, in
this sub-regulation referred to as ''the second
company'', the said dividend shall likewise be
distributed by the second company to its members in
the form of dividends exempt from income tax in the
hands of the recipients, and where a member of the
second company is again a company, the preceding
provisions shall apply mutatis mutandis as though
references to the first company were references to the
second company, and as though references therein to
the second company were references to that member,
and the principle set out in this sub-regulation shall
continue to be applied for as long as such income or
part thereof to which this regulation applies are
distributed by way of dividends.
(6) Applications for assistance under this regulation shall reach
the Corporation by not later than ten in the morning central
European time of the 31st December 2017.
Where the Corporation is satisfied that a business
association requires assistance to facilitate collaboration between
undertakings that carry on or intend to carry out activities that may
contribute to the economic development of Malta, the Corporation
may provide such a business association with a cash grant in
accordance with the terms and conditions set out in the Guidelines
Provided that for the purposes of this regulation, a
"business association" shall have the meaning attributed to it in the
Guidelines
Provided also that applications for assistance under this
regulation may be submitted to the Corporation as from the 1 st
January 2016 and shall reach the same Corporation by not later
than ten in the morning of the 31 st December 2020.
Where the Corporation is satisfied that a single small
undertaking carrying on or intending to carry out an activity as
prescribed in the Guidelines that may contribute to the economic
development of Malta, requires assistance for the rent of premises to
carry out such an activity, the Corporation may provide such a single
undertaking with a cash grant in accordance with the terms and
conditions set out in the Guidelines
Provided that applications for assistance under this
regulation may be submitted to the Corporation as from the 1st
March 2016 and shall reach the same Corporation by not later than
the 31st October 2019.
Where the Corporation is satisfied that a single
undertaking carrying on or intending to carry out an activity that
may contribute to the economic development of Malta, requires
assistance to set up business development projects aimed to expand
its business operation or to consolidate its current operations, the
Corporation may provide such a single undertaking with a tax
credit or a cash grant that m ay not exceed the limits set in
regulation 21 in accordance with the terms and conditions set out in
the Guidelines
Provided that applications for assistance under this
regulation may be submitted to the Corporation as from the 1st May
2016 and shall reach the same Corporation by not later than the
31st December 2020.
Any assistance that may be provided under these
regulations shall be in conformity with the De Minimis Regulation
as defined in Commission Regulation (EC) No. 1998/2006 of 15
December 2006 on the application of Articles 87 and 88 of the
Treaty to de minimis aid, or any other regulation that may substitute
it. An undertaking may receive a total amount of up to two hundred
thousand euro (€200,000) of de minimis aid over a consecutive
three fiscal year period. This maximum threshold includes all aid
granted as de minimis aid from the Corporation as well as from any
other entity
Provided that, as from the 1st January 2014, assistance
provided under regulations 4, 5, 6, 7, 12, 17, 18, 19 and 20 shall be
in conformity with Commission Regulation (EU) No 1407/2013 of
18 December 2013 on the application of Articles 107 and 108 of the
Treaty on the Functioning of the European Union to de minimis aid.
A single undertaking may receive a total amount of up to two
hundred thousand euro (€200,000) of de minimis aid over a
consecutive three fiscal year period. This maximum threshold
includes all aid granted as de minimis aid from the Corporation as
well as from any other entity
Provided further that for the purposes of regulations 4, 5, 6,
7, 12, 17, 18, 19 and 20, a ''single undertaking'' shall include all
ENTERPRISE SUPPORT INCENTIVES
undertakings having at least one of the following relationships with
each other
(a) one undertaking has a majority of the shareholders’ or
members’ voting rights in another undertaking;
(b) one undertaking has the right to appoint or remove a
majority of the members of the administrative,
management or supervisory body of another
undertaking;
(c) one undertaking has the right to exercise a dominant
influence over another undertaking pursuant to a
contract entered into with that undertaking or to a
provision in its memorandum or articles of
association;
(d) one undertaking, which is a shareholder in or member
of another undertaking, controls alone, pursuant to an
agreement with other shareholders in or members of
that undertaking, a majority of shareholders’ or
members’ voting rights in that undertaking.
Undertakings having any of the relationships referred to in
paragraphs (a) to (d) through one or more other undertakings shall
also be considered to be a single undertaking.