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SKILLS DEVELOPMENT REGULATIONS

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Laws of Malta — Subsidiary Legislation 463.48 — SKILLS DEVELOPMENT REGULATIONS

SKILLS DEVELOPMENT

SUBSIDIARY LEGISLATION 463.48

SKILLS DEVELOPMENT REGULATIONS

18th July, 2023

LEGAL NOTICE 167 of 2023.

Laws of Malta — Subsidiary Legislation 463.48 — SKILLS DEVELOPMENT REGULATIONS

The title of these regulations is the Skills Development

Regulations.

Laws of Malta — Subsidiary Legislation 463.48 — SKILLS DEVELOPMENT REGULATIONS

In these regulations, unless the context otherwise

requires

"Act" means the Malta Enterprise Act;

"Corporation" shall have the same meaning as assigned

to it in the Act;

"Guidelines" means the Guidelines as may be published

by the Corporation from time to time in accordance with the

Act, establishing the parameters of implementing the aid

granted by virtue of these regulations;

"large undertaking" means any enterprise that does not

qualify as a small undertaking or a medium-sized undertaking;

"medium-sized undertaking" shall have the same

meaning as assigned to it in Annex I of the Commission

Regulation (EU) No 651/2014 of 17 June 2014 declaring

certain categories of aid compatible with the internal market in

application of Articles 107 and 108 of the Treaty, as amended;

"small undertaking" shall have the same meaning as

assigned to it in Annex I of the Commission Regulation (EU)

No 651/2014 of 17 June 2014 declaring certain categories of aid

compatible with the internal market in application of Articles

107 and 108 of the Treaty, as amended;

"undertaking" shall have the same meaning as assigned

to it in the Act.

Laws of Malta — Subsidiary Legislation 463.48 — SKILLS DEVELOPMENT REGULATIONS

(1)

When the Corporation is satisfied that an

undertaking carrying out or intending to carry out an activity that may

contribute to the economic development of Malta, requires assistance

to increase the skills and knowledge of its employees in relation to the

requirements of their employment through training, the Corporation

may provide such an undertaking with a tax credit or a cash grant or a

combination of both, in accordance with the terms and conditions set

out in the Guidelines;

(2)

No cash grants shall be due in respect to training that

SKILLS DEVELOPMENT

commences prior to the formal approval from the Corporation.

Laws of Malta — Subsidiary Legislation 463.48 — SKILLS DEVELOPMENT REGULATIONS

(1)

Any assistance provided in accordance with these

regulations shall not exceed

(a)

seventy per cent (70%) of the eligible costs in the

case of an undertaking which qualifies as a small undertaking;

(b)

sixty per cent (60%) of the eligible costs in the

case of an undertaking which qualifies as a medium-sized

undertaking;

(c)

fifty per cent (50%) of the eligible costs in the

case of an undertaking which qualifies as a large undertaking.

(2)

The maximum aid for each skills development project

shall not exceed two million euro (€2,000,000).

Laws of Malta — Subsidiary Legislation 463.48 — SKILLS DEVELOPMENT REGULATIONS

(1)

An undertaking benefitting from tax credits in

accordance with these regulations and the respective Guidelines shall

be entitled to deduct from the amount of income tax, which is due on

its chargeable income derived from its trade or business in the years of

assessment immediately following the award of the benefit, an amount

equivalent to the tax credit awarded to it.

(2)

An undertaking that, in any year of assessment, does not

utilise any tax credit awarded to it or deducts a value from the amount

of income tax which is due on its chargeable income derived from its

trade or business that is less than the tax credit awarded to it, shall

carry forward the unutilised tax credit for the subsequent years of

assessment.

(3)

Tax credits awarded in accordance with the regulations

and the respective Guidelines shall not give rise to a right to a refund

of tax.

Laws of Malta — Subsidiary Legislation 463.48 — SKILLS DEVELOPMENT REGULATIONS

(1)

The Corporation shall establish a deadline for the

submission of applications in the Guidelines.

(2)

No aid shall be granted in accordance with these

regulations by the Corporation after the 31st of December 2023.

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