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Residency Options
Besides Malta`s attractive climate, safe and relatively crime free environment and English speaking population, Malta is also an ideal place to take up residence. One may do this in terms of the Residents Scheme Regulations 2004.
Residents Scheme Regulations, 2004
One may take up residence in Malta by obtaining a certificate from the Inland Revenue Department, which certificate is issued for an indefinite period as long as certain conditions are satisfied on an annual basis. Holders may therefore reside indefinitely in Malta and may enter and leave Malta as and when required without the need of any other formalities.
The following is a list of incentives and advantages applicable to holders of a certificate in terms of the Residents Scheme Regulations:
• A low flat rate of income tax of 15% with a minimum tax liability of €4,192 per annum after double taxation relief.
• Malta’s tax legislation provides for relief from double taxation, whether through negotiated double tax agreements with a substantial number of countries worldwide, or through unilateral provisions.
• There is no real estate tax in Malta. Tax on capital gains arising from the sale of real estate in Malta does exist but residents are exempt if they have used the property as their main residence for three consecutive years and the property is disposed of not later than one year of vacating it.
• Duty, at 5%, is however chargeable on the purchase of real estate in Malta.
Conditions for Application
One must own worldwide capital of at least €349,000 (or equivalent) or have an annual income of not less than €23,000 (or equivalent) arising outside Malta. The permit holder is also required to remit to Malta a mnimum of €13,950 per annum plus €2,300 for each dependant, including the spouse. The minimum remittances must not be repatriated out of Malta. Furthermore, a holder of a Residents Scheme certificate is required to purchase or lease property in Malta, having the following minimum values:
• Purchase of apartment: €69,000;
• Purchase of house: €116,000;
• Lease of residence: €4,150 per annum.
Application Process
The application form has to be accompanied by the following documents:
• A copy of the applicant’s birth certificate or marriage certificate, as applicable
• Three passport-size photographs in respect of the applicant and his or her spouse and dependants (where applicable);
• A police conduct certificate in respect of the applicant and his or her spouse (where applicable) from the police authorities nearest to the place of residence. (UK applicants must submit a “Subject Access Enquiry Certificate”);
• A copy of the personal details page in the applicant’s passport as well as that of his or her spouse;
• A financial certificate from the applicant’s bankers, accountants or a financial institution, stating that the applicant has an annual income in excess of €23,000 (or equivalent) or a minimum capital of €349,000, and is able to transfer €13,950 (or equivalent) per annum.
The €13,950 must be increased by €2,300 for each dependant whose name appears on the application (e.g. for an applicant and spouse the amount required is €16,250);
• A self-declaration stating that the applicant shall remit to Malta the minimum amounts required.
• A copy of either the deed of purchase or the lease/rent agreement if the applicant already owns or rents/leases property in Malta. If the applicant does not already own/lease property in Malta a copy of such deed/agreement is required to be produced at the point in time when one actually takes up residence in Malta this being not later than 12 months after the date of issue of the residence permit.
All the above documents must be certified by a Notary and apostilled by the Ministry of Foreign Affairs in the country of nationality. A processing fee of Euro 115 must also be paid on submission of application.
Timing
The issue of a certificate typically takes around three months from the date of the application. The minimum amount of tax shall be payable within thirty days of approval of the application and shall be credited against the tax due for the first year of residence. The holder of a permit must take up residence within 12 months from the issue of the said permit.
Household Effects
EU Citizens may import their household effects (excluding a car) into Malta free of VAT and import duties. For non-EU citizens, Customs may initially require either a deposit or a bank guarantee for the amount of VAT/duty in question. Upon the expiry of 200 cumulative days stay in Malta within a year any such deposits or bank guarantees are refunded or cancelled, provided that the duration of stay can be proved.
Car
EU citizens may register a car in Malta without the payment of any tax provided that they can prove that they have transferred their residence to Malta and have owned the car for 24months prior to it being brought into Malta. The car must be brought into Malta within 12 months of taking up residence.
Inheritance and capital transfer tax
There is no general inheritance tax system in Malta. However, upon the transfer or transmission (upon death) of:
• Real estate or shares in a company owning mainly real estate a duty of 5% is payable;
• Marketable securities (mainly shares in Maltese companies) a duty of 2% is payable
Other Residents
An individual may also take up residence in Malta by declaring his intention within three months of arrival in Malta. A person taking up residence in Malta must complete and submit a form (EU or non-EU) at the Immigration Division at Police Headquarters.
The local authorities would require such foreign individuals to prove that they have sufficient means to live in Malta without being a burden on the country.
An individual may also become a resident of Malta as a consequence of taking up employment in Malta. A foreigner taking up such employment would require employment permission, which would be applied for by his employer.
Schengen Zone (Uniform Residence Permit)
In 2007, Malta became part of the Schengen Zone. Non-EU citizens may obtain the Uniform Residence Permit, which is issued on the basis of one being a permanent resident. In this case, it grants its holder the possibility to travel throughout the Schengen Zone without the requirement of a visa for at least three months.
In order to apply for the Uniform Residency Permit, the applicant must have a place of residence in Malta.