AN ACT enacted by the Parliament of
Malta.
AN ACT to implement Budget Measures
for the financial year 2018 and other
administrative measures.
(d) immediately after sub-article (26) thereof, there
shall be added the following new sub-article:
"(27) Any individual who during any year preceding the
year of assessment:
(i) is ordinarily resident in Malta but not
domiciled in Malta (hereinafter "the non-domiciled
individual") and to whom provisos (i) and (ii) of article
4(1) apply, and who is not taxable in accordance with any
scheme under the Act effectively establishing a minimum
tax payable; and
(ii) derives income (including, in the case of a
married couple whose income is chargeable to tax in terms
of article 49 of the Act, the income derived by both
spouses) amounting to not less than thirty five thousand
euro (€35,000) or its equivalent in another currency, or
such other amount as may be prescribed, arising outside
Malta and referred to in proviso (i) to sub-article (1) of
article 4 of the Act, but which is not received in Malta,
shall, for any year of assessment, be subject to a tax
liability on his income amounting to not less than five
thousand euro (€5,000) per annum (hereinafter "the
minimum tax"), and should the income (excluding capital
gains chargeable in terms of article 5A of this Act)
chargeable to tax in the hands of such individual for any
year of assessment result in a
tax liability (before taking
into account any relief granted in terms of articles 76 to 89
of the Act) amounting to less than the minimum tax, he
shall be deemed to have received in Malta additional
income arising outside Malta as shall result in a total tax
liability on his total income, wherever arising, amounting
to the minimum tax:
VERŻJONI ELETTRONIKA
A 179
Provided that in computing the minimum tax,
account shall be taken of tax paid under this Act, whether by
withholding or otherwise, in respect of all income (excluding
tax imposed in terms of article 5A of this Act), whether arising
in Malta or outside Malta:
Provided further that if the non-domiciled individual
can prove to the satisfaction of the Commissioner that if he had
been subject to tax without taking into account the provisions of
provisos (i) and (ii) to sub-article (1) of article (4) of the Act,
the total tax payable by him would have amounted to less than
the minimum tax, his tax liability shall be capped accordingly at
the said lower amount.".