Nomad Residence Permit
On the 2nd of June 2021, the Residency Malta Agency (formerly known as the Malta Residency Visa Agency) in collaboration with Identity Malta Agency launched a new residence permit referred to as the Nomad Residence Permit.
Through this permit, third country nationals will have the opportunity to work remotely from Malta for a temporary period provided they confirm that they can work remotely from any location.
The applicant would however be required to confirm that they fall under one of the following categories:
- They work for an employer registered abroad; or
- They conduct business activity for a company registered abroad, and of which they are partners or shareholders; or
- They offer freelance or consulting services to clients whose permanent establishments are in a foreign country.
In addition to the above, the applicant must reach a monthly income threshold of EUR 2,700 gross of tax and be able to provide a valid travel document, health insurance, a copy of their lease or purchase agreement in Malta and pass a background check.
This residence permit will be issued for one year however may be renewed upon application at the discretion of Residency Malta, provided all eligibility criteria is still being met.
The benefit of this program is that a third country national may retain their current employment with a foreign company whilst legally residing in Malta.
From a tax perspective, the normal rules shall apply unless a special tax scheme is applied (for example the Global Residence Programme).
Typically, in terms of the double tax treaties, any income from the foreign employers to Maltese tax residents will be taxed in Malta. Therefore, if the intention of this temporary period is to extend beyond six months then such foreign employees will be Maltese tax residents for the duration of this period. It is within the responsibility of the employee to report such taxes to the Commissioner for Revenue (‘CfR’). If the foreign employer has a permanent establishment in Malta in terms of the treaty, then the employer too would need to register in Malta with the CfR.