The Residence Programme Rules

The Residence Programme Rules

The conditions advanced by The Residence Programme (TRP), reflect the Global Residence Programme with regards to tax and property thresholds however TRP applies to EU/EEA/Swiss nationals. Individuals who had been granted a special tax status under the previous regime (known as the High Net Worth Individuals Rules – HNWI) have the opportunity to apply to the Commissioner of Revenue to be granted a special tax status under The Residence Programme Rules.

Main Benefits of The Malta Residence Programme

Once an applicant is approved under The Malta Residence Programme rules, the applicant will receive a certificate of confirmation from the Office of the Commissioner for Revenue.

Any foreign sourced income remitted by the applicant to Malta will be taxed at a special fixed tax rate of 15%.

All other foreign sourced income which is not remitted to Malta will not be taxed in Malta. Whereas income generated in Malta is taxable at 35%.

 Eligibility to Apply under The Malta Residence Programme

An individual shall be eligible to apply for a residence permit in Malta under The Residence Programme, if he or she satisfies all of the following requirements:

  • Is an EU (excluding Maltese), EEA or Swiss national;
  • He/She is not a person who benefits under the Residents Scheme Regulations, the High Net Worth Individuals -EU / EEA / Swiss Nationals Rules, the High Net Worth Individuals – Non-EU / EEA / Swiss Nationals Rules, the Malta Retirement Programme Rules, the Qualifying Employment in Innovation and Creativity (Personal Tax) Rules or the Highly Qualified Persons Rules
  • The applicant must rent an immovable property in Malta for not less than €9,600 per annum (or rent an immovable property in Gozo or South of Malta for not less than €8,750 per annum) or purchase an immovable property in Malta for a value of not less than €275,000 (reductions apply in respect of properties in Gozo and the South of Malta);
  • The immovable property must not be shared with individuals not listed as dependants on the applicant’s certificate (exemption applies for special carers);
  • Applicant must be in possession of health insurance policy which covers himself and his dependents in respect of all risks across the whole of the European Union;
  • Applicant must be deemed to be a fit and proper person, and therefore, an international due diligence exercise shall be carried out by the Malta International & Corporate Tax Unit prior to the granting of the special tax status;
  • Applicant can adequately communicate in English or Maltese;
  • A non-refundable one-off fee of €6,000 must be paid by the applicant upon submitting the application (a reduction applies in relation to applicants purchasing or renting in Gozo or the south of Malta);
  • The main applicant must pay a minimum annual tax of €15,000 per year;
  • The main applicant must not reside in any other jurisdiction for a minimum period of 183 days in a calendar year.

Annual Compliance Obligations

Any individual that has been granted special tax status under The Malta Residence Programme must comply with the following obligations on a yearly basis:

  • The immovable property holding must be retained;
  • The applicant must retain the health insurance policy;
  • The applicant must not reside in any other jurisdiction for more than 183 days;
  • Special reporting obligations (the filing of an annual declaration together with the annual tax return).

GVZH as authorised registered mandatory undertakes the annual compliance obligations.

Tax Treatment

  • Any foreign sourced income which has been remitted to Malta shall be taxable at a fixed rate of 15%, with the possibility of claiming double tax relief on such income;
  • Applicant must pay a minimum tax of €15,000 every year;
  • A beneficiary and his spouse cannot opt for a separate tax computation;
  • Foreign sourced income which is not remitted to Malta is not taxed in Malta;
  • Income generated in Malta will be taxed at a flat 35%.

Authorised Registered Mandatory

Any application for special tax status under The Residence Programme must be made through the services of a person that is licensed as an “Authorised Registered Mandatory” with the Office of the Commissioner for Revenue.

Get in touch with us