Real Estate Law

Malta Residence Programmes

A snap shot of the various Residence Programmes currently accommodated by Malta’s strategic legislative framework.

The Acquisition of Immovable Property in Malta by Non-Residents

Townhouses, farmhouses, penthouses, houses of character, villas, bungalows, maisonettes, country views, sea views. You want it, Malta’s got it.

Malta’s Individual Investor Programme (IIP)

By virtue of Legal Notice LN47/2014, the Government of the Republic of Malta grants, after a rigid and thorough due diligence process, naturalisation by investment to reputable individuals and their dependants who will make a significant contribution to the social and economic development of the country. The Malta Individual Investor Programme (IIP) is the first citizenship programme in the EU to be recognised by the European Commission.

Malta Retirement Programme

The residence scheme for foreign retiree individuals who are European Union, European Economic Area (Iceland, Norway, Liechtenstein) and Swiss nationals was introduced by virtue of Legal Notice 317 of 2012 and Article 56(3) of the Income Tax Act – Chapter 123 of the Laws of Malta in terms of which a successful applicant is granted a special tax status.

Repatriation of Maltese Professionals

In terms of the Repatriation of Persons established in a Field of Excellence Rules, (Subsidiary Legislation 123.142), an eligible individual who is established in a field of excellence and returns as an ordinary resident to Malta may opt to have his income from employment exercised in Malta charged to tax at a flat rate of 15% without the facility to claim any deductions. Any other income will be taxed at the rate applicable to that income had the option not been exercised.

Global Residence Programme

The Global Residence Programme (GRP)is a programme designed to attract non-EU, non-EEA (Iceland, Norway or Leichtenstein) and non-Swiss nationals who are not long-term residents. Individuals benefitting under the GRP may be employed in Malta subject to the satisfaction of the requisite conditions for obtaining a work permit. Beneficiaries may also have special carers providing a service in their qualifying property, subject to the satisfaction of certain prescribed procedures.

Highly Qualified Persons Rules

The Highly Qualified Persons Rules (Subsidiary Legislation 123.126) is intended to attract highly qualified persons to occupy “eligible office” with companies licensed and/or recognized by the Malta Financial Services Authority, companies licensed by the Lotteries and Gaming Authority and companies holding an Air Operators’ Certificate issued by the Authority for Transport in Malta. The rules for the scheme came into force with effect from 1 January 2010 and apply to income which is brought to charge in year of assessment 2011 (basis year 2010) and apply to individuals not domiciled in Malta, with the exception to the positions associated with the aviation sector where the rules are effective from 1st January 2012 i.e. year of assessment 2013.

High Net Worth Individuals Rules

Individuals from the EU, the EEA (Iceland, Norway and Liechtenstein), Switzerland and outside the EU are eligible to apply for a special tax status in terms of the High Net Worth Individuals Rules.

Acquisition of Immovable Property in Malta

Citizens of all European Union member states, including therefore Maltese Citizens, who have resided in Malta continuously for a minimum period of five years at any time preceding the date of acquisition may freely acquire immovable property without the necessity of obtaining a permit under the Immovable Property (Acquisition by Non-Residents) Act – Chapter 246 of the Laws of Malta (the “AIP Act”).

Citizens of all European Union member states, including therefore Maltese Citizens, who have not resided continuously in Malta for a minimum period of five years may only purchase their primary residence or any immovable property required for their business activities or supply of services without the necessity of obtaining a permit under the AIP Act.

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