RESIDENTS

To be deemed a Malta ordinary resident under Malta income tax legislation, an individual should spend more than six months in Malta. Nevertheless, there are instances when one can be deemed ordinarily resident even if he/she does not spend more than six months in Malta in a calendar year.

Ordinary residence requires more than mere residence. It connotes residence in a place with some degree of continuity and implies residence is usually part of a person's everyday life.

Whereas case law has interpreted the test to establish residence as a test driven by a physical presence test (183 days), a legalistic facts and circumstances test is applied to determine an ordinary place.

Therefore, ordinary residence can be attained over a longer period even if one spends less than six months physically in Malta. The following have been said to constitute "ordinary residence":

• a regular physical presence in a country;
• residence with a degree of continuity;
• living taken up voluntarily.

When applied to an individual, the term resident generally denotes an individual who resides in Malta except for temporary absences. Countries generally determine tax residence according to the number of days spent in a country in any given period or consecutive periods, typically 183 days in a calendar year.

An individual is a Malta ordinary resident if such person is present in that country from year to year. Common resident implies a fixed, regular presence in a country. Consequently, an individual may have dual residences. To this end, Malta's Double Tax Treaty Network plays a fundamental role in resolving dual residence conflicts.

An individual is domiciled in a country if such country is his permanent home. Domicile implies material residence in a country combined with residing permanently. No person can be without a domicile. Moreover, a person can have only one domicile at the same time.

Individuals obtain the domicile of their fathers upon birth. Still, domicile received at birth (domicile of origin) may be replaced with a domicile of choice (e.g., when a person immigrates to another country intending to reside permanently in such country). A domicile of origin may be displaced only if the relative person does not intend to return to reside in his domicile of origin.

Generally, there are two sets of rates that apply to resident individuals. These are the rates known as 'married rates' (which apply to a joint computation) and the rates known as 'single rates' (which apply in separate computations).

PARENT RATES

To qualify for this computation, a parent must satisfy these conditions:

• s/he maintained under his/her custody a child or paid maintenance (established or authorised by courts) in respect of his or her child;
• such child was not over 18 years of age, or not over 21 years if receiving full-time instruction at a tertiary education establishment;
• such child did not earn income over €2,400 from gainful occupation.

NON RESIDENTS

Individuals who stay in Malta for less than six months are considered to be non-residents and pay tax at non-resident rates. The rates of tax that apply to non-residents are uniform. Unlike residents, non-residents do not have the right to use joint computations.