Программы вида на жительство на Мальте
TRANSCRIPT
The Malta Global Residence and Malta Residence and Visa Programmes
Dr. Kevin F. Dingli Dr. Veronica Delicata
2 GLOBAL RESIDENCE PROGRAMME(“GRP”)- Dr. Veronica Delicata
Senior AssociateDingli & Dingli Law Firm
3 Global Residence Programme Programme intended to attract expatriates (non EU, non EEA or non
Swiss) who are not long term residents of Malta AND who are seeking to establish an alternative residence base in the European Union.
Essentially a Tax Programme administered by the Maltese International Tax Unit (the “ITU”) in terms of which a Beneficiary can benefit from substantial tax saving opportunities.
Programme does not preclude Beneficiaries from working in Malta provided they obtain a work permit.
4 Malta Residence Programmes Options
Ordinary Residence Business Immigration Malta Residence and Visa Programme The Global Residence Programme The Residence Programme United Nations Pensions Programme Malta Retirement Programme Qualifying Employment in Innovation and Creativity (Personal
Tax) Rules Highly Qualified Persons Rules
5
Eligibility Criteria 1. Individual Applicants - excluding EU, Iceland, Norway, Liechtenstein and
Swiss nationals
2. Dependant Family Members and Household Staff may also be included within the Application (provided they reside with the Beneficiary in the Qualifying Property).
NOTE
►Applicants having dual nationality one of which is EU, EEA or Swiss are not eligible under the Programme
►Beneficiaries under any of the other Malta residence programmes are also excluded.
6 Eligible Dependants Eligible Dependants may be included in the same GRP Application:
- Spouse / Partner in a stable relationship- any Minor Child of the Applicant or of his Spouse / Partner,
including an adopted child- any Adult Child of the Applicant or of his Spouse / Partner (18 – 25 years of age and economically inactive)- any Adult Child of the Applicant or of his Spouse / Partner
unable to maintain himself owing to serious illness or disability - any Dependant Brothers, Sisters, Parents or Grand Parent of the Applicant or of his Spouse / Partner
7 Athorised Registered Mandatory
Applicants must be introduced to the ITU and represented throughout the application process by an Authorised Registered Mandatory (“ARM”)
Continued representation by the ARM at all times during the Beneficiary’s participation under the Programme
Dingli & Dingli Law Firm – recognised as an Authorised Registered Mandatory
8 Conditions 1. ►Own or Rent a Qualifying property
Value of property depends on location thereof in the Maltese islands In case of purchase, minimum value in range € 220,000 − € 275,000 In case of rent, minimum rental in range €8,750 - €9,600 per annum
Property already in ownership/ rent of Applicant can be used Property may not be let or sub-let to third parties Property to be occupied as principal place of residence worldwide (Primary
Residence) Property to be used exclusively by applicant, his dependants and any
household staff
12 months from date of ‘Letter of Intent’ by the Authority for condition of the Qualifying Property to be fulfilled.
9 Conditions (contd.)2. ►Be economically self- sufficient with stable and regular resources3. ►Possess a valid travel document4. ►Possess worldwide health insurance cover (€50,000 per
person) 5. ►Ability to Communicate in English or Maltese6. ►Is fit and proper
Administrative Fee (non-refundable) of €6,000 / €5,500 (if Applicant already owns property in the South of Malta)
10 Submission of GRP Application Forms and Documents (fully complete and in the required format)
Administrative Fee paid
Forms : (1) Application for Special Tax Status Global Residency Programme.
► this includes the authorisation of Authorised Registered Mandatory (2) Questionnaire in Connection with Global Residency Programme
Supporting Documents Original Supporting Documents (except where certified true copies of
originals are permissible) + authenticated English translationsExamples : Birth / Marriage / Police Conduct Certificates; Bank Statements etc.
Certified copies of documents and authenticated translations need to be legalised by Apostille (Hague Convention 1961) unless done in Malta
11 Indicative Time Line (in Weeks)
Submission of Application Forms and Documents to ITU
ITU issues Acknowledgement Letter and commences Due Diligence
ITU invites Applicant for an Interview in Malta
Letter of Intent / Notice of Primary Residence issued
Qualifying Property secured / Notice of Primary Residence submitted (Tax Reg. No. issued)
Payment of initial minimum Income Tax of €15,000
Letter of Confirmation of Special Tax Status issued
1
2
6
8
10
12
7
12 Malta Residency Cards (Economic Self Sufficiency)
Malta E-Residency Cards may be obtained by the Beneficiary and his Dependants on grounds of economic self-sufficiency
Application is made to Identity Malta Charge of €55 per applicant Capture of Biometric Data of Beneficiary and Dependants E-Residency Cards issued within 6 weeks E-Residency Cards must be collected in person E-Residency Cards are issued for a validity of 2 years
13 Malta Residency Cards - Requirements Requirements :
1 Letter to Identity Malta by the ARM giving reasons for application2 Completion of relevant Application Forms (Form K / Form ID-1A)3 Copy Letter of Confirmation of Special Tax Status4 Copy of Passport5 Recent Bank Statements (proof of financial means)6 Evidence of Comprehensive Worldwide Health Insurance (€50,000 minimum)7 Copy of Residential Lease Agreement8 Copies of Birth and Marriage Certificates
14 Residence <=> Domicile
Domicile
Origin (Birth)
Choice (Permanent Resettleme
nt)
Residence
Factual -183 days
Residence Programme
s
15 Global Residence Programme – Tax Treatment
As Resident Non-Domiciled individuals, beneficiaries would be subject to: Tax on Malta source income & foreign source income received in Malta, Foreign source Capital Gains are exempt even if received in Malta.
Special Tax Status Flat rate of 15% on foreign source income received in Malta, Minimum tax of €15,000 per annum Double Tax Relief available but subject to minimum tax payment.
35% rate on Malta source income: Such as over bank interest (MT bank account) and dividends (MT company)
16 Global Residence Programme – Continued obligations
Status holders not required to give count of actual physical presence in Malta but must ensure not to spend 183 days or more in any 1 other country;
Annually file Income Tax Return + effect payment of Income Tax
Annual Declaration to be submitted Continued fulfilment of the eligibility criteria; Not cause threats to :-
Public safety, Protection of public order, National security, Territorial integrity, Public health or morals.
17 Global Residence Programme – The Benefits
Fast process –
completed in weeks
Remittance basis of taxation + special tax
rate
No minimum presence required in Malta
Freedom of
movement within the Schengen
Area
Can include family
members +
domestic staff
18 MALTA RESIDENCE AND VISA PROGRAMME(“MRVP”)- Dr. Kevin F. Dingli
Managing Partner Dingli & Dingli Law Firm
19 Malta Residence and Visa Programme (“MRVP”)
Programme established by Regulations made under the Immigration Act in 2015 (Legal Notice 288/2015)
Leads to the acquisition of a permit to reside, settle or stay indefinitely in Malta
Identity Malta is the Government Agency responsible for the administration of the Programme
Applications are introduced to Identity Malta by Registered Accredited Persons (“RAPs”)
English is the language of the Programme
20 Malta Residence and Visa Programme (“MRVP”) Programme intended to fill a gap in the various residency and
citizenship programmes already available
Applies to third country nationals (non EU, non EEA or non Swiss citizens) (nationals of Afghanistan and North Korea are excluded)
Not a tax programme
Programme does not preclude beneficiaries from working in Malta provided they obtain a work permit
21 Malta Residence and Visa Programme
Programme centres around a Main Applicant and his Eligible Dependants
Residence Certificate issued once the established Conditions are satisfied
Certificate Entitles the Beneficiary and his Dependants to reside, settle or stay indefinitely in Malta
Residence Card also issued (valid for 5 years)(renewable)
Beneficiary not entitled to any other rights mentioned in the Immigration Regulations
22 Main Applicant The MRVP is focussed on the Main Applicant (‘Head of the
Family’), who must have the following qualifications : be at least 18 years of age meet the application requirements commit himself to provide proof of title to a Qualifying Property commit himself to invest in a Qualifying Investment commit himself to pay the Contribution
23 Eligible Dependants Eligible Dependants may be included in the same MRVP Application :
- Spouse / Partner of the Main Applicant- any Minor Child of the Main Applicant or of his Spouse (less than 18 years of age), including an adopted child- any Unmarried Adult Dependant Child of the Main Applicant or of his Spouse (18 – 26 years of age)- any medically certified Disabled Adult Child of the Main
Applicant or his spouse - any Dependant Parent or Grand Parent of the Main Applicant or of his Spouse
24 Appointment of Registered Accredited Person Applications are introduced to Identity Malta by a Registered
Accredited Person (“RAP”) RAP acts as the Main Applicant’s Representative on all
applications, correspondence and dealings with Identity Malta
The Main Applicant issues a Power of Attorney in favour of the RAP (and sometimes also enters into a Letter of Engagement with the RAP)
RAP completes and submits an Official Compliance Form (Form “MRVP5”) annually for first 5 years, and subsequently once every 5 years (also signed by Beneficiary)
RAP processes Residency Card renewal requests with Identity Malta
25 Proof of Assets or Income
• Capital Assets Requirement€500,00
0• OR Annual Income
Requirement (alternative)
€100,000
26 MVRP in a NutshellApplication Forms + Documents + Administrative Fee
Due Diligence Phase
Property + Investment + Contribution + Comprehensive Health Cover
Compliance with Ongoing Obligations
27 Submission of MVRP Application Forms + Documents (fully complete and in the required format) On acceptance for processing Identity Malta issues Invoice for
Administrative Fee Forms (1) Application Forms : MRVP1 for Main Applicant (to be
sworn/affirmed before a Commissioner for Oaths and apostilled) MRVP4 for Dependants; (2) Administrative Forms : (i) Form MRVP2 (Personal Details, and Source of Funds and Wealth for Main Applicant), MRVP3 (Medical Report) and MRVP6 (Clearance Form)
Original Supporting Documents (except where certified true copies of originals are permissible) + authenticated English translationsExamples : Birth / Marriage / Police Conduct Certificates; Bank Statements etc.
Certified copies of documents and authenticated translations need to be legalised by Apostille (Hague Convention 1961) unless done in Malta
28 Administrative Fee€5,500 payable on Application
Non-Refundable
on account of Contribution
29 Letter of Approval in Principle
Conditions to be
satisfied
Letter of Approval
in Principle
Due Diligence
Phase
30 Qualifying PropertyPurchase of Residential Property at minimum consideration €320,000 or Lease of Residential Property at minimum annual rent of €12,000
to be held for a minimum of 5 years from date of Certificate
31 Qualifying Investment
In the form of Malta Government Stocks
Having an initial market value of €250,000
To be held for a minimum period of 5 years from date of Certificate
32 Financial Contribution
€30,000 one-time contribution
Payable to the Government of Malta
33 Comprehensive Health Cover
Full Hospital Coverage (EU)
Main Applicant and Dependants
€30,000 per person per annum
34 Indicative Timeline (months)
1
• Submission of Application and Supporting Documents to Identity Malta (including initial vetting of Application Pack by Identity Malta)
4• Completion of Due Diligence Phase by Identity Malta – Letter
of Approval in Principle issued
5• Payment of Contribution, satisfaction of Property and
Investment requirements and Comprehensive Global Health Cover
35 Indicative Timeline
6• Issuance of Residency Certificate / Letter of Invitation
6• Visit to Malta for Biometric Data to be captured
6• Issuance of E-Residence Cards to Main Applicant and
Dependants• (within 3 – 5 working days of capture of biometric data)
36 Ongoing Obligations
The Beneficiary is obliged to continue to meet the Conditions imposed by the Regulations
In particular the Beneficiary is to have left Malta either for 6 consecutive months or for 10 months cumulative in a 4 year period
Failure to do so could lead to the revocation of the Certificate
37 Revocation of Certificate If the Beneficiary becomes a Maltese, EEA or Swiss national If the Beneficiary becomes a Long-Term Resident in Malta If the Beneficiary ceases to satisfy the Investment and Property
requirements or any other conditions laid down If the Beneficiary’s continued stay in Malta is not in the Public
Interest
38 Personal Income Tax Considerations The MVRP is not a tax programme The MVRP does not require a Beneficiary to become tax resident in Malta Once obtainted, the Certificate does not itself imply tax residency in
Malta A person only becomes tax resident in Malta if he physically spends 183
days + in Malta during any fiscal year (“Ordinary Residence”) A Person who is Ordinarily Resident in Malta becomes liable to personal
tax in Malta on income earned in Malta and/or remitted to Malta (Ordinary Tax Rates apply)
A Person who is both Ordinarily Resident and Domiciled in Malta becomes liable to personal tax in Malta in respect of his worldwide income
39 Benefits
Residency Rights
No Prejudice to Dual
Citizenship prohibition
Visa Free Schengen
Travel
вопросы? Dr. Kevin F. Dingli Dr. Veronica [email protected] [email protected]