S.L. 123.142 Art. 4Beneficiary. Cap. 463.

(1) A beneficiary is an eligible person who, to the satisfaction of the Corporation, meets all of the following conditions:

(a) he is an individual who derives income subject to tax under article 4(1)(b) of the Act, being emoluments payable under a qualifying contract of employment, and received in respect of work or duties carried out in Malta or in respect of any period spent outside Malta in connection with such work or duties or on leave during the carrying out of such work or duties;

(b) he proves to the satisfaction of Malta Enterprise Corporation that he is in possession of educational and, or professional qualifications as are relevant in the profession or sector specified in the binding job offer or in the qualifying contract of employment as these may be further defined in Guidelines which may be issued by Malta Enterprise Corporation in terms of the Malta Enterprise Act;

(c) he is protected as an employee under Maltese law, irrespective of the legal relationship, for the purpose of exercising genuine and effective work for, or under the direction of, someone else, is paid, and has the required adequate and specific competence, as proven to the satisfaction of Malta Enterprise Corporation.

(2) A beneficiary shall fully disclose for tax purposes and declare emoluments received in respect of income from a qualifying contract of employment and all income received from a person related to his employer paying out income from a qualifying contract which is chargeable to tax in Malta.