S.L. 123.180 Art. 7Condition for the beneficiary to remain in employment.      S.L. 372.28.

(1) The tax credit under these rules shall be allowed on condition that the individual remains continuously in whole-time employment and continues to perform his services wholly or mainly in

Malta up to the end of the fourth year, or, in the case to which rule 4(2) applies, the fifth year following the year in which the course or programme of studies in question was successfully completed.

(2) Any individual to whom a tax credit is allowed under these rules and who is in breach of the condition set out in this rule shall refund to the Commissioner an amount equal the tax credit with interest at the rate determined in accordance with the Income Tax (Rate of Interest) Rules running from the date on which that condition is breached. No interest shall be chargeable if the individual informs the Commissioner in writing about the breach of the condition within four months and effects the refund within twelve months from the date of the breach of the condition.

(3) Sub-rule (2) shall be without prejudice to the liability of any person arising in terms of any provision of the Income Tax Acts for an omission from a tax return, sohowever that the breach of the condition set out in this rule shall not, of itself, be treated as an omission.

(4) An individual whose employment is terminated or who does not remain in whole-time employment shall not be treated to be in breach of the condition set out in this rule if -

(a) he takes up whole-time employment in Malta again within three months; or

(b) his whole-time employment is terminated on account of certified sickness or injury.