S.L. 123.219 Art. 4Beneficiariesunder these rules.

A beneficiary is an individual who satisfies 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 with regard to any period spent outside Malta in relation to such work or duties, or on leave during the carrying out of such work or duties;

(b) he is protected as an employee in accordance with Maltese law, irrespective of the legal relationship between the employee and the employer, 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 the competent authority;

(c) he proves to the satisfaction of the competent authority that he is in possession of professional qualifications;

(d) he is not an individual who has benefited under article 6 of the Act;

(e) he fully discloses for tax purposes and declares emoluments received in respect of income from a qualifying contract of employment and all income received from a person who is related to his employer in respect of an activity which is substantively derived from the employment covered by the qualifying contract of employment as are chargeable to tax in Malta;

(f) he proves to the satisfaction of the competent authority that he performs activities of an eligible office;

(g) he proves to the satisfaction of the competent authority that:

(i) he is in receipt of stable and regular resources which are sufficient to maintain himself and a family in Malta which are comparable to his, without recourse to the social assistance system in Malta;

(ii) he resides in accommodation regarded as normal in Malta for himself, and where he forms part of a family living in Malta, for a comparable family in Malta, and which satisfies the general health and safety standards in force in Malta;

(iii) he is in possession of a valid travel document;

(iv) he is in possession of private medical insurance in respect of all risks normally covered for Maltese nationals for himself and the members of his family, irrespective of who is responsible for the cost of such insurance; and

(v) he is not domiciled in Malta; and

(h) such other conditions as may be deemed fit by the competent authority, including conditions in respect of training personnel in the field of expertise related to the relevant eligible office of the beneficiary.