S.L. 123.84 · Tax Credits (Owners And Operators Of (S.L. 123.84)
S.L. 123.84 Art. 2Definitions. Cap. 123. S.L. 325.06
In these rules, unless the context otherwise requires -"the Act" means the Income Tax Act;
"additional employee" means an employee whose employment is certified by the Corporation as the employment of an additional employee by means of a certificate issued under rule 11; "allowable expenditure" has the meaning assigned to it in rule 9; "approved project" means a project approved in accordance with rule 5, as subject to any conditions that may be applicable in terms of rule 5(2); "the Corporation" means the Malta Enterprise Corporation; "eligible operator" means a company, whose business consists solely of the operation of any warehouse or such related activities as may be approved by the Corporation; "eligible owner" means a company, including an eligible operator, that -
(i) owns, or
(ii) holds under any title valid at law, including a title of lease, or
(iii) as a result of an approved project, will own or hold under any such title a warehouse situated within a free zone: Provided that the title holder of any property mentioned in paragraphs (ii) and (iii) shall not be in any way related to the eligible owner; "free zone" means a site or an area in Malta that is recognised by the Comptroller of Customs as a free zone for the purposes of customs legislation;
"maximum qualifying expenditure" has the meaning assigned to it in rule 6; "project period" means the period commencing on the earliest date of commencement and ending on the latest date of completion of the project in question as determined in terms of rule 7(1)(d); "qualifying company" means an eligible owner or an eligible operator; "qualifying expenditure" means expenditure incurred in the carrying out of a qualifying project for -
(i) the construction, development or improvement of a warehouse within a free zone, including related labour costs which are capitalised as part of the cost of such construction, development or improvement;
(ii) the acquisition of plant and machinery that is required for the provision of warehousing facilities within a free zone or for the operation of a warehouse within a free zone, excluding office furniture, non-commercial motor vehicles, works of art, antiques and any assets whose use is wholly or mainly of a decorative nature or whose cost is related to their intrinsic value rather than to their specific usefulness for a qualifying project;
"qualifying project" means -
(i) a project of an eligible owner that involves qualifying expenditure; or
(ii) a project of an eligible operator that involves qualifying expenditure referred to in paragraph (ii) of the definition of "qualifying expenditure"; "small enterprise" and "medium-sized enterprise" have the meaning assigned to them under the Business Promotion Regulations.