S.L. 123.87 Art. 5Letter of approval by the Corporation.

(1) When the Corporation is satisfied that the application is a application that complies with the provisions of rule bona fide 4, and when, after it has obtained all such information and made such ascertainment as it has considered necessary, it considers it appropriate so to do, it may determine that the course in question is a course leading to a relevant qualification and determine the extent to which, in its opinion, the expenditure referred to in the application constitutes qualifying wages and tuition expenditure and is necessary and reasonable in the light of the purpose for which it is or was intended to be incurred, and the amount so determined shall constitute the maximum qualifying wages and tuition expenditure: Provided that the Corporation shall not make such a determination in respect of a course of studies that -

(a) commences after the 31st December, 2008 or after such earlier date as the Corporation may specify by means of a notice in the Gazette;

(b) is longer than thirty-six months.

(2) The Corporation may make the determination under this rule subject to such conditions as it may consider appropriate.

(3) When the Corporation makes a determination under this rule, it shall issue a letter of approval in respect of each course of studies to which that determination refers showing -

(a) the particulars of the applicant and of the employee in question, including the date of the commencement of the employee’s employment with the applicant;

(b) a description of the course and the relative qualification, specifying whether it is to be treated as a general or a specific qualification;

(c) any conditions that the Corporation may have considered appropriate pursuant to sub-rule (2);

(d) the maximum qualifying wages and tuition expenditure for each item of expenditure, indicating the category under rule 4(2) to which each such item belongs;

(e) the earliest date by which the course is to commence or the date on which it has commenced and the latest date by which it is to be successfully concluded;

(f) such other particulars as the Corporation may consider appropriate.

(4) The Corporation shall deliver the letter of approval to the applicant and a copy thereof to the Commissioner.

(5) The Corporation shall issue the said letter of approval by not later than the company’s relative tax return date.