S.L. 372.14 Art. 2Interpretation.

In these rules, unless the context otherwise requires -

"Act" means the Income Tax Management Act;

"emoluments" means:

(i) any income, including any fringe benefits, chargeable to tax under article 4(1)(b) of the Income Tax Act and any income exempt under article 12 of the said Act which would have been chargeable under the said article 4(1)(b) but for the said exemption; and

(ii) any pension arising or received in Malta chargeable to tax under article 4(1)(d) of the said Act; and

(iii) any other remuneration payable or fringe benefits that are provided to an individual for services rendered by him except where such individual receives such payment in the course of his trade, business, profession or vocation or is otherwise required to be registered for the purposes of the Value Added Tax Act, in respect of such services, or where he renders such services to any individual for domestic and private purposes; "fringe benefits" means any benefits provided or deemed to be provided by reason of an employment or office in terms of the provisions of article 4(1)(b) of the Income Tax Act or of regulations prescribed under that paragraph;

"paid" means paid directly or indirectly in cash or in kind, and includes the provision of a fringe benefit, and the terms "payable" and "payment" shall be construed accordingly; "paid in cash" includes paid by cheque or draft, credited or deposited in a bank or other account elsewhere for the benefit, use or advantage of the payee and any set off against any liability of the payee, and the terms "payable in cash" and "payment in cash" shall be construed accordingly; "payee" means any person to whom emoluments are paid;

"payer" means any person by whom emoluments are paid or deemed to be paid in terms of the provisions of article 4(1)(b) of the Income Tax Act or of regulations prescribed under that paragraph, or who pays, or is liable to pay emoluments whether on his own account or on behalf of another person and includes government departments, persons in the public service of Malta, public corporations and their officials, and other bodies of persons and their officials; "qualifying overtime income" shall have the meaning as assigned to it in the Tax on Overtime Rules;

"rate of tax" includes a nil rate; "value of fringe benefits" means the value of fringe benefits determined in accordance with regulations prescribed for the purposes of article 4(1)(b) of the Income Tax Act.

Payee Status Declaration