Cap. 246 Art. 2Interpretation.

In this Act, unless the context otherwise requires -

"building" includes a plot of land and for the purposes of article

6 the projected cost of its development;

"continuous period" shall be calculated by ignoring any periods totalling less than ninety days in any calendar year during which an individual is not in Malta provided that such periods do not exceed ninety days in any given calendar year; "European Union" means the European Union referred to in the Treaty; "Government" means the Government of Malta;

"immovable property" means and includes all things, rights and actions which are immovable by their nature or by reason of the object to which they refer in accordance with articles 308 and 310

of the Civil Code; "Malta" has the same meaning as is assigned to it by article 124 of the Constitution; "Member State" means a state which is a member of the European Union; "Minister" means the Minister responsible for finance, and except for the purposes of an order made in terms of article 6(1) or regulations made in virtue of article 8, includes where delegated in writing by the Minister, and public officer in the Ministry of Finance so delegated by the Minister; "non-resident person" means and includes:

(a) any individual who is not a citizen of Malta or of another Member State, excluding third country nationals holding long-term resident status in terms of the Immigration Act and subsidiary legislation thereof; or

(b) a citizen of Malta or of another Member State, who has not been resident in Malta for a minimum continuous period of five years at any time preceding the date of acquisition; or

(c) any body or other association of persons, and any authority, institution, organisation, fund, firm and any other entity whatsoever, whether corporate or not, if:

(i) it is constituted, formed, established, incorporated or registered in, or under the laws of, a state other than Malta or another Member State; or

(ii) it has its registered address, principal place of residence or of business in a state other than Malta or another Member State; or

(iii) twenty-five per cent or more of its share or other capital is owned by a non-resident person or is registered in the name of a trustee for the benefit of a non-resident person; or

(iv) it is in any manner and whether directly or indirectly controlled by one or more non-resident persons;

(d) any trustee in terms of a trust who is:

(i) a non-resident person unless all the beneficiaries of the trust are determined and are residents of Malta and in case of a discretionary trust where the power of appointment or any discretion may be exercised in favour of residents of Malta;

(ii) a resident of Malta where any of the beneficiaries are non-resident persons and in case of a discretionary trust, where the power of appointment or any discretion may be exercised in favour of any nonresident person;

"primary residence" means the dwelling house in which an individual habitually resides in, or intends to habitually reside in, as his principal place of abode, whether in Malta or elsewhere; "resident of Malta" means an individual who is:

(a) a citizen of Malta or another Member State who has been resident in Malta for a minimum continuous period of five years at any time preceding the date of acquisition;

(b) the spouse, of whatever nationality and wherever resident, of a citizen of Malta or another Member State where such spouses are acquiring together on the same deed;

(c) a third country national holding long-term resident status in terms of the Immigration Act and subsidiary legislation thereof; "secondary residence purposes" means purposes other than for primary residence or for any of the purposes listed in article 3(2)(b) or (3); "special designated area" means a zone described in the First Schedule and such other zone as the Minister may from time to time by order in the Gazette add to such schedule; "the Treaty" has the same meaning as is assigned to it in article 2 of the European Union Act.