S.L. 123.141 Art. 2Interpretation.

(1) In these rules, unless the context otherwise requires:

"the Act" means the Income Tax Act;

"artificial arrangement" shall include an arrangement in terms of which a beneficiary receives any benefit or payment, in whatever form, from a person who is related to his employer and such beneficiary does not declare for tax purposes such benefit or payment in Malta or is not liable to tax on such income in Malta;

"Commissioner" means the Commissioner for Revenue; "Corporation" means the Malta Enterprise Corporation as established in the Malta Enterprise Act; "eligible office" means an employment in a role directly engaged in carrying out or management of research, development, design, analytical or innovation activities as may be further specified in the Guidelines published by the Corporation; "public interest" includes the interests of public safety, the protection of public order, national security, territorial integrity, public health or morals; "qualification" means any diploma, certificate, degree or other formal educational achievement in a subject area relevant to an eligible office, attained through an educational establishment attesting the successful completion of a post-secondary education programme at graduate level as recognized by the Malta Qualifications Recognition

Information Centre as established by article 6 of the Mutual Recognition of Qualifications Act; "relevant experience" means at least three years of experience in a role comparable to that of the eligible office as may be further specified in a Guideline document issued by the Corporation; ''relevant qualification'' means any diploma, certificate, degree or other formal educational achievement in a subject area relevant to an eligible office, attained through an educational establishment attesting the successful completion of a post-secondary education programme at graduate level as recognized by the Malta Qualifications Recognition

Information Centre as established by article 6 of the Mutual

*see regulation 1(2) of these Regulations as originally promulgated. Recognition of Qualifications Act;

"rights acquired under this law" means the right to elect to pay tax at the reduced rate of tax contemplated in article 56(21) of the Act and these rules; "these rules" includes the provisions of these rules and of article 56

(21) of the Act; "third-country national" means any person who is not a citizen of the European Union within the meaning of Article 20 of the Treaty on the European Union and the Treaty on the Functioning of the European Union.

(2) A person shall be deemed to be related to a body of persons if:

(a) that person and the body of persons are, directly or indirectly, controlled or beneficially owned to the extent of more than twenty-five percent (25%) by the same persons; or

(b) that person owns, directly or indirectly, more than twenty-five percent (25%) of the ordinary share capital or voting rights of the body of persons.