S.L. 123.141 Art. 4Beneficiary.

A beneficiary is an individual who meets all of the following conditions:

(a) he is an individual who derives income subject to tax under article 4(1)(b) of the Act, being emoluments payable under a qualifying contract of employment, and received in respect of work or duties carried out in Malta in fulfilling the role required by the eligible office, or in respect of any period spent outside Malta in connection with such work or duties, or on leave during the carrying out of such work or duties;

(b) he is protected as an employee under Maltese law, irrespective of the legal relationship, for the purpose of exercising genuine and effective work for, or under the direction of, someone else, is paid, and has the required adequate and specific competence, as proven to the satisfaction of the Corporation;

(c) he proves to the satisfaction of the Corporation that he is in possession of a relevant qualification or relevant experience;

(d) he is not an individual who has benefited under article 6 of the Act;

(e) he fully discloses for tax purposes and declares emoluments received in respect of income from a qualifying contract of employment and all income received from a person related to his employer paying out income from a qualifying contract as chargeable to tax in Malta;

(f) he proves to the satisfaction of the Corporation that he performs activities of an eligible office; and

(g) he proves to the satisfaction of the Corporation that:

(i) he is in receipt of stable and regular resources which are sufficient to maintain himself and the members of his family without recourse to the social assistance system in Malta;

(ii) he resides in accommodation regarded as normal for a comparable family in Malta and which meets the general health and safety standards in force in Malta;

(iii) he is in possession of a valid travel document;

(iv) he is in possession of sickness insurance in respect of all risks normally covered for Maltese nationals for himself and the members of his family; and

(v) he is not domiciled in Malta.