S.L. 123.55 ст. 2Definitions.

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

"the Act" means the Income Tax Act;

"associated company" means a company that is related to another company to which reference is made in the context in which this term is used in a way that -

(a) the two companies form part of the same group; or

(b) the two companies are owned or controlled directly or indirectly as to more than 50% by the same persons;

"beneficiary" means a person to whom a benefit is or is deemed to be provided;

"benefit" means anything that is deemed to be a benefit in terms of rule 9, 17, 20, 26, 28, 30, 32, 36, 39 or 45:

Provided that, notwithstanding anything to the contrary contained in these rules, the private use of an aircraft by an individual who -

(a) is an employee or officer of an employer, company or partnership whose business activities include the ownership, leasing, or operation of any one or more aircraft or aircraft engine which is used for or employed in the international transport of passengers or goods, and

(b) is not resident in Malta, shall not be deemed to constitute a benefit for the purposes of these rules; "controlling position" has the meaning assigned to it in sub-rule

(2) of this rule; "director" means -

(a) any person occupying the position of director of a company by whatever name he may be called;

(b) any person carrying out substantially the same functions in relation to the direction of the company as those carried out by a director;

(c) any person in accordance with whose direction or instructions the directors of a company are accustomed to act;

"employee" means an individual who performs services under a contract of employment whether written or not with another person;

"employer" means a person who engages or has engaged another person to perform services under a contract of employment;

"member of the family" of a person means the spouse, ascendant, direct descendant or an adoptive child of that person, or the spouse of such ascendant, descendant or adoptive child or an individual who ordinarily resides in the same residence as that person, whether related to him or not;

"officer" means the holder of an office and includes also an individual who -

(a) is a director of a company; or

(b) holds directly or indirectly more than 5% of the ordinary share capital or of the voting rights in a company; or

(c) is a partner in a partnership; "partnership" means a civil or commercial partnership constituted under or in accordance with Maltese law other than a company; "property" means any kind of movable or immovable property; "provider of a benefit" means a person who provides or who is deemed to provide a benefit.

(2) In these rules a person shall be deemed to be in a controlling position in a company if -

(a) he is an individual who holds directly or indirectly 25% or more of the ordinary share capital or the voting rights in that company or in an associated company; or

(b) he is an individual who holds, directly or indirectly, shares in that company and the shares so held, together with any shares held directly or indirectly in that company or an associated company by a member or members of his family, amount to or represent an aggregate of more than 50% of the ordinary share capital or the voting rights in that company; or

(c) he is an individual who is a director of that company or of an associated company but is not registered with the competent authority set up under the Employment and

Training Services Act as a whole time employee with that company or with an associated company.