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S.L. 123.83 · Tax Credit (Back Office Operations) Rules (S.L. 123.83)

S.L. 123.83 ст. 2Definitions. Cap. 123. S.L. 325.06

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In these rules, unless the context otherwise requires -"the Act" means the Income Tax Act;

"additional employee" means an employee whose employment is certified by the Corporation as the employment of an additional employee by means of a certificate issued under rule 11; "allowable expenditure" has the meaning assigned to it in rule 9; "approved project" means a project approved in accordance with rule 5, as subject to any conditions that may be applicable in terms of rule 5(2); "back office operations" means the provision by a company of professional or administration services under outsourcing agreements with enterprises established outside Malta, where such services are to be used by those enterprises outside Malta; "company" means a company, as defined in the Act, that qualifies as a small or medium-sized enterprise: Provided that as from such date as the Minister responsible for finance may prescribe, "company" shall also include a company as defined in the Act that does not qualify as a small or medium sized enterprise;

"the Corporation" means the Malta Enterprise Corporation; "maximum qualifying expenditure" has the meaning assigned to it in rule 6; "project period" means the period commencing on the earliest date of commencement and ending on the latest date of completion of the project in question as determined in terms of rule 7(1)(d);

"qualifying expenditure" means expenditure incurred in the carrying out of a qualifying project for -

(i) the acquisition, construction, development or improvement of any immovable property, including related labour costs which are capitalised as part of the cost of such acquisition, construction, development or improvement;

(ii) the acquisition of plant and machinery, excluding motor vehicles, works of art, antiques and any assets whose use is wholly or mainly of a decorative nature or whose cost is related to their intrinsic value rather than to their specific usefulness for a qualifying project;

(iii) the acquisition of intellectual property rights from third parties under open market conditions the cost of which is amortisable; "qualifying project" means a project, involving capital expenditure, for the development or enhancement of facilities that are used or designed to be used for back office operations in Malta;

"small enterprise" and "medium-sized enterprise" have the meaning assigned to them under the Business Promotion Regulations.