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Tax Residence

Last Updated: 30/06/2020

 

  1. ​Residence does not depend on nationality or any other civil status but is a question of fact. A person may be resident in Malta even if he is also resident for tax purposes in another country.
  2. Presence in Malta for more than 183 days in any particular year amounts to residence in Malta for that year, regardless of the purpose and the nature of the individual’s stay in Malta. An individual who comes to Malta to establish his residence here becomes resident from the date of his arrival, regardless of the duration of his stay in Malta in any particular year. 
  3. A person who lives in Malta on a permanent or indefinite basis is ordinarily resident in Malta. A person who is in Malta for a temporary purpose may become ordinarily resident in certain circumstances. This would apply, for example, to individuals who are in Malta for more than 183 days in each year over a long period - say, for three consecutive years. It can also apply to individuals who do not stay in Malta for more than 183 days in any year but who come to Malta regularly over a long period - say, over a period of three years - and establish personal and economic ties with Malta.
  4. An ordinary resident loses his residence status if he leaves Malta permanently or indefinitely. If he is temporarily absent from Malta, he continues to be considered as resident here unless his absence is or becomes inconsistent with a residence status. This depends on the circumstances of each case and, in particular, on the personal and economic ties that the individual may have retained with Malta.

Further information is available in The Remittance Basis of Taxation for Individuals under the Income Tax Act