Legal update: Highly Qualified Persons Rules

Source: Dr Marilyn Mifsud¸ PKF Malta


Legal Notice 152 of 2013¸ has brought into effect amendments to the Highly Qualified Persons Rules¸ applicable retrospectively from the 1st of January 2013.


In 2010¸ the Rules introduced tax benefits available to senior employees of companies licensed or recognised by the MFSA/ LGA or which hold holding an air operators’ certificate issued in terms of Civil Aviation (Air Operators’ Certificates) Act. Such senior employees may opt to pay tax at the flat rate of 15% on employment income derived in respect of work or duties carried out in Malta¸ to the extent that such income emanates from a designated ‘qualifying contract’ as defined at law.


This Legal Notice has amended and added job titles in respect of eligible senior employees in the aviation sector.  Aviation Continuing Airworthiness Inspector¸ Aviation Flight Operations¸ have been substituted with Aviation Continuing Airworthiness Manager and Aviation Flight Operations Manager and Aviation Ground Operations Manager has been included in the list of designations. This brings the total number of directly aviation-related ‘eligible offices’ under the Highly Qualified Rules to five:


i) Aviation Continuing Airworthiness Manager;

ii) Aviation Flight Operations Manager;

iii) Aviation Ground Operations Manager;

iv) Aviation Accountable Manager (included within the eligible office of ‘Chief Operations Officer’) and

v) Aviation Training Manager