Author: Jade Micallef, Senior Tax Accountant

Date: 9th February 2021

By virtue of Legal Notice 29 of 2021, the Highly Qualified Persons (Amendment) Rules, various amendments were introduced relative to the benefits granted in the Highly Qualified Persons Rules, Subsidiary Legislation 123.126. These amendments are applicable retrospectively as from 31 December 2020.

Such amendments can be summarised as follows:

  • EEA and Swiss nationals who apply to benefit under the HQPR are now eligible for two further extensions of five years (instead of one, as previously applied) or four years with respect to third-country nationals, subject to prescribed limitations.
  • Rules were extended for another five years and no determinations by the respective competent authorities shall be issued after 31 December 2025. Any such determination issued must make reference to any employment where the benefit provided in terms of the Rules commences by 31st December 2026 and ceases to apply by 31st December 2030.