Keeping up to date: Malta Enterprise and other support measures

May 2020

A number of legal notices and announcements relating to schemes administered by, amongst others, Malta Enterprise Corporation have recently been published. A short summary of salient updates below:

A. New Schemes

  1. Gozo Teleworking Scheme 2020

Budget Measures 2020 
Incentives for the Creation of Jobs in Gozo
Gozo Teleworking Scheme 2020

Further to the announcement, during the 2020 Budget Speech, of tax measures for companies providing teleworking from Gozo, the Ministry for Gozo has launched the Gozo Teleworking Scheme for Gozitan employees working in the Maltese private sector.

This Scheme offers financial assistance to employers to alleviate employee costs and provides an opportunity to Gozitan employees to reduce travelling between the two islands. This Scheme is available to Malta-based entities that offer teleworking facilities to Gozitan employees (subject to certain exclusions such as shareholders, directors, and persons occupying official positions with NGOs), limited to a maximum of 10 employees for 2020.

 

This incentive Scheme is made up of two components, providing for a financial reimbursement of the following costs:

  • For teleworking granted on or after 1 January 2020, capital expenditure incurred to invest in technology that enables teleworking (i.e. laptops, personal computers and printers). In this case, the aid is calculated at 75% of the expenditure, capped at €850 per employee i.e. up to €1,133 in eligible costs for each employee;
  • Salary costs of up to €10,000 per employee spread over a period of three years, calculated on a pro-rata basis depending on the number of hours per week that the employee is assigned to telework from Gozo. Certain conditions and cappings apply.

This incentive Scheme is regulated under the European Commission’s De Minimis Regulation and applications should be submitted by 25 September 2020 (subject to budget availability).

B. Recent Legislative Developments

1. Rent Subsidy 2020

L.N. 187 of 2020
MALTA ENTERPRISE ACT (CAP. 463)
Rent Subsidy Regulations, 2020

Malta Enterprise Corporation has issued updated regulations and guidelines relating to the Rent Subsidy Scheme. Very broadly, this incentive supports eligible small and medium-sized undertakings that require additional industrial space to:

(i) start a new business activity,
(ii) implement growth plans,
(iii) handle an increase in orders, and / or
(iv) carry out process innovations required to increase efficiency.

Under this Scheme, eligible undertakings include those engaged in:

(a) manufacturing;
(b) maintenance and repairs of motor vehicles;
(c) repair of machinery and equipment; and
(d) other industrial activities.

An applicant may apply under this incentive scheme provided that during the preceding two fiscal years, the single undertaking (as defined) did not employ more than 100 employees on full-time contracts and had an annual turnover and balance sheet total (in the case of a company) of up to €10 million.

Aid is awarded in the form of a cash grant amounting to up to 50% of the rental expense incurred on the additional industrial premises rented from an unrelated third party in the private sector. The renting of certain properties, such as showrooms, is excluded. 

The aid is capped at a maximum annual amount of €25,000 per annum per single undertaking, which may be approved for a maximum period of three years, i.e. a maximum amount of €75,000 per single undertaking over a three-year period. 

This incentive Scheme is regulated under the European Commission’s De Minimis Regulation and is applicable until 31 December 2022. Applications should reach Malta Enterprise Corporation within one year from the commencement date of the rental agreement.

2. Skills Development Scheme 2020

L.N. 152 of 2020 
MALTA ENTERPRISE ACT (CAP. 463) 
Skills Development (Amendment) Regulations, 2020

The Skills Development Scheme is intended to support training and knowledge transfer initiatives taken by specific eligible undertakings and which satisfy prescribed criteria. This Scheme was first issued in September 2018 however various amendments have recently been made thereto.

This measure is available to duly registered undertakings, including self-employed persons, that carry out in Malta at least one of a number of varied qualifying activities specifically prescribed in the applicable Guidelines, to which recently have been added the construction sector and financial and insurance activities.

At application stage, the undertaking is required to employ at least 5 full-time employees and the relevant training must lead to the acquisition of skills, knowhow or knowledge. Team building activities, training which relates to company focused actions specific to the employer (e.g. training on the corporate culture, values, organisational behavior, etc,) and training related to gambling are excluded.

Aid is granted in the form of tax credits, which may be carried forward to subsequent years of assessment for a period of up to 10 years, but in particular instances, may be partly given in the form of a cash grant.

The aid intensity depends on the size of the undertaking and is calculated as a percentage (ranging from 50% for large undertakings to 70% for small undertakings) of eligible costs, which include wage costs (subject to conditions), consultancy costs, air travel expenses and rental of training rooms. The maximum support per skills development project shall be of €2,000,000.

This Scheme is applicable until 31 December 2022. Application forms should reach Malta Enterprise Corporation by 30 November 2022.  

3. Start-Up Finance 2020

L.N. 335 of 2019
MALTA ENTERPRISE ACT (CAP 463)
Start-Up Finance 2020


This Scheme is intended to support eligible small start-up undertakings that demonstrate a viable business concept to expand and further their economic activity. A start-up undertaking is defined as any unlisted small enterprise up to 5 years following its registration which satisfies a number of conditions and criteria and which is engaged in a qualifying economic activity, including manufacturing, software development, pharmaceuticals and other innovative economic activities.

A project may be considered eligible for assistance if it meets two of the following criteria:

a)  propose products and/or services that have the potential to generate income from variou geographical markets;

b)  produce products and/or service which are new or substantially improved compared to complementary products on the market;

c)  utilise processes which are new or substantially improved compared to those adopted in current complementary activities.

Through this Scheme, Malta Enterprise Corporation may provide support linked to private equity, wage costs, crowd funding, procurement of tangible and intangible assets, and participation in a recognized Start-Up Accelerator program that essentially provides connections, mentorship, training and other support culminating in a pitch event through which the start-up undertaking may receive equity from private or institutional investors.

The support provided under this Scheme varies from a onetime Accelerator Grant to repayable advances of amounts depending on the type of category the start-up undertaking is applying under. In any case, the assistance is capped at €400,000 which may be increased to up to €800,000 if the Start-up is an ‘Innovative Enterprise’ as defined in the relevant Guidelines.

This incentive shall be available from 1 January 2020 until the 31 December 2022. A start-up undertaking may apply under this Scheme by submitting an application form to Malta Enterprise Corporation within 36 months from the start-up date.

4. Interest Rate Subsidy Regulations, 2019

L.N. 285 of 2019
MALTA ENTERPRISE ACT (CAP 463)
Interest Rate Subsidy Regulations, 2019

This Scheme is intended to assist eligible undertakings by subsidizing interest charged on a loan, issued by a bank licensed to operate in Malta, in order to finance the acquisition of certain tangible assets required for an eligible initial investment project (as defined). This Scheme is applicable to undertakings engaged in qualifying economic activities, including manufacturing, Information Technology and pharmaceuticals, amongst others.

Support consists of an interest rate subsidy of up to 3% per annum provided by Malta Enterprise Corporation. Irrespective of the term of the loan, the subsidy is only available for a maximum period of ten years from the date of initial drawdown.

The value of the aid under this Scheme is calculated by way of a prescribed discounting formula but in any case, the value in gross grant equivalent is capped at 30%, 20% and 10% of qualifying expenditure for small, medium-sized and large undertakings respectively.

This Scheme is applicable until the 31 December 2022. Application forms to avail of such Scheme should reach Malta Enterprise Corporation prior to the commencement of the investment project.

5. Qualifying Employment in Innovation and Creativity (Personal Tax) Rules

L.N. 282 of 2019
INCOME TAX ACT (CAP 123)
Qualifying Employment in Innovation and Creativity (Personal Tax) Rules

This Scheme is aimed at facilitating the employment of non-Maltese residents in roles which are not specifically addressed by the current Maltese labour market, by providing fiscal incentives to non-Maltese residents and individuals not domiciled in Malta coming to work in Malta under specific conditions.  

Individuals may avail of this fiscal incentive subject to the satisfaction of criteria including:

(i)  possession of a relevant qualification or experience,

(ii)  employment in an eligible office (very broadly, a role directly engaged in the carrying out or management of prescribed activities in research and development), and

(iii) earning a minimum income of €52,000 from a qualifying contract of employment. Furthermore, the individual must not benefit from exemptions provided under the Income Tax Act, specifically those applicable for insurance and investment services expatriates, and must not acquire immovable property in Malta or any real rights thereon.

The incentive consists of a reduced tax rate of 15% on the employment income which is applicable for a consecutive period of up to 4 years, which may be extended for specific periods by approval from Malta Enterprise Corporation.

Specific considerations apply in the case of terminations of employment.

Determinations under this Scheme will be issued by Malta Enterprise Corporation until 31 December 2025, and no further benefits may be availed after year of assessment 2030.

6. Brexit Support Scheme Regulations

L.N. 273 of 2019
MALTA ENTEPRISE ACT (CAP 463)
Brexit Support Scheme Regulations

This Scheme is designed to support business undertakings operating in Malta with access to advisory services and guidance so as to review and address disruption which may be caused or which have occurred due to Britain’s exit from the European Union (Brexit).

The aim of the incentive is to assist undertakings to analyse the possible effects of Brexit on their business and to develop appropriate business strategies to mitigate the impact of Brexit and maximise business opportunities that Brexit might create.

This measure is available to duly registered SMEs carrying out an economic activity in Malta and that at the point of application employ at least two persons. The undertaking is required to justify significant dependency on the British market which shall be considered if for the last 2 years 20% of the undertakings’ turnover was dependent on transactions related to the British market.

This Scheme provides for aid in the form of a cash grant that covers up to 50% of costs incurred for Brexit-related consultancy services provided by an external professional service provider, up to a maximum of €5,000.

Interested applicants may apply under this Scheme by submitting an application form prior to the commencement of the advisory services. This Scheme is applicable until 31 December 2020 (subject to budget availability).

C. Important Reminders

1. Micro Invest

Assistance under this Scheme is provided to self-employed persons / undertakings employing less than 50 full-time employees and having an annual turnover of less than €10 million. Aid under this Scheme is granted in the form of a tax credit amounting to 45% of eligible expenditure (65% for undertakings operating from Gozo and in other specific circumstances) and should be utilised within a three-year period against the tax due on the income derived from the trade or business activity only.

The maximum amount of aid awarded under this Scheme is capped at €50,000 over a three-year period on a group basis (may be increased to €70,000 in certain circumstances). Application forms relating to eligible costs incurred by undertakings in 2019 should be submitted electronically by 16 December 2020. In such cases the aid granted should be utilised within a three-year period as from the year of assessment 2021.

2. Business Enhance ERDF (European Regional Development Fund) Grant Schemes

Under Operational Programme I for Malta’s EU Cohesion Policy programme (2014-2020), €51m had been earmarked for ERDF Grant Schemes in aid of SMEs. There are seven grant Schemes that are broadly aimed at supporting investments made by SMEs, and which provide for assistance in the following areas:

  • Research, Development and Innovation (latest cut-off date being 30 November 2020)  
  • e-Commerce (latest cut-off date being 30 November 2020)    
  • Start up Investment (latest cut-off date being 30 November 2020)    
  • SME Growth (latest cut-off date being 30 November 2020)    
  • SME Diversification and Innovation (latest cut-off date being 30 November 2020)      
  • SME Internationalisation (latest cut-off date being 30 November 2020)   
  • SME Consultancy Services (latest cut-off date being 30 November 2020)

The aid provided depends on the particular Scheme, however, in all cases, no expenditure should be incurred by an enterprise before approval of the project first having been issued by the relevant intermediary body.

These Schemes are administered through an open rolling call with scheduled cut-off dates and are currently available as indicated above.

3. Investment Aid Tax Credits 2014 - 2020 Scheme: new projects

Applications under the above-captioned Scheme for initial investment projects which started after 1 January 2018 should be submitted within one year from the project’s start of works date. For undertakings to avail of aid provided under this Scheme on an initial investment project, the start of works of such project should take place before 31 December 2020.

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