The notion of residence of a corporation and its implications for income tax and exchange control purposes in Malta

Abstract

The great importance of 'residence' as a connecting factor in the field of Maltese Fiscal law is generally recognised and appreciated. This has been the prime factor which has induced me to choose this specific matter as the subject of my thesis. It has been felt necessary, however, to limit the analysis of this notion to certain particular branches of this area of law and therefore, it is intended that the discussion will only revolve round the spheres of Exchange Control and Income Tax. It is in fact in these two branches of our fiscal law that the concept of 'residence' attains the maximum of relevance. Moreover, although this concept is applicable both to natural and legal persons, its interpretation and implications differ according to which of the two classes of persons is dealt with. Because of this, a choice between the two has had to be made and it has been decided to restrict the discussion to legal persons, with specific reference to corporations. In order to fulfill the aims of the title which has been thus chosen, it is intended to divide the thesis into three main chapters with various subheadings to each chapter.