Malta - British Expat Forum

I am just about to head off to yet another meeting with ARMS. I have actually gotten to the stage of seeking legal advice.

I am a British National living in Malta since 2008. When I took tenancy of my rental property in July 2008 I contacted the Electricity and water service to have the bill put into my name and submitted forms which also asked for the names and ID numbers (Maltese ID cards that we all hold) of those living in the house. Every bill we receive has always been billed as zero residents so we are paying a domestic rate which is 30-40% more than a Maltese Citizen.


I have contacted so many people in the last few years: MEP's Office of the PM, individual MP's, petitioned with the EU, opposition party, EUSEC and even David Cameron LOL... it was worth a shot. The only persons to reply were the Opposition Party and to date their help has been excellent.

This is when I decided to take legal advice, which was:

"EU law considers freedom of movement of persons as one of its major principles. This implies that all the Member States' institutions and all the companies who work in the Member States are obliged to treat other Member States' nationals who reside in that Country as they treat their own nationals".

Fighting this alone is no fun and I just know that there have to be groups somewhere in Malta already set up.

Any help or advice would be truly appreciated as I don't know where to go next.

Have you contacted AD on this - they have had a big campaign.

I presume you have residency cards and tax numbers as well as ID cards ? ID cards are not proof of residence

I can't get residency as I don't pay tax. I don't earn enough to do so, but from the extensive research I have done on this, as an EU National....... we have to be treated in exactly the same way as Maltese Nationals.

My understanding is that Malta are being questioned on this practice but as yet have not answered the EU in over 5 years.....??

(I can't get residency as I don't pay tax. I don't earn enough to do so)

If you live in Malta and want to be treated as a resident then you must fill in a tax form even if you do not earn enough to pay tax, you will then have a tax number and can apply for residency. Currently you are just being treated as a visitor.

Terry

Sorry 1410, I cannot see what you are doing battle about. Every adult needs to register with the tax office but there is no tax registration requirement on the residency application. Like many things in Malta it seems there is no 'joined up' thinking between various departments.
From the end of this year you need residency as 'alien' ID cards will become invalid. Then you'll have to pay the tourist rate on the buses. Not fair I agree. c.

hmmm that's interesting Chris because when i took my residency forms to the office way back in 2008 I was told that as I wasn't working ie paying so tax the forms couldn't be accepted.

My fight is basically that what they are doing in Malta is against EU directives, as I posted above.

I do realize I am banging my head off a brick wall however and may not achieve anything. it irks me even more that I have Maltese children and even they are not recognized as residents.

I had no clue about the change of rules coming up re residency. Thank you for advising me.

pmg1410 wrote:hmmm that's interesting Chris because when i took my residency forms to the office way back in 2008 I was told that as I wasn't working ie paying so tax the forms couldn't be accepted.

Sounds like confusion over your status - presumably you are "economically self sufficient" - i.e. not working but got a few bob coming in or in the Bank.

If there is a more complex 'relationship' issue please feel free to PM me.

chris green wrote:From the end of this year you need residency as 'alien' ID cards will become invalid. Then you'll have to pay the tourist rate on the buses.

Wouldn't this be a too blatant case of discrimination even by Maltese standards?

1) Foreign residents don't get ID cards
2) Without an ID card you pay more for the buses

But if you have residency you will be provided with a new photo card which will entitle you to the advantageous bus fares.

OK, thanks Chris. Didn't know there will be a new "residency card" to replace the ID card.

The whole point of my posting was that registering for tax does not mean you have to pay tax as this depends on your income but it does make you a legal resident rather than someone who is trying to avoid paying tax but would like all the benefits that residents get.
This is a requirement in most if not all eu countries. In the UK for instance a UK OAP will get free or reduced bus fares, a German OAP in the UK but not registered in the tax system will not, simples!

Terry

Cuauhtli wrote:OK, thanks Chris. Didn't know there will be a new "residency card" to replace the ID card.

this new card will replace both the ID card and the old residency card

pmg1410 wrote:I had no clue about the change of rules coming up re residency. Thank you for advising me.

just to clarify, there is no change on residency rules. If you are a resident, you must have

1. ID card
2. residency card
3. tax number
4. social security number (if working)

if you have an ID card, you must also by law have a residency card, as tourists shouldn't apply for an ID card

1 and 2 are being combined into one card, but there are no changes other than that - the system is actually being simplified, which can't be bad

SandT wrote:The whole point of my posting was that registering for tax does not mean you have to pay tax as this depends on your income but it does make you a legal resident rather than someone who is trying to avoid paying tax but would like all the benefits that residents get.Terry

Terry is quite correct and even if you fall below the tax threshold you are required to make a declaration. Also any local Bank interest however small must be declared as the Banks do supply that information to the Revenue man. Failure to do so could attract uncomfortable investigation.

I'm not sure if I will be allowed to post this here, but i read in the Sunday Times that a class action is to be pursued against ARMS Ltd.

I have more information if anyone should want it.