Duty on Documents and Transfers Act (Cap. 364)
Duty on Documents and Transfers Act (Cap. 364), article 35A
35A. (1) No duty shall be levied upon the transfer of any
immovable property to a disability trust or a disability foundation where
all of the following conditions are met:
(i) the main beneficiary shall be the disabled person whereas
the parents of the disabled person and/or the other
beneficiaries of the disability trust or foundation shall be
residual beneficiaries;
(ii) the trust instrument or the foundation deed shall state tha t
the trustee of the foundation shall hold the immovable
property or any sale proceeds thereof solely for the benefit
of the disabled person during that person’s lifetime, and
that any income of the trust or foundation is to be used
exclusively for the maintenance of the disabled person.
(2) No duty shall be levied upon the transfer of any immovable
property by a trustee of a disability trust or by a disability foundation to
the beneficiaries of the disabil ity trust or foundation and/or heirs of the
disabled person following his death where the immovable propert y was,
prior to the transfer whereby it becomes property of the disabi lity trust
or disability foundation, a dwelling house used as the ordinary residence
of the parents of the disabled person and in which the disabled person
resided during his lifetime up to his death:
Cap. 123.
P r o v i d e d t h a t s u c h h e i r s a r e persons referred to in article
5(2)(e)(i) of the Income Tax Act in relation to the disabled person.
Cap. 123.
(3) For the purposes of this article, "disability trust" and "di sability
foundation" shall have the same meaning as in article 12(l)( z) of the
Income Tax Act .
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