Tuesday, May 1, 2018

Government seeks to attract foreign IVF specialists through tax incentives

'Embryologists' have been added to the list of Highly Qualified Persons, a scheme which attracts specialised professionals who are not domiciled in Malta by offering tax cuts as of 27 April 2018.

Government MPs and the Opposition are currently at odds over amendments to the Embryo Protection Act of 2012. The amendments would introduce embryo freezing which is tied to anonymous adoption in the case where the third fertilized egg is not used by the genetic mother. It would also open up IVF to homosexual couples and single people, therefore necessitating the introduction of sperm/egg banks. In addition, altruistic surrogacy would also be decriminalised, with a public consultation expected to be launched on the matter.

The highly qualified persons' scheme, launched in 2010, was spurred on by the rapid expansion of the financial services and gaming sector which necessitated the importation of highly qualified workers. To be domiciled somewhere refers to being a lawfully registered resident of a particular jurisdiction, meaning tax on worldwide income is paid in that particular jurisdiction. Therefore, due to rapidly growing specialised industries government had launched a scheme that would attract highly specialised personnel who are not domiciled in Malta. This translates into many foreign workers however a Maltese national who has resided in another country for many years and considers that place his primary residence could also be considered as non-domiciled to Malta.

To be eligible for the scheme, apart from not being domiciled to Malta, a person must have the qualifications to occupy "eligible office" with companies that are licensed and/or recognised by the competent authority in their field. For example, Chief Executive Officers of a company that is licensed or recognised by the Malta Financial Services Authority who are not domiciled in Malta are eligible for the scheme.

As of Legal Notice 141 of 2018, issued on 27 April, 'Employment in the assisted reproductive technology sector consisting in employment as: Embryologist; Responsible Person; Lead Quality Manger within a company that is recognised or licensed under the Office of the Chief Medical Officer to Government and are not domiciled in Malta will be eligible for the 15 per cent flat tax rate on a minimum income of €84,000.

The timing of such a move may raise eyebrows in view of the fact that the Opposition is staunchly against certain aspects of the amendments, such as embryo freezing and the prospect of children being born by third parties without knowing who their genetic parents are.

Two weekends ago, a large protest took place by conservative sections of Maltese society where the massive crowds vehemently opposed the introduction of embryo freezing.

The current IVF laws dictate that no more than two eggs may be fertilized, with both needing to be implanted and is only eligible for heterosexual couples.

President Marie Louise Coleiro Preca had even issued a statement to urge a longer period of time for debate and reflection before proceeding with the Parliamentary process. The government has accepted the President's request for a discussion on IVF to take place in a "serene" environment void of "hostility".

 

 

 

 

 

 




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