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New Tenancy - Legal Proof

Last activity 21 February 2015 by Toon

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maltaangel

I have just signed a new tenancy and the landlord is requesting proof from a Notary I have lived in Malta for more than 12 months, is this now standard procedure ? thanks

Toon

not sure if its a legal requirement but its likely it is to do with whether he can or should charge you vat as under 12 months living on malta you may be subject to vat on rent... of course whether he really declares it to the vat man is a completely different ball game

Toon

I am struggling to understand why he would allow you to sign a contract when he hasnt got the proof he requires  - (have to admit I have never ever come across that request before  - ever!!!) methinks its a scam to squeeze more cash out of you for failing in this request

If you are EU national then there is no need as there is an argument that you can never be a tourist under the freedom of movement legislation.... and thats the crux  - are you a tourist or are you not.....

NOTE you cannot be a tourist and work legally here paying taxes etc etc etc

GuestPoster566

No, not usual but maybe you met a rare person. One who wants to ensure all is above board and vouchsafe, as far as possible, his interest.

tearnet

redmik wrote:

No, not usual but maybe you met a rare person. One who wants to ensure all is above board and vouchsafe, as far as possible, his interest.


I would say its very unusual!
What difference will it make to the landlord?
After all if you have been in Malta over 12 months you should have your EID as proof.

Like Toon  said it looks like another excuse to add something onto the rental.

GuestPoster566

Just thinking that he/she probably thinks someone who has been here over 12 months is less likely to leg it.

slanted

We just had to tell our landlord that we have been here for at least 12 months - he didn't want any actual proof, but on every invoice and receipt for our rent it is written: "Mr and Mrs Slanted have declared that they have been in Malta for over 12 months".

maltaangel

He wants to do everything by the book, I know it's unusual! My bank statements and documents show I live and work here, so not sure why I should pay a notary....this is all because of Belair promoting it...

Toon

i think there is a lot of misinformation out there  - personally id check it with a lawyer of your choice preferably one who understands EU law...and how it impacts on tenants in Malta..  and one who has been recommended by someone you trust

Its ridiculous... all you want to do is be treated the same as everyone else and rent somewhere to live peacefully.

am not convinced he is doing everything by the book - it would take a lot more than a statement from him for me to believe that... besides if he has requested that from you why cant you in the interests of you going by the book ask to see evidence of his vat and tax compliance status... if he 100% kosher i see no reason why he should refuse.

tuojge

Good observation!

New Horizonz

Proprieties have to be registered for short let. Then a 7% tax (I don't know if it's tax, VAT or whatever) may become payable by the landlords. Some landlords pass it on to the tenants. This tax is due if the tenant has lived in Malta less than 1 year. I know that majority of short let properties in Malta aren't registered. Most landlords accept a declaration as mentioned above and pass on the burden of proof to the tenant (if ever enquired by the tax authorities). I would imagine the declaration is deemed sufficient.

This landlord is indeed doing things by the book and even goes the extra mile!

If you have other proof of stay over 12 months eg. bank statements, e-residency cards/paperwork etc, those may be acceptable to him, otherwise it may cost perhaps 20-25 euros to arrange that with a notaire.

One greedy notaire in Sliema wanted 20 euros to just sign as "True copy" a photocopy of my passport. Another one did it with a smile at no cost. So don't pay too much for it if asked.

GuestPoster566

This appears to be related to licensing.
I found this on a Q&A page.

In the case that a person is renting a property to a foreigner who has not been residing in Malta for a year, a license is required under the Malta Travel and Tourism Services Act. Will the rental income generated under this case be subject to taxation at 15% or will it need to be included in the income tax return?
The rental income will have to be declared in the Maltese individual’s tax return together with his other chargeable income.

https://ird.gov.mt/faq/rentalfaq.aspx

New Horizonz

I'm sure it's charged at 7% but not sure what it's for.

Toon

i believe its vat

Toon

If,, and i really do mean if, he is doing things by the book and he is trying to charge more due to taxation regulations then a polite request for the MTA licence should be acceptable to him and he should be able to show it... plus if as i believe it be vat then he should be able to prove that he is vat registered and provide fiscal vat receipt.

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