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Malta AOC employment vs UK residency

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Old 30th Jun 2022, 19:57
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Malta AOC employment vs UK residency

Dear Forum,

Does anyone of you have experience with working as a pilot for one of the many Malta based business jet operators, while being resident in the UK?

Basically I have been offered a choice of how I would like to be employed with a potential employer and in which one of their international offices. I know VistaJet, Hyperion and many more 9H operators and AOC holders operate through these Maltese setups, but how does it work with tax and NI? I've tried reading through the dual tax treaty, but unfortunately it's only as clear as mud.

Does anyone here have experience with this? Does the tax treaty mean I should pay tax and NI in Malta and that's then considered done in the UK once declared on the self assessment or how does it work?

Thank you in advance for your help.

MEG
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Old 30th Jun 2022, 22:47
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Yes it comes under double taxation.
In Malta you pay a flat 35% on everything plus NI as an employee non resident.
In UK you fill in a tax return, and pay the difference in tax, that you would have paid (so not taxed twice).
I found out the hard way that the NI paid in Malta means you're not entitled to much back in the UK. Might be even worse due Brexit.
Speak to an accountant - if you're eligible I would go contractor and sort your own tax affairs. If you can live in Malta it would be better.
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Old 1st Jul 2022, 05:56
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I'm also interested in this however more from the perspective of the 90/180 rule. I'm working for a 9H ACMI operator on a UK passport and I'm trying to figure out if I'll be able to work for any more than 3 months in 6 if the jet happens to be based in Europe.

I noticed, having popped into Europe for a few days, how they're now actively stamping and swiping passport's suggesting that they're now keeping track of movements in and out.

Any ideas if there's some kind of dispensation for crew or will I need to try and get something from the company and apply for a work permit?
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Old 1st Jul 2022, 08:43
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Any ideas if there's some kind of dispensation for crew or will I need to try and get something from the company and apply for a work permit?
Entering and having your passport stamped I think would mean that you are officially entering and then subject to the 90/180 rule (when your passport is stamped, no air crew exemption used).

https://costaluzlawyers.es/blog/the-...0have%20passed.

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Old 1st Jul 2022, 11:35
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Keep in mind that the 90/180 rule only applies to tourists:

Can I undertake paid work or study while I’m in Spain?

If you enter Spain under the 90/180-day rule, you cannot carry out any paid employment or studies. If you wish to do either of these, you must apply for the appropriate visa before you arrive.

If YosserHughes intends to work for Malta-based company, they will need a C or maybe even D visa for Malta.
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Old 1st Jul 2022, 15:07
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Originally Posted by global2express
Keep in mind that the 90/180 rule only applies to tourists:




If YosserHughes intends to work for Malta-based company, they will need a C or maybe even D visa for Malta.

I have looked at the D visa for Malta, unfortunately I am working for a company that is not based in Malta, however is flying 9H reg planes. Technically I'd be on Maltese territory when at work but I can't see the immigration dept seeing it this way!

I'm hoping there are going to be other's going through the same who can shed some light on this.

Its all very unclear. Brexit. The gift that keeps on giving.
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