To support the sustainability of the creative sector, the Maltese Government, in collaboration with Arts Council Malta (ACM) and the Malta Tax and Customs Administration (MTCA), offers a specialized fiscal incentive: a reduced income tax rate of 7.5% for creative practitioners. This incentive is primarily governed by Article 56(26A) of the Income Tax Act (Cap. 123) and is specifically regulated under Subsidiary Legislation 123.211 (Income from Artistic Activities Rules). Most notably, the scheme was recently enhanced by Legal Notice 137 of 2025, which transitioned the tax base from a gross to a net basis for the 2025 basis year (Year of Assessment 2026).
This guide explains who qualifies, how the tax is calculated, and the key updates applicable from the 2025 basis year (Year of Assessment 2026).
From 2025 onwards, eligibility has been expanded to include a broader range of economic activities under specific NACE Rev. 2.1 codes.
Eligible activities include:
- Performing Arts: Actors, dancers, musicians
- Artistic Creation: Painters, sculptors, writers
- Support & Production: Artistic directors, choreographers, curators, and those involved in motion picture or TV production.
- Intellectual Property: Royalties or licensing income from artistic works
- Threshold: Applies to the first €50,000 of net profits from qualifying activities
- Excess Profit: Any profits earned above the €50,000 threshold is added to your other income (if any) and taxed at the standard progressive rates of 0% to 35%
- Final Tax: The 7.5% is a final tax, meaning it cannot be offset against other income or used to claim refunds
- Previous Years (2022–2024):
The 7.5% rate applied to gross income (total revenue before expenses)
- New Rules (Effective 2025):
Following updates in Legal Notice 137 of 2025, the 7.5% rate is now explicitly applicable to a maximum net income of €50,000. This means the tax is calculated on your profit after deducting allowable business expenses as defined in Article 14 of the Income Tax Act.
Step 1: Certification by Arts Council Malta (ACM)
You must first obtain certification confirming that your activity qualifies.
Required documentation:
- VAT certificate
- Proof of NACE classification
- Signed accountant’s declaration
Step 2: Submission of Form TA26
Once the notification letter from ACM is received:
- Complete Form TA26
- Submit the form and payment by 30 April (Year of Assessment)
Important: Late submission may result in 0.6% interest charges or loss of eligibility for the reduced rate.
However, since it is a final tax with a capped threshold, it is essential to compare this option with the standard tax system based on your specific financial situation.
At Brainston Advisory, we assist creative professionals with obtaining the required certification, ensuring full tax compliance, and providing tailored advisory to optimise their tax position.
Get in touch with our team today:
📞 +356 2152 1025
📧 info@brainston.mt