{"id":882,"date":"2025-04-30T07:56:04","date_gmt":"2025-04-30T07:56:04","guid":{"rendered":"https:\/\/r02fi4ct8m.wpdns.site\/?post_type=jurisdictions&#038;p=882"},"modified":"2025-04-30T13:13:45","modified_gmt":"2025-04-30T13:13:45","slug":"malta","status":"publish","type":"jurisdictions","link":"https:\/\/www.gstaxconsultants.com\/ru\/jurisdictions\/malta\/","title":{"rendered":"Malta"},"content":{"rendered":"<p><a href=\"http:\/\/www.globalservemalta.com\/\" target=\"_blank\" rel=\"noopener\">www.globalservemalta.com<\/a><\/p>\n<p>&nbsp;<\/p>\n<h3 style=\"text-align: center;\">Videos for Maltese Companies<\/h3>\n<p>&nbsp;<\/p>\n<p><iframe title=\"REGISTER A COMAPNY IN MALTA\" src=\"https:\/\/www.youtube.com\/embed\/eW13izQEtTQ\" width=\"900\" height=\"500\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><\/iframe><\/p>\n<p>&nbsp;<\/p>\n<p><iframe title=\"MALTESE COMPANY FORMATION\" src=\"https:\/\/www.youtube.com\/embed\/0SJ6e1hM2mI\" width=\"900\" height=\"500\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><\/iframe><\/p>\n<p>&nbsp;<\/p>\n<p><strong>Information on the incorporation and management of Maltese companies:<\/strong><\/p>\n<p>&nbsp;<\/p>\n<h3>MALTA COMPANY FORMATION<\/h3>\n<p>&nbsp;<\/p>\n<p>Regarding a\u00a0<strong>Maltese company formation<\/strong>, a limited liability company may be incorporated in Malta for the purpose of carrying on any activities in Malta or internationally and whether such activities are of a \u201ctrading\u201d or \u201cholding\u201d nature. Such limited liability companies can therefore trade in any sector and may hold assets whether tangible or intangible and whether movable or immovable.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Malta Taxation<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>In terms of Malta law, a company which is incorporated in Malta is deemed to be \u201cordinarily resident and domiciled\u201d in Malta for tax purposes and would be taxable on its income and chargeable gains in Malta on a worldwide basis, irrespective of where its management and control is situated.<\/p>\n<p>A company incorporated outside of Malta may still be considered tax resident in Malta (albeit not ordinarily resident and domiciled in Malta), where it is managed and controlled in or from Malta. In such situation, the company\u2019s liability to tax would be limited to chargeable income or gains earned in, derived from or realized in Malta. Foreign source would not be taxable in Malta.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Rate of Tax<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>There is no corporate taxation in Malta and companies are subject to income tax rate at a flat rate of 35% (equal to the marginal rate at which individuals are taxed). The combined overall Malta effective tax rate can however be lowered substantially either by virtue of the refundable tax creditor by application of the participation exemption (as explained below).<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Taxable Income<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>A Malta company\u2019s taxable income would include gains or profits derived from trade or business, dividends, premiums, interest or discounts; rents, royalties and other profits arising from property; any charge, annuity or annual payment; and certain chargeable capital gains.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Tax accounts<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>For Malta tax purposes, all\u00a0<strong>companies registered in Malta<\/strong>\u00a0are required to maintain five tax accounts to which all of the profits must be allocated, namely:<\/p>\n<p>The Final Tax Account<br \/>\nThe Immovable Property Account<br \/>\nThe Foreign Income Account<br \/>\nThe Maltese Taxed Account; and<br \/>\nThe Untaxed Account<\/p>\n<p>Any profits (income or gains) derived by a company registered in Malta would be allocable to these five tax accounts based on their nature and source and in order to determine the tax treatment thereof.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Participation Exemption<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>A Malta company in receipt of income (dividend income) derived from a \u201cparticipating holding\u201d, or gains derived from the disposal of shares in a participating holding, may at its option elect to exempt such profits applying the participation exemption (as opposed to taxation at 35% with a full refund of tax at the level of the share holder as explained further below).<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>A Malta company is deemed to have a \u201cparticipating holding\u201d in an entity if:<\/p>\n<p>It holds at least 10% of the equity shares in such entity which holding confers the right to any two of the following: the right to vote, profits available for distribution, assets available for distribution upon winding up;<br \/>\nIt has a minimum equity investment of EURO 1,164,000 which it holds for an uninterrupted period of 183 days;<br \/>\nIt holds one or more equity shares with the option of acquiring the balance<br \/>\nIt holds one or more equity shares which together offer the right of first refusal in the event of a disposal, redemption or cancellation of the balance<br \/>\nIt holds one or more equity shares and an entitlement to sit on the Board of Directors of such non-resident entity or to appoint a person on such Board<br \/>\nIt holds one or more equity shares in furtherance of its business but not as trading stocl for the purpose of a trade.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>Although the above exemption would apply in all cases with regards to gains derived from the disposal of shares in a \u201cparticipating holding\u201d, certain conditions must be satisfied in order for dividend income derived from a \u201cparticipating holding\u201d acquired on or after 1st January 2007 (or any participating holding with effect from 1st January 2011) to qualify for exemption. Such dividends would only qualify to be exempt if the \u201cparticipation holding\u201d is held in an entity which is either:<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>Resident or incorporated in an EU country or territory or<br \/>\nIs subject to foreign tax rate at a rate of at least 15%; or<br \/>\nDerives less than 50% of its income from \u201c passive interest or royalties\u201d<\/p>\n<p>&nbsp;<\/p>\n<p>Where none of these three alternative conditions are satisfied, two cumulative conditions may be satisfied instead, namely:<\/p>\n<p>&nbsp;<\/p>\n<p>The equity holding in the non-resident entity must not be a \u201cportfolio investment\u201d, and<br \/>\nThe non-resident entity or its passive interest or royalties must be subject to foreign tax at a rate of at least 5%<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Income from Royalties<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>Royalties and similar income derived from patents in respect of inventions, whether in the course of a trade, business, profession or vocation or otherwise subject to the satisfaction of certain terms and conditions, as well as any dividends distributed out of profits derived from such royalty income may likewise fall to be exempt<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Income from Aviation<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>Income derived from the ownership or the leasing or operation of aircraft or of aircraft engines shall, be deemed to arise outside Malta for Malta tax purposes. This deeming provision shall also apply when the aircraft and\/or aircraft engine is registered in Malta; and\/or has called at, or is operated from, any airport in Malta. This entails that payments made to non-Maltese resident owners, lessors or operators of such aircraft or aircraft engines should not be subject to tax in Malta allowing for some interesting tax planning opportunities.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Double Taxation Relief<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>In computing its taxable profits, a Malta company would be able to claim double taxation relief. In terms of Malta law, the three main ways in order to claim relief from double taxation are as follows:<\/p>\n<p>Treaty relief<br \/>\nUnilateral relief<br \/>\nFlat Rate Foreign Tax Credit (FRFTC)<\/p>\n<p>The foreign tax credit is an ordinary tax credit with per-country and per-source limitations. In the case of the FRFTC is a notional flat rate foreign tax credit of 25% for companies specifically empowered to receive foreign source income.<\/p>\n<p>&nbsp;<\/p>\n<h3>SHAREHOLDERS OF MALTA COMPANIES<\/h3>\n<p>&nbsp;<\/p>\n<p><strong>Dividend income-The Full Imputation System<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>Malta operates a full imputation system for the taxation of dividends. A shareholder (whether an individual or a corporate entity) in receipt of a dividend distributed by a company registered in Malta would be entitled to claim a tax credit equal to the amount of underlying income tax paid by the distributing company on the profits out of which the dividends was distributed. Hence no further tax would be payable at the level of the shareholder.<\/p>\n<p>&nbsp;<\/p>\n<p>Shareholders in receipt of a dividend from company registered in Malta are therefore not required to declare such dividend in their tax return.<\/p>\n<p>Shareholders of a company registered in Malta are generally also entitled to a refund of all or part of the tax paid on the profits out of which such dividend was distributed. Such refunds of tax have bet the approval of the EU Commission and are applicable to all shareholders in Maltese companies regardless of their legal form, status, or tax residence.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Refunds of tax<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>A shareholder in receipt of a dividend paid out of profits allocated to the Maltese Taxed account (typically trading income or local passive income)or the Foreign Income Account (typically passive foreign source income)of a company registered in Malta would be entitled to claim a refund of part or all of the tax suffered by the company on the said profits. The refunds would as follows:<\/p>\n<p>&nbsp;<\/p>\n<p>Full (100%) refund: such refund would be available upon receipt of a dividend paid by the Maltese company our of the profits (dividend income or gains) derived from a participating holding (as an alternative to the participation exemption)<\/p>\n<p>&nbsp;<\/p>\n<p>I. 6.7ths refund: this is the most common refund available on profits (generally trading income) which do not constitute \u201cpassive interest or royalties\u201d or upon which the company has not claimed double taxation relief.<\/p>\n<p>&nbsp;<\/p>\n<p>II. 5.7ths refund: this refund applies upon receipt of a dividend distributed out of profits which constitute \u201cpassive interest or royalties\u201d as defined.<\/p>\n<p>III. 2.3rds refund: this refund applies upon receipt of a dividend out or profits allocated to the Foreign Income Account and upon which the Maltese company has claimed double taxation relief.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Withholding taxes<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>There is no withholding tax on dividends in Malta. Insofar as Malta operates a full imputation system, no further tax is payable on dividends irrespective of where the shareholder is tax resident and irrespective of whether the shareholder is an individual or a corporate entity.<\/p>\n<p>&nbsp;<\/p>\n<p>There is no withholding tax on outbound interest or royalties from Malta with some exception.<\/p>\n<p>&nbsp;<\/p>\n<h3>OTHER TAXES<\/h3>\n<p>&nbsp;<\/p>\n<p><strong>Stamp duty<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>Although stamp duty is gener5ally levied on documents evidencing a transfer of marketable securities at a rate of 2% or at 5% on the transfer of marketable securities in a company where 75% or more of the company\u2019s assets consist of immovable property situated in Malta. Exemption from stamp duty can apply.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Anti-abuse<\/strong><\/p>\n<p>&nbsp;<\/p>\n<p>Apart from a general anti-abuse provision and a number of specific anti-abuse provisions addressed at particular activities, it should be noted that in Malta there are currently:<\/p>\n<p>&nbsp;<\/p>\n<p>No controlled Foreign Companies (CFC) legislation<br \/>\nNo Thin-capitalization riles<br \/>\nNo Transfer-pricing legislation\/guidelines<br \/>\nNo Transfer taxes<br \/>\nNo Capital duty<\/p>\n<p>&nbsp;<\/p>\n<p><strong>Publications on Maltese companies:<\/strong><\/p>\n<p>&nbsp;<\/p>","protected":false},"excerpt":{"rendered":"<p>Globalserve Malta offers the services of international tax planning and incorporation and management of Maltese companies. Our office specializes in Malta companies, trusts and foundations, online gaming and intellectual property. Services of Secretary, Registered office and directorship are offered. Globalserve Malta Ltd is engaged to provide its\u2019 clients with a spherical consultation and focus on each client\u2019s particular needs.Check more about Malta Companies in our website for Malta<\/p>","protected":false},"featured_media":894,"template":"","meta":{"_acf_changed":false,"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":""},"class_list":["post-882","jurisdictions","type-jurisdictions","status-publish","has-post-thumbnail","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.gstaxconsultants.com\/ru\/wp-json\/wp\/v2\/jurisdictions\/882","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.gstaxconsultants.com\/ru\/wp-json\/wp\/v2\/jurisdictions"}],"about":[{"href":"https:\/\/www.gstaxconsultants.com\/ru\/wp-json\/wp\/v2\/types\/jurisdictions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.gstaxconsultants.com\/ru\/wp-json\/wp\/v2\/media\/894"}],"wp:attachment":[{"href":"https:\/\/www.gstaxconsultants.com\/ru\/wp-json\/wp\/v2\/media?parent=882"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}