Malta - a fiscally competitive, low cost jurisdiction in which to base your online gambling operations - whether you are a start up gambling operator or expanding into the EU.
Malta - A legitimate low tax EU jurisdiction.
5% effective corporate tax rate, no withholding, capital gains or entry or exit taxes. Malta has no inheritance or wealth taxes.
Malta Gaming - Remote Gaming Fact Sheet - How to Set Up a Gaming Operation
1. Malta - iGaming Regulations,
Licensing & Compliance Services
www.acumum.com | info@acumum.com | Skype: acumum
A Fiscally Competitive Jurisdiction | Single Application |
Efficient, Accessible Regulator
2. Why Malta?
As the first EU jurisdiction to welcome gaming - back in
2000 - Malta is an established, well reputed jurisdiction in
which to start, relocate, or be based in order to expand
your gaming operations.
Since then, a whole industry has been built around the
gaming industry with numerous suppliers, online
payment providers, an advanced communications
infrastructure. and a multi—lingual workforce
An ex-British colony, English is an official language - but
this is just one of many languages of the highly skilled
work-force .
Its strategic location in the Mediterranean allows for
access into the rest of the EU. Part of the Eurozone, the
currency is Euros; decreasing currency risk.
The Malta Lotteries &
Gaming Authority
(LGA), is a single
regulator, providing a
consistent, efficient
point of contact for all
applications and
ongoing relationships.
Malta
A full EU member
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info@acumum.com | www.acumum.com Skype ID: acumum
Malta Office: +356 2778 1700
260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
The Process
The LGA has in place a singular application process for
registration of iGaming operations. On successful
completion, a gaming license is granted for 5 (five)
years; subject to on- going compliance.
Pre-Application
It is highly usual and we strongly advise that preliminary
discussions take place with the LGA before formal
application. We can advise and prepare you as to
what matters will be required to be disclosed in the
discussions or, if you prefer, discuss your situation
directly with the LGA.
Application
Part of the LGA’s determination of whether to grant a
licence or not, is whether the applicant:
Fit & proper to conduct gaming business.
Assessment of and enquiries with third parties in
respect of persons involved in the management
and financial operations of the business will be
undertaken.
Is correctly prepared from a business strategy
perspective. The business plan of the proposed
operations will be analysed. Sufficient and detailed
information needs to be submitted along with
forecasts and strategies.
Has the operations & statutory requirement to meet
the legal obligations expected by Maltese law.
Examination of the legal foundation, terms and
conditions and procedures will be looked at, as
well as the application & system architecture
The LGA undertakes that the assessment of stages 1- 3
should be completed within 12—16 weeks.
Your Business is Global… So Is Our Advice
Description of Classes
Class 1: Casino games, lotteries, slots Class 2: fixed odds,
pool betting
Class 3: Poker, betting exchanges, skins, tournaments,
bingo
Class 4: Provision of remote gaming platform to other
licensees (B2B)
Classes 1 on 4, 2 on 4, or 3 on 4 for hosted operations
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3. Schengen Area (EU) | Schengen Area (Non—EU) |
Will implement later | EU State outside of Schengen
The Schengen area allows for free movement of
persons within its borders and includes the territory of
the following 26 European Union countries and
associated countries:
Austria, Belgium, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary,
Iceland, Italy, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Netherland, Norway, Poland,
Portugal, Slovakia, Slovenia, Spain, Sweden,
Switzerland.
Bulgaria, Cyprus, Ireland, Romania and the United
Kingdom do not participate in the Schengen
cooperation.
The Key Official Requirement
Undertaking core compliance and reporting
responsibilities, the Key Official is an essential function in
every gaming operation.
Acumum can assist you by recommending a pre –
authorised Key Official, or if you wish to nominate such a
person within your own operations, can assist that
person in achieving Key Official status, including:
Guiding you through the regulatory requirements of
the decommissioning or installation of hardware,
addition of new games or partners, changes in the
stakeholders of your operations, or other incidents
that may occur within the gaming system or your
operations
Helping you in the preparation of the financial
reports that must be submitted to the AML from time
to time
The importance of the role of a Key Official cannot be
emphasised enough; his or her duties include:
Sealing of servers, ensure that the seals are not
broken and reporting to the LGA if they are and
subsequently re-sealed
System review / certification of compliance
Incident reports – within 24 hours the LGA must be
notified of any changes made to either the
hardware or software of the gaming company by
signing and submitting the Incident reports
Keeping the LGA updated of in respect of any
changes to be made, to the pre-approved set-up of
the authorised gaming operations
Monthly submission of gaming tax and annual
gaming li-cense fee
Submission of the gaming licensee’s management
accounts alongside the annual audit financial
statements
Monthly reports ensuring players’ funds are securely
and adequately held by the gaming licensee at all
times – both at the control and bank account levels
Data protection compliance as a data processor
Submission of National Statistics
Shared Gaming Operations
Many operators find it beneficial
to share business operations.
Subject to review of the joint-
venture agreements by the LGA,
Malta rules allow for such
economies of scales and co-
operation between business
parties. Submission to the LGA of
both the joint-venture agreement
and business plan must occur.
Excellence | Superb Client Service | Cost Efficient
info@acumum.com | www.acumum.com Skype ID: acumum
Malta Office: +356 2778 1700
260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
4. Maintaining Malta’s reputation as a trusted, reputable
gaming jurisdiction is in everyone’s interest. After all—
being licensed by a reputable jurisdiction, results in
added customer confidence and thereby additional
revenue for you.
Compliance Audits
Ongoing compliance audits undertaken by the LGA at
a fixed market cost (see Administrative Fees below), are
an integral feature in ensuring that Malta’s reputation as
a trusted gaming jurisdiction is retained. Audits take
place:
After 1st year of operation
On third year of operation
Upon significant changes to the gaming system
At the discretion of the LGA upon suspicion of (i) failure
to abide by regulations, operational nature of the
license or, (ii) misconduct.
Financial & Operating Activity Reporting
As part of on-going compliance and in conjunction with
the assistance of the Key Official, a number of reports
must be filed with the LGA:
Incident reporting
change requests to infrastructure, upgrades &
maintenance of gaming equipment
Decommission
to obtain LGA approval to remove or move the
gaming equipment
Yearly audited accounts
providing a comprehensive overview of the
gaming company’s operations and finances
Monthly reports as follows:
Gaming tax report
Gaming logs
Player balances in the gaming system
Players bank account statements
Anti-Money Laundering (AML) & Know Your
Customer Requirements (KYC)
Malta takes its responsibility to and position within the
global prevention of terrorist and criminal activities
seriously.
All prospective and licensed gaming holders must
comply at all times with appropriate AML and KYC
requirements and procedures. The LGA must be
provided with all necessary due diligence documents in
respect of its key officials, directors and shareholders.
Acumum can assist you in establishing, documenting
and maintaining sufficient and appropriate compliance
processes and manuals:
Role & Responsibilities of the Key Official
Role & responsibilities of the Money Laundering
Reporting Officer (MLRO)
Human Resources Roles & Responsibilities
Payout management procedure
Fraud Management Procedures
KYC & AML procedures
Acumum’s experienced gaming lawyers, consultants &
account-ants, can assist you at every stage of the
process.
Accounting & Back Office
Acumum can provide you with full back office services
Preparation & submission of accounts & tax
statements & reports
Provision of virtual office services: registered office,
answering customer calls
For more information, please contact us.
Malta - Income Tax - 15%
For senior employees - holding certain titles, employed
under a qualifying contract, with gaming operations
licensed with the LGA, Malta’s income tax has been
reduced to just 15% for those earning over €78, 207
(ordinarily 32% at progressive tax bands). The reduction
of income tax applies for a period of 5 years and is one
of the lowest income tax rates within the EU.
Excellence | Superb Client Service | Cost Efficient
info@acumum.com | www.acumum.com Skype ID: acumum
Malta Office: +356 2778 1700
260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
5. Malta - A Fiscally Competitive Jurisdiction
Malta’s competitive tax regime provides for an effective corporate tax rate of only 5% - one of the lowest rates
within the EU, following tax credits and refunds. A Malta limited company (LTD) is the most popular trading and
holding vehicle for gaming operators.
Administrative Fees € - Euros € - EUROS
Application Fee for new license € 2,330
System Audit - Paid in advance for the
execution by LGA’s approved third
party certifiers / auditors
€ 1,770
Yearly Licence Fee € 8,500
Application fee for Renewal of Licence € 1,500
Approval Fee for Transfer or
Assignment of Licence
€ 1,500
Approval of Share Transfer - Payable
upon approval
€ 1,500
Approval of Simple Contractual
Commercial Agreements Per year, per
contract; total amount not exceed
€30,000 per year
€ 70
Approval of Complex Joint Venture
Agreements - Predetermined
administrative hourly fee, agreed prior
to starting approval process
Compliance Audit—Paid in advance for
the execution by LGA’s approved third
party certifiers / auditors
€ 2,500
Taxes € / % Duration
Class 1 Licence 4,660 First 6 months
7,000 Per month during
licence period
Class 1 Licence operating on a
hosting platform in possession
of a Class 4 Remote Gaming
Licence (Class 1 on 4)
1,200 Per month during
licence period
Class 2 Licence 0.5% Of gross amount of
accepted bets in
remote betting
operations
Class 2 Licence operating on a
hosting platform in possession
of a Class 4 Remote Gaming
Licence (Class 2 on 4)
0.5% Of gross amount of
accepted bets in
remote betting
operations
Class 3 Licence 5% Of real income
Class 3 Licence operating on a
hosting platform in possession
of a Class 4 Remote Gaming
Licence (Class 3 on 4)
5% Of real income
Class 4 Licence hosting and
managing other remote gaming
operators
0 First 6 months
2,330 Per month for next 6
months
4,660 Per month during
licence period
Class 4 licensee hosting &
managing an operator not in
possession of the relevant Class
1, 2 or 3 licence, however
hosting an EEA licensed Business
to Consumer operator
1,165 Per month per
operator, paid by the
Class 4 Licensee
Maximum remote gaming tax
per licensee per each
remote gaming licence
466,000 Per year
Excellence | Superb Client Service | Cost Efficient
info@acumum.com | www.acumum.com Skype ID: acumum
Malta Office: +356 2778 1700
260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
6. Malta’s International Legal & Advisory Firm
Uniquely local. Uniquely International.
Located in the EU tax efficient jurisdiction of Malta, Acumum Legal & Advisory employs
Maltese, UK, & international lawyers & tax accountants - with extensive on-location & off-shore
international experience. Providing appropriate, cost effective, bespoke solutions.
Excellence | Superb Client Service | Cost Efficient
info@acumum.com | www.acumum.com | Skype ID: acumum
Malta Office: +356 2778 1700
260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
Aviation | Corporate Services | Estate & Wealth Management
Financial Services | Gaming | Intellectual Property
Maritime & Yacht | Residence & Citizenship
Trusts & Foundations| Tax Structuring
Excellence | Superb Client Service | Cost Efficient
info@acumum.com | www.acumum.com Skype ID: acumum
Malta Office: +356 2778 1700
260 Triq San Albert, Gzira, GZR 1150, Malta (EU)
Guidance Purposes Only 2014