Malta is presented as an attractive location for holding companies and tax planning due to its low tax rates, robust tax system, and participation exemption regime which allows for dividends and capital gains to be exempt from Maltese tax. Key benefits include no withholding taxes on outbound payments, extensive double tax treaty network, and a refundable tax credit system which can result in an effective tax rate of 5% for shareholders. Malta is positioned as providing opportunities for EU market entry and exit in a tax efficient manner.
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Stephen Balzan. Malta where does the Russian money goes. The Future of Offshore Jurisdiction Malta 07.06.2013
1. WHERE DOES RUSSIAN MONEY
GO NOW?
THE FUTURE OF OFFSHORE
JURISDICTION
MALTA
Stephen Balzan
Tax Partner EMD
LEGAL TAX ADVISORY CORPORATE
16/26/2013
2. MALTA
■ A fully independent republic
■ EU Member State since 2004 and introduced Euro in 2008
■ Stable economy
■ Strong financial system
■ Economy dominated by manufacturing, tourism, financial
services and ICT sectors
■ Banking and finance regulations based on EU rules
■ Centre of the Mediterranean
■ No exchange controls
■ Free market economy
■ Safe environment
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3. MALTA
■ Democratic country
■ Flexible but well regulated environment
■ Efficient tax system
■ State of the art telecommunication systems
■ Excellent education sector
■ State of the art health sector
■ Safe environment to live and work
■ No uncertain tax positions
■ Reasonable cost of living
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4. MALTA
■ A reliable international business centre
■ Low running costs, rents and labour costs
■ Low registration fees and share capital
■ Extensive double taxation treaty network
■ Convenient time zone
■ Support services by pro-active professionals
■ A place where to combine work and pleasure
■ A very mild winter ……. and a very hot summer
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5. THE ECONOMY
■ Currency – Euro since 2008
■ GDP in 2012 – 8.6 billion Euros
■ Economic growth in 2012 – 1.2 %
■ EU forecasts that Malta will register the second highest growth
among the 17 members of the Eurozone
■ Unemployment in April 2013 – 5.5%
■ Lowest effective tax rate in the European Union
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6. THE ECONOMY
Main contributors to GDP:
■ Tourism (35%) - over 1.3million visitors annually
■ Industry (27%)
■ Financial services (15%) - over 7,000 employed. In
the next few years, this is expected to increase to 25%
of GDP
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7. Standard corporate income tax rates
Malta 35%
UK 24%
Germany 15%
Italy 27.5%
Belgium 34%
Estonia 21%
Luxembourg 21%
Cyprus 10%
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8. Corporate income tax rate is 35%. However, the
combined overall Malta effective tax (COMET) rate is
reduced by the application of:
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Full Imputation
System
Cross border
Relief for
Double
taxation
Tax payment
And refund
System
9. Other features of the Maltese tax system
■ No Thin Cap and CFC rules
■ No withholding tax on dividends, interest and
royalties
■ No specific transfer pricing rules
■ Unlimited carry forward of losses
■ Limited tax on capital gains
■ No capital or wealth taxes
■ No entry and exit taxes
■ Procedure for formal tax rulings and informal system
of Revenue guidance
■ Re domiciliation procedure
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10. Taxation of Maltese companies
■ Maltese companies are subject to a flat tax rate of 35%
■ Malta’s taxation of dividends is based on the full
imputation system, i.e. a full credit of the normal
tax rate of 35%
■ Effective system for relief of double taxation to
companies
■ Tax refunds available to shareholders
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11. Full imputation system of taxation
■ A mechanism to grant relief from economic double
taxation
■ Same profits should not be taxed twice in the hands of
different persons
■ Corporate tax is a prepayment of shareholders’ tax
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12. The full imputation system of taxation
■ Company profits are subject to tax
■ On distribution, these profits are in the hands of a different
person – the shareholder
■ Dividends are essentially the same profits
■ In principle there should not be any further tax on these
profits
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13. The full imputation system of taxation
Company € Shareholder €
Profit before tax 100 Gross dividend 100
Tax at 35% (35) ____
____
Net profit after tax 65 Tax at 35% 35
available for distribution ____ Tax at source (35)
____
-
____
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14. Cross-border relief from double taxation
1. Treaty Relief
2. Commonwealth Relief
3. Unilateral Relief - including a credit system for relief of
underlying tax and
4. Flat-Rate Foreign Tax Credit of 25%.
Overseas income is never subject to double taxation
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15. 63 Double Taxation Treaties in Force as at May 2013
Albania
Australia
Austria
Bahrain
Barbados
Belgium
Bulgaria
Canada
China
Croatia
Cyprus
Czech Rep.
Denmark
Egypt
Estonia
Finland
France
Georgia
Germany
Greece
Guernsey
Hong Kong
Hungary
Iceland
India
Ireland
Isle of Man
Italy
Jersey
Jordan
Korea
Kuwait
Latvia
Lebanon
Libya
Lithuania
Luxembourg
Malaysia
Montenegro
Morocco
Netherlands
Norway
Pakistan
Poland
Portugal
Qatar
Romania
San Marino
Saudi Arabia
Serbia
Singapore
Slovakia
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16. 4 Treaties signed but not yet in force
Israel
Mexico
Russia
Turkey
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17. No outbound tax is withheld on payments of
■ Interest; and
■ Royalties
when paid to non-Maltese residents.
Such income is exempt from Maltese income tax.
No withholding tax on dividends in view of the imputation system
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18. Refundable tax credit system
■ Shareholders of a company registered in Malta are
entitled to claim certain refunds of tax paid by the
company upon the receipt of a dividend distributed by
the company
■ No distinction between local and foreign sourced income
(exceptions)
■ There are 4 types of refunds (6/7, 5/7, 2/3 or 100% of tax
paid by the company)
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19. Practical example of the refundable tax credit system
Malta company €
Profit before tax 1,000
Tax at 35% (350)
_____
650
Distribution of profits (650)
_____
-
_____
Shareholder €
Gross dividend 1,000
_____
Maximum tax 350
Tax at source (350)
_____
-
_____
Refund of tax (6/7) 300
_____
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20. ■ Step 1: Malta Operating
Company receives trading
profits of €100.
■ Step 2: Malta Operating
Company suffers tax at the
corporate rate of 35%.
■ Step 3: Malta Operating
Company effects a
distribution of the net
dividend amounting to €65
to the Malta Holding
Company. The latter pays no
further tax.
Practical example of the refundable tax credit system
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21. ■ Step 4: A refund of 6/7ths
of the tax paid by the Malta
Operating Company may be
claimed at the level of the
Malta Holding Company.
■ Result: Effective post-
refund tax burden of 5%.
■ Holding company does not
pay any tax on dividends
and refunds received
Practical example of the refundable tax credit system
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22. Why is Malta a prime EU holding company location?
■ Access to wide treaty network and EU directives for reduced
withholding tax on interest, dividends and royalties
■ Effective means to structure the ownership of EU and non EU
subsidiaries
■ Full participation exemption on dividends and capital gains
■ No CFC and thin cap rules
■ No withholding tax on outbound payments of interest, dividends
and royalties
■ Tax neutral liquidation of the holding company
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23. Why is Malta a prime EU holding company location?
■ Exemptions from the requirement to prepare consolidated
financial statements at the level of the Malta parent company
■ No exit taxes
■ Possible to migrate the legal seat of the Malta company to a
foreign jurisdiction
■ Low share capital requirements and incorporation is swift
■ Single member companies are possible
■ Low statutory fees
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24. Why is Malta a prime EU holding company location?
■ No tax on capital gains derived from the disposal of shares in a
Maltese company (exceptions property companies)
■ No worth tax or similar tax on capital
■ Exemption from stamp duty
■ Expense deductibility
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25. Malta holding companies – participating holding
An investment constitutes a participating holding when,
amongst other conditions:
■ The Malta Company holds at least 10% of the equity
shares of an overseas company; OR
■ The value of the shareholding exceeds €1,165,000 and
said holding is held for an uninterrupted period of not less
than 183 days.
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26. ■ Where a company elects to pay tax on
its income from a Participating Holding, the
tax paid by the company will be refunded in
full to the shareholder.
■ Refund of tax is calculated on the total tax
paid, that is, inclusive of foreign tax.
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27. Participation Exemption
If the holding is in a company which:
■ is resident or incorporated in the EU; or
■ is subject to any foreign tax of at least 15%; or
■ does not have more than 50% of its income derived from
passive interest or royalties
such a holding will qualify for a participation exemption.
■ Exemption may also be extended if a number of further
conditions are satisfied
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28. Participation Exemption
This means that:
■ Dividends received by the Malta company will be exempt
from Maltese income tax
■ Capital gains derived from the disposal of the holding will be
exempt from Maltese income tax
■ Malta company may opt to be taxed at 35% with full refund
given to the shareholder on distribution of a dividend
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29. Out of Malta
In Malta
Into Malta
Summary of Taxation of Income Flows
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30. MALTA TAX PLANNING IDEAS
■ Malta Holding Company Structures
■ Participation exemption in Malta on qualifying
dividends and capital gains
■ No withholding tax on dividends distributed by
Malta company
■ FP can be resident in a treaty or non-treaty
country and can also be situated in a low tax
jurisdiction
■ Effective 0% Malta tax cost
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32. MALTA TAX PLANNING IDEAS
■ An EXIT ROUTE from the EU
■ NO WHT on dividends paid to Malta from
the EU
■ Dividends received in Malta should be
exempt from tax in Malta under the
participation exemption regime
■ No WHT on outbound interest, royalty and
dividend payments from Malta
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33. MALTA TAX PLANNING IDEAS
■ Malta combined Holding/ Trading Structures
■ Malta 2 subject to Malta tax at 35%
■ Malta 1 receives 6/7ths tax refund from tax
authorities and dividends from Malta 2. These
will not be subject to further tax in Malta in
the hands of Malta 1.
■ Malta 1 distributes dividends to FP. No
withholding tax on payment of dividends.
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34. CONCLUSION - MALTA
■ Robust tax efficient system
■ Stable and safe economy
■ Incentives to do business or hold investments
■ High corporate tax rate but refunds reduce net effective tax
■ Number of tax planning ideas
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35. For further information kindly
contact us:
info@emd.com.mt
+356 2203 0000
MALTA
Stephen Balzan
Tax Partner EMD
LEGAL TAX ADVISORY CORPORATE
356/26/2013
36. DISCLAIMER
This presentation has been prepared for general guidance and for
matter of interest only and does not constitute professional
advice. You should not act upon the information contained in this
presentation without obtaining specific professional advice. No
representation or warranty (express or implied) is given as to the
accuracy and completeness of the information contained in this
presentation, and the firm does not accept any liability and
disclaims all responsibility for the consequences of you or anyone
else acting, or refraining to act, in reliance on the information
contained in this presentation or for any decision based on it.
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