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Malta’s International Legal & Advisory
                                                                                                                   Boutique


                   Malta - The Benefits                                   Malta’s Credit Ratings
                                                                                Fitch - A+
 Individuals                   Companies                                    Moodys - A3
                                                                         Standard & Poors - BBB+
 Low Taxation                  Asset Holding & Structuring

                                                                                                        Maltese, UK
     100% EU & OECD Compliant—A Legitimate Low Tax EU Country
                                                                                                  & International Lawyers
                 0 - 5% effective corporate tax rate
                                                                                                       & Accountants
Why Malta?                                                                                                      Newsflash
       “Malta’s business legislation and tax systems are considered amongst the most fa-          Do your clients use offshore
vourable in Europe and this is supported by its strategic location straddling the busiest ship-        payroll structures?
ping lanes in the Mediterranean. Malta has a strong financial services sector, and a thriving    We can provide alternative, le-
on-line gaming industry. Ongoing strategies include specific targeting of knowledge econ-        gitimate corporate structures,
omy sectors including financial services, information technology companies, research and        with substance; as well as payroll
development, and high end manufacturing.” UK’s Foreign & Commonwealth Office; 2012                    services and add-ons

With an effective corporate tax rate of 0 to 5% - for trading companies and 100% tax ex-                NO!!
emptions or additional low rates for passive income & royalties, Malta has one of the lowest
tax regimes in the EU. As an ex British colony, Malta’s commercial laws are modelled on       Wealth or Inheritance taxes
English law - providing comfort and peace of mind to the client and adviser alike.
                                                                                              Property taxes
  A full member of the EU since 2004, Malta uses the Euro as its currency and English is an
                                       official language.                                     Capital Gains
Benefits for Commercial Clients                                                                      Outbound withholding tax

Malta is one of few countries left in the world that still has a full imputation system. Mean-        on dividends, interest or
    ing, with an effective corporate tax rate of 5%, following application of tax refunds,            royalties (inbound withholding
                shareholders are 0% taxed on any dividends that they receive.                         may be reduced via treaty net-
                                                                                                      work)
Effective post refund tax                    MaltaHoldCo /                                           Duty on international share
burden of 5%                                 Foreign Co/ or             Refund = 30
 MaltaOpCo pays 35% tax                   Non Resident Indi-                                         issues or transfers
                                          vidual Shareholders
 Malta HoldCo receives                                                                              Transfer Pricing Rules or
                                                                    Maltese Revenue
  6/7ths refund of Malta                                                                              thin capitalization
                             Dividend                                     35%
  tax paid by Malta OpCo        65            MaltaOpCo
  on distributed profits                                                                             Controlled foreign company

 Dividend of 65                                                                                      laws
                                            Trading Profits
                                                = 100                                                Entry or exit taxes
 No further Malta tax on
  transfer of profit
                              Over 62 double taxation treaties worldwide
 Tax payment and refund
  can be planned to occur     Tax refunds are legally guaranteed and paid within 2-3 weeks of application
  within 2 -4 weeks           Use of IFRS functional convertible currency – for statutory capital, financials, tax and tax refund
                               purposes
                              Revenue rulings are binding for 5 years or 2 years following a change in legislation
With-         With
                                                                    Malta’s tax system - the        Company
                                                                                                                      out         Foreign
                                                                    refund system in figures        Tax
                                                                                                                    Foreign         Tax
                                                                                                                      Tax
                           Full Imputation System - tax paid at the corporate level is fully        Net for-          800           800
                           imputated at the shareholder level, meaning shareholders’ divi-          eign in-
                           dends are not taxed.                                                     come

                                           Malta’s Tax System
                                                                                                    Grossing           -             42
Following the application of Malta’s tax refund system, depending on the refunds ap-                up with
plied for, Malta’s corporate tax rate is substantially reduced from 35% to:                         foreign tax

 6/7ths refund for trading income = 5% tax rate
                                                                                                    Chargeable        800           842
 5/7th refund for passive income = 10% tax rate                                                    income

 2/3 refund for certain passive income = 6.25% tax rate (i.e. royalties)
                                                                                                    Tax at 35%        280           280
 100% tax exemption - patent royalties

                                Malta’s Corporate Tax Basis                                         Credit –                        (42)
                        What income is taxed by Maltese authorities?                                double tax
                                                                                                    relief
                                                                                                    (DTA)


                                                                                                    Malta tax         280           253
                                                                                                    payable


                                                                                                    Shareholder Tax Computation

                                                                                                    Refund on         240           253
                                                                                                    distribu-
                                                                                                    tion (6/7)
                                                                                                    of gross
                                                                                                    tax


                                                                                                    Effective         40             0
                                         *Remittance System - for those who wish not to incor-      tax leakage
                                         porate in Malta, but use the jurisdiction as a tax base,
                                         money not remitted to Malta is 0% tax rated. Note
                                         that some tax treaties exclude this benefit.               Effective
Malta Limited Company Facts                                                                         rate of
Setting up a Malta Ltd company is surprisingly easy and speedy. With low statutory                  corporate         5%             0%
                                                                                                    tax on net
registration fees starting at €245 and a low threshold minimum authorised share capi-
                                                                                                    income
tal of €1,200 of which at least 20% must be paid up, so that only €240 need be depos-
ited into a bank account.

                                                              Participating Exemption - Malta as a Holding Jurisdiction
 Malta Parent        100% tax exemp-            Income derived from a participating holding or from the disposal of such holding will
                       tion on profits          qualify for a participation exemption, which is intended to exempt from tax, divi-
                     derived from sub-
                      sidiaries and re-         dends and gains derived from such holdings. The income derived from a participat-
                      mitted to Malta           ing holding which qualifies for a participation exemption, may be altogether ex-
  UK / Foreign
   Company                                      cluded from the tax return and as a result 0% tax will be due.

                          Acumum Legal Group: Maltese, UK & International Lawyers & Accountants
                                  info@acumum.com | www.acumum.com | Skype ID: acumum
          Malta Office +356 2778 1700 | Local Rate Numbers - UK 44 (0)20 7060 4277 & USA 1646 569 9003
Information for guidance purposes only                                                                     © Acumum. All Rights Reserved
Sector Specific - Low Tax & Vat Rates
     Yacht Registrations & Maritime
     - Largest Shipping Registry in EU - Surpassing Greece
     - 7th Largest Shipping Registry in the World
For ship owners, Malta is an attractive jurisdiction as it operates a tonnage tax system, as a result the actual income generated
by a shipping company is 0% taxed in Malta.


         VAT Scheme for Yacht Finance Leasing
It is possible to reduce the VAT levied when vessels are under finance lease arrangements; provided that the vessel is owned by
a Malta registered company and the lease agreement is less than 3 years. Added to which, the lease agreement must contain
an option to purchase the yacht at the end of the lease and such agreement is approved by the Malta VAT authorities before-
hand.

The applicable Malta VAT rate levied is dependent upon the type of vessel and its deemed use within the EU. The applicable


                            Remote Gaming
                         As one of the first EU jurisdictions to license remote gaming, Malta’s single regulatory body, the Lotter-
                         ies Gaming Authority is particularly knowledgeable and responsive to new or established operations
                      either setting up or moving to Malta. Added to which are the low set - fees and costs both in respect of
initial costs and on going operations.

      Aviation
      Wanting to attract the aviation sector, Malta has introduced very beneficial fiscal regulations for the import and operation
of aircraft - for both private and commercial use. With 0% VAT and no import duties, Malta is a cost effective solution for indi-
viduals or companies wanting to bring aircraft into the EU. Further benefits include:

 Fractional ownership                      Short wear & tear depreciation periods  No import duties for civil aircraft

 Step-Up’ of aircraft value from book      No stamp duty on any aircraft, as aircraft
                                                                                           15% income flat tax rate for highly
  value to fair market value upon mi-        are not deemed chargeable assets under
                                                                                            qualified individuals
  gration to Malta                           Maltese tax law


                               Key Facts—2012                                    Aside from the Big 4 Accounting & Audit
   Standard & Poor 2012 rating: long-term sovereign credit BBB+                   Firms, Companies already in Malta:
   Moody, Sept 2012 Government Bond Rating: A3
   Fitch:, Sept 2012 Short-term IDR at 'F1' and Country Ceiling at AAA
   Mixed common & civil law system – corporate, commercial & trusts
    laws based upon English statutes (Jersey)
   English an official language
   Currency: Euro
   GDP €6.4 billion
   GDP Growth 2.9%
   GDP per Capita €15,300
   Inflation rate 1.5%
   12th soundest banking system & 15th position in Financial Market
    Development (World Economic Forum’s Global Competitiveness Re-
    port 2011 – 2012)
   Single financial services regulatory body; MFSA
   Flight times UK - 3; Frankfurt - 2, Dubai - 7



                          Acumum Legal Group: Maltese, UK & International Lawyers & Accountants
                                  info@acumum.com | www.acumum.com | Skype ID: acumum
          Malta Office +356 2778 1700 | Local Rate Numbers - UK 44 (0)20 7060 4277 & USA 1646 569 9003
Information for guidance purposes only                                                               © Acumum. All Rights Reserved
Malta’s Credit Ratings
                                                                                                  Malta’s International Legal &
                                                                    Fitch - A+
                                                                   Moodys - A3                               Advisory Boutique
                                                            Standard & Poors - BBB+
                                                     - a viable alternative for clients with
                                                            assets located in Cyprus
Benefits for Private Clients

As a foreign resident of Malta you only pay tax on income received or remitted to Malta – 0% tax payable on worldwide in-
come; 15% if you enjoy permanent residence; or 35% tax if ordinarily resident and then only on income remitted or arising in
Malta.

With 0% capital gains tax on income outside of Malta, 0% wealth tax, 0% inheritance tax, Malta is a popular place to retire or
live.

Essentially a civil law system, Malta has modelled its commercial law – tax, company, trusts and financial services – on UK law
and is fully compliant with EU law.
                                     Highly Qualified Rules - 15% Flat Income Tax Rate
Malta wants to attract the gaming, aviation and financial sectors. As such new income tax rules mean that certain individuals
earning €83,000 can enjoy a 15% flat rate income tax rate, fixed for 4 years for EU citizens

Wealth Management & Estate Planning

Through effective estate planning, a client’s personal affairs and wealth can be maintained and preserved. One of the most
effective tools is that of the
will and the trust. Obviously,         Any law may govern a Malta trust           Trusts are ‘looked through’ for tax purposes
difficult questions and prob-
lems may arise in international        Benefits of UK modeled trust law                     Low service provider rates
asset and property structuring.
                                   Upon settlor’s death or insolvency - ac-           Can be treated as companies in order to
      Fiscal benefits of using             counts are not frozen                              enjoy Malta tax treaties
          Malta trustees and
              administrators              May be re-domiciled to Malta                         Licensed and insured trustees

                                                  About Acumum Legal Group
Unique in Malta, we are Maltese, UK & international lawyers & accountants, managed by a UK barrister; registered in Malta –
all with extensive on location onshore & offshore experience, providing legal & advisory services to individuals, companies,
family offices and other institutions.


We also provide advocacy services through an associated international Barristers Chambers, representing law firms and clients
– individuals, corporations, institutions & Governments before UK, EU and International Courts & Tribunals in most Common-
wealth countries.


Our Lawyers & Accountants are highly knowledgeable specialists in their fields – committed to providing cost effec-
tive, excellent client service. Utilising a multi-disciplinary & multi – jurisdictional approach, we are engaged by both private indi-

                    Tax                                        Private Client                              Financial Services

     Corporate Formation & Services                      Trusts & Estate Planning                              Gaming

                  Aviation                                       Maritime                           Malta, UK, Alderney, Caribbean,
                                                                                                                  USA
Intellectual Property - IP Holding Compa-                  Public & Private Law
          nies & Royalty Routing                                                                           Industry Support



                       Acumum Legal Group: Maltese, UK & International Lawyers & Accountants
                              info@acumum.com | www.acumum.com | Skype ID: acumum
         Malta Office +356 2778 1700 | Local Rate Numbers - UK 44 (0)20 7060 4277 & USA 1646 569 9003

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Malta - A Legitimate Low Tax EU Jurisdiction; Benefits For You & Your Clients

  • 1. Malta’s International Legal & Advisory Boutique Malta - The Benefits Malta’s Credit Ratings Fitch - A+  Individuals  Companies Moodys - A3 Standard & Poors - BBB+  Low Taxation  Asset Holding & Structuring Maltese, UK 100% EU & OECD Compliant—A Legitimate Low Tax EU Country & International Lawyers 0 - 5% effective corporate tax rate & Accountants Why Malta? Newsflash “Malta’s business legislation and tax systems are considered amongst the most fa- Do your clients use offshore vourable in Europe and this is supported by its strategic location straddling the busiest ship- payroll structures? ping lanes in the Mediterranean. Malta has a strong financial services sector, and a thriving We can provide alternative, le- on-line gaming industry. Ongoing strategies include specific targeting of knowledge econ- gitimate corporate structures, omy sectors including financial services, information technology companies, research and with substance; as well as payroll development, and high end manufacturing.” UK’s Foreign & Commonwealth Office; 2012 services and add-ons With an effective corporate tax rate of 0 to 5% - for trading companies and 100% tax ex- NO!! emptions or additional low rates for passive income & royalties, Malta has one of the lowest tax regimes in the EU. As an ex British colony, Malta’s commercial laws are modelled on  Wealth or Inheritance taxes English law - providing comfort and peace of mind to the client and adviser alike.  Property taxes A full member of the EU since 2004, Malta uses the Euro as its currency and English is an official language.  Capital Gains Benefits for Commercial Clients  Outbound withholding tax Malta is one of few countries left in the world that still has a full imputation system. Mean- on dividends, interest or ing, with an effective corporate tax rate of 5%, following application of tax refunds, royalties (inbound withholding shareholders are 0% taxed on any dividends that they receive. may be reduced via treaty net- work) Effective post refund tax MaltaHoldCo /  Duty on international share burden of 5% Foreign Co/ or Refund = 30  MaltaOpCo pays 35% tax Non Resident Indi- issues or transfers vidual Shareholders  Malta HoldCo receives  Transfer Pricing Rules or Maltese Revenue 6/7ths refund of Malta thin capitalization Dividend 35% tax paid by Malta OpCo 65 MaltaOpCo on distributed profits  Controlled foreign company  Dividend of 65 laws Trading Profits = 100  Entry or exit taxes  No further Malta tax on transfer of profit  Over 62 double taxation treaties worldwide  Tax payment and refund can be planned to occur  Tax refunds are legally guaranteed and paid within 2-3 weeks of application within 2 -4 weeks  Use of IFRS functional convertible currency – for statutory capital, financials, tax and tax refund purposes  Revenue rulings are binding for 5 years or 2 years following a change in legislation
  • 2. With- With Malta’s tax system - the Company out Foreign refund system in figures Tax Foreign Tax Tax Full Imputation System - tax paid at the corporate level is fully Net for- 800 800 imputated at the shareholder level, meaning shareholders’ divi- eign in- dends are not taxed. come Malta’s Tax System Grossing - 42 Following the application of Malta’s tax refund system, depending on the refunds ap- up with plied for, Malta’s corporate tax rate is substantially reduced from 35% to: foreign tax  6/7ths refund for trading income = 5% tax rate Chargeable 800 842  5/7th refund for passive income = 10% tax rate income  2/3 refund for certain passive income = 6.25% tax rate (i.e. royalties) Tax at 35% 280 280  100% tax exemption - patent royalties Malta’s Corporate Tax Basis Credit – (42) What income is taxed by Maltese authorities? double tax relief (DTA) Malta tax 280 253 payable Shareholder Tax Computation Refund on 240 253 distribu- tion (6/7) of gross tax Effective 40 0 *Remittance System - for those who wish not to incor- tax leakage porate in Malta, but use the jurisdiction as a tax base, money not remitted to Malta is 0% tax rated. Note that some tax treaties exclude this benefit. Effective Malta Limited Company Facts rate of Setting up a Malta Ltd company is surprisingly easy and speedy. With low statutory corporate 5% 0% tax on net registration fees starting at €245 and a low threshold minimum authorised share capi- income tal of €1,200 of which at least 20% must be paid up, so that only €240 need be depos- ited into a bank account. Participating Exemption - Malta as a Holding Jurisdiction Malta Parent 100% tax exemp- Income derived from a participating holding or from the disposal of such holding will tion on profits qualify for a participation exemption, which is intended to exempt from tax, divi- derived from sub- sidiaries and re- dends and gains derived from such holdings. The income derived from a participat- mitted to Malta ing holding which qualifies for a participation exemption, may be altogether ex- UK / Foreign Company cluded from the tax return and as a result 0% tax will be due. Acumum Legal Group: Maltese, UK & International Lawyers & Accountants info@acumum.com | www.acumum.com | Skype ID: acumum Malta Office +356 2778 1700 | Local Rate Numbers - UK 44 (0)20 7060 4277 & USA 1646 569 9003 Information for guidance purposes only © Acumum. All Rights Reserved
  • 3. Sector Specific - Low Tax & Vat Rates Yacht Registrations & Maritime - Largest Shipping Registry in EU - Surpassing Greece - 7th Largest Shipping Registry in the World For ship owners, Malta is an attractive jurisdiction as it operates a tonnage tax system, as a result the actual income generated by a shipping company is 0% taxed in Malta. VAT Scheme for Yacht Finance Leasing It is possible to reduce the VAT levied when vessels are under finance lease arrangements; provided that the vessel is owned by a Malta registered company and the lease agreement is less than 3 years. Added to which, the lease agreement must contain an option to purchase the yacht at the end of the lease and such agreement is approved by the Malta VAT authorities before- hand. The applicable Malta VAT rate levied is dependent upon the type of vessel and its deemed use within the EU. The applicable Remote Gaming As one of the first EU jurisdictions to license remote gaming, Malta’s single regulatory body, the Lotter- ies Gaming Authority is particularly knowledgeable and responsive to new or established operations either setting up or moving to Malta. Added to which are the low set - fees and costs both in respect of initial costs and on going operations. Aviation Wanting to attract the aviation sector, Malta has introduced very beneficial fiscal regulations for the import and operation of aircraft - for both private and commercial use. With 0% VAT and no import duties, Malta is a cost effective solution for indi- viduals or companies wanting to bring aircraft into the EU. Further benefits include:  Fractional ownership  Short wear & tear depreciation periods  No import duties for civil aircraft  Step-Up’ of aircraft value from book  No stamp duty on any aircraft, as aircraft  15% income flat tax rate for highly value to fair market value upon mi- are not deemed chargeable assets under qualified individuals gration to Malta Maltese tax law Key Facts—2012 Aside from the Big 4 Accounting & Audit  Standard & Poor 2012 rating: long-term sovereign credit BBB+ Firms, Companies already in Malta:  Moody, Sept 2012 Government Bond Rating: A3  Fitch:, Sept 2012 Short-term IDR at 'F1' and Country Ceiling at AAA  Mixed common & civil law system – corporate, commercial & trusts laws based upon English statutes (Jersey)  English an official language  Currency: Euro  GDP €6.4 billion  GDP Growth 2.9%  GDP per Capita €15,300  Inflation rate 1.5%  12th soundest banking system & 15th position in Financial Market Development (World Economic Forum’s Global Competitiveness Re- port 2011 – 2012)  Single financial services regulatory body; MFSA  Flight times UK - 3; Frankfurt - 2, Dubai - 7 Acumum Legal Group: Maltese, UK & International Lawyers & Accountants info@acumum.com | www.acumum.com | Skype ID: acumum Malta Office +356 2778 1700 | Local Rate Numbers - UK 44 (0)20 7060 4277 & USA 1646 569 9003 Information for guidance purposes only © Acumum. All Rights Reserved
  • 4. Malta’s Credit Ratings Malta’s International Legal & Fitch - A+ Moodys - A3 Advisory Boutique Standard & Poors - BBB+ - a viable alternative for clients with assets located in Cyprus Benefits for Private Clients As a foreign resident of Malta you only pay tax on income received or remitted to Malta – 0% tax payable on worldwide in- come; 15% if you enjoy permanent residence; or 35% tax if ordinarily resident and then only on income remitted or arising in Malta. With 0% capital gains tax on income outside of Malta, 0% wealth tax, 0% inheritance tax, Malta is a popular place to retire or live. Essentially a civil law system, Malta has modelled its commercial law – tax, company, trusts and financial services – on UK law and is fully compliant with EU law. Highly Qualified Rules - 15% Flat Income Tax Rate Malta wants to attract the gaming, aviation and financial sectors. As such new income tax rules mean that certain individuals earning €83,000 can enjoy a 15% flat rate income tax rate, fixed for 4 years for EU citizens Wealth Management & Estate Planning Through effective estate planning, a client’s personal affairs and wealth can be maintained and preserved. One of the most effective tools is that of the will and the trust. Obviously, Any law may govern a Malta trust Trusts are ‘looked through’ for tax purposes difficult questions and prob- lems may arise in international Benefits of UK modeled trust law Low service provider rates asset and property structuring. Upon settlor’s death or insolvency - ac- Can be treated as companies in order to Fiscal benefits of using counts are not frozen enjoy Malta tax treaties Malta trustees and administrators May be re-domiciled to Malta Licensed and insured trustees About Acumum Legal Group Unique in Malta, we are Maltese, UK & international lawyers & accountants, managed by a UK barrister; registered in Malta – all with extensive on location onshore & offshore experience, providing legal & advisory services to individuals, companies, family offices and other institutions. We also provide advocacy services through an associated international Barristers Chambers, representing law firms and clients – individuals, corporations, institutions & Governments before UK, EU and International Courts & Tribunals in most Common- wealth countries. Our Lawyers & Accountants are highly knowledgeable specialists in their fields – committed to providing cost effec- tive, excellent client service. Utilising a multi-disciplinary & multi – jurisdictional approach, we are engaged by both private indi- Tax Private Client Financial Services Corporate Formation & Services Trusts & Estate Planning Gaming Aviation Maritime Malta, UK, Alderney, Caribbean, USA Intellectual Property - IP Holding Compa- Public & Private Law nies & Royalty Routing Industry Support Acumum Legal Group: Maltese, UK & International Lawyers & Accountants info@acumum.com | www.acumum.com | Skype ID: acumum Malta Office +356 2778 1700 | Local Rate Numbers - UK 44 (0)20 7060 4277 & USA 1646 569 9003