Outline of Malta company law
The Malta Financial Services Authority (MFSA) is the sole regulator
for investment services, insurance and banking. Maltese law shifts
tax benefits status from ‘offshore’ to a new system
based on INTERNATIONAL INCOME SOURCE.
i. Company Status
An International Trading or Holding Company is a Malta
registered ONSHORE company whose objects are TRADING activities
of an international nature, whilst an INTERNATIONAL HOLDING COMPANY
is restricted to asset holding & administration thereof. All
International trading and holding activities MUST be carried out
FROM Malta with other persons not resident in Malta, and exclude
Maltese movable or immovable property.
ii. Activity
A company may trade or carry out holding & administration activities
FROM Malta at its registered office where all contracts and accounts
must be kept in English. An ADVANCE REVENUE RULING may be obtained
from the International Tax Unit of the Malta Financial Services
Centre as to whether specific activities undertaken by a company
qualify as trading or holding activities. It is important to note
that business is allowed in ANY CURRENCY except Malta Liri, and
accounts must be audited and annually submitted to the regulator.
iii. Tax liability for International Trading & Holding
companies
Malta Trading & Holding companies are liable to Malta tax at
the rate of 35% on its adjusted net profit. However once the IHC
has foreign source revenue, then income tax on profits, is FULLY
refunded, NOT TO THE COMPANY but to the client representative in
Malta. Any claim for refund must be made within 4 years from the
date when the amount of tax, is eligible for refund. Any refund
due by the tax authorities is payable not later than the fourteenth
day following the end of the month in which the refund becomes due
and is recoverable as such.
iv. Confidentiality
A non resident shareholder is able to own full shareholding in a
Malta Company, while REMAINING CONFIDENTIAL by acting through a
licensed nominee CREDAL Holdings Ltd. The name of the beneficial
shareholder is submitted only to the bank and to the Malta Financial
Services Center to ensure the client’s interests are at all
times safeguarded by an independent regulator.
v. Caution against money laundering activities
Under Maltese law, it is a serious offense to knowingly take part
in, or attempt to participate in any activity of money laundering.
Money laundering is defined as efforts to put into circulation funds
obtained from criminal activity. Any related conviction / investigation
shall result in shedding the veil of confidentiality, and possible
confiscation of property derived from money laundering activity.
Clients signing this agreement expressly commit themselves to provide
the director with documentary evidence of origin of all related
funds.
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