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Aenean iaculis volutpat libero congue hendrerit. Class aptent taciti sociosqu ad litora torquent per conubia nostra, per inceptos himenaeos. Vivamus tempus tellus eu quam volutpat vehicula. Maecenas eget lorem orci, ut sagittis nulla. Donec non justo tortor, sit amet consequat enim. Mauris volutpat dignissim sagittis. Aliquam suscipit pharetra nibh, vel tincidunt sem lacinia ac. Aliquam vel magna ut dolor sagittis tincidunt. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Nullam semper sem sit amet massa lobortis commodo. Nam scelerisque, eros interdum malesuada fermentum, ante ligula molestie quam, vitae eleifend diam lorem eget massa.
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It would seem that Maltese taxation is quite severe and the corporate income tax rate does not suggest that Malta is a low tax jurisdiction. However, this is not the case. The fact is that non-resident companies in Malta are entitled to a refund of taxes paid, which allows us to talk about the lower level of taxation in Malta compared to most countries in the world.
In order to claim a corporate income tax refund, a foreign company must be registered in Malta as a trading or holding company (deriving its income from trading activities or from participation in other organisations, respectively).
In the tax accounting of a Maltese company, the income earned by it must be recorded in one of four tax accounts: “foreign profits”, “Maltese profits”, “profits from immovable property”, “non-taxable income”. Each type of income is taxed according to its own rules. The final amount of tax is recorded in the fifth account “final tax”.
Example. Consider the two most common cases: a Maltese company derives profits from trading activities abroad and from participation in other companies. In either case, these profits are subject to statutory tax at 35 per cent, but the Maltese shareholders are entitled to claim a refund of the tax taken from the dividends distributed. The refund rules differ for different types of income.
If a Maltese company derives income from trading activities outside Malta (and the term “trading” includes both the direct purchase and sale of goods and the provision of services), its shareholders are entitled, upon receipt of the dividend, to apply for a refund of 6/7th of the tax previously paid in Malta. Therefore, the effective income tax rate will be 5 per cent.
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When choosing a jurisdiction for business registration, we recommend that you consider the following criteria:
Taxation
Taxes are always one of the main issues in choosing a country for starting a business, to which we pay special attention. It is advisable to choose a jurisdiction where taxation is efficient and transparent, or generally taxation is less than in the home country.
However, there are many factors to consider when choosing a country to start a company, including: incentives for newly established companies, use of double tax treaties, incentives for non-resident companies, incentives for certain types of companies (partnerships), and limited income incentives for small and medium-sized businesses.
And most significantly, you cannot forget what taxes will be paid by the business owner in the country where he is a tax resident.
Therefore, when choosing a jurisdiction, low-tax jurisdictions in Europe are now being considered, rather than offshore jurisdictions, which offer the greatest number of tax benefits for both the business and the beneficiaries (capital gains tax, dividends, interest and royalties tax).
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In Malta, it is possible to incorporate a closed and a public limited company. The minimum share capital of a public company is €46600 and €1200 for a private company. At the time of incorporation, at least 25 per cent of the capital of a public limited company and 20 per cent of the capital of a private limited company must be paid up.
Taxation
Profits earned by a resident company, whether in Malta or abroad, are subject to income tax at the rate of 35%. However, Malta does not impose tax on dividends, interest and royalties remitted abroad (no withholding tax) and Malta has no transfer pricing or thin capitalisation rules.
(transfer pricing-the sale of goods or services to interdependent persons at intracompany, non-market prices. They allow the redistribution of the total profits of a group of persons in favour of persons in lower tax states. This is the simplest and most common scheme of international tax planning aimed at minimising taxes paid;
thin capitalisation – when the company’s activities are financed by borrowed funds).
Value Added Tax is levied on the sale of goods, works and services in Malta. The VAT rate on the island is 18%. Some goods are subject to preferential rates of 5% (e.g. printed publications, hotel services) and 0% (medicines and foodstuffs). There is no property tax and there is no turnover tax on the transfer of shares in companies owned by non-residents. Malta also has no exchange control legislation and a Maltese company can conduct its economic activities in any currency in the world.
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