A significant part of our international tax work involves cross-border corporate structuring. We regularly co-ordinate with our clients’ non-Maltese tax lawyers and advisors to come up with the most tax-efficient solutions and opportunities for those clients making use of Malta in the context of an international structure.
We have very sound relations with the Maltese tax authorities, and regularly make technical submissions, both verbally and in writing, to the said authorities on our clients’ behalf. The system of obtaining tax rulings from the tax authorities in Malta grants our clients the level of certainty and peace of mind that they require before implementing a tax structure, restructuring or any other specific transaction. At DC·Tax we are committed to help you obtain reliable tax rulings from the respective tax authorities in Malta.
We offer tailor-made tax solutions, even as we remain mindful of the need for prompt and effective turnaround. Our advice and assistance cover all aspects of Maltese tax, including Income Tax, Tax on Capital Gains, Stamp Duty, and Value Added Tax (‘VAT’). We cover these aspects in relation to:
Corporate Entities, Partnerships, Trusts and Foundations
- tax advice on structuring and restructuring of group entities, specific cross-border transactions and other tax efficient solutions;
- tax advice on transactions in key industry sectors, including:
- banking & financial institutions
- insurance industry
- investment management & funds
- oil and gas industry
- renewable and alternative energy industry
- pension funds
- private equity and venture capital
- intellectual property
- healthcare & life sciences
- remote gaming and betting
- shipping and aviation
Private Wealth Clients
- tax advice involved in estate planning – this advice is given in conjunction with legal advice provided by the General Commercial Practice of the firm, advising on the vehicles to be used in estate planning, including advice on private trusts and foundations;
- tax advice on structuring or restructuring, with a view to maximizing the individual’s or family’s wealth portfolio;
- tax advice on the status and benefits for High Net Worth Individuals and retirees acquiring tax residence in Malta. We also assist with the application procedures involved with the Maltese authorities in this respect. This may also involve accompanying the client at meetings with the respective Maltese authorities
- tax advice on pension solutions, including:
- advice on the Maltese tax treatment of Malta-licensed retirement schemes and funds, and pension income derived by beneficiaries;
- advice to employers on occupational pension solutions, including advice on the Maltese tax treatment of Malta-licensed retirement schemes and funds, and income derived by beneficiaries.
- at DC·Tax we also assist clients with the setting up and authorization/licensing of Pension Schemes, Trustees, Retirement Scheme Administrators and Asset Managers involved in the pension business. Furthermore, we assist IORPs with obtaining registration in Malta, in line with the relative EU Directive and with the procedure involved to seek QROPS (Qualifying Recognised Overseas Pension Scheme) or QNUPS (Qualified Non-UK Pension Scheme) status in the United Kingdom or similar overseas registrations.
Employment and Posting of Workers
- tax advice on employment or posting of workers, including advice to non-Malta-domiciled, Malta-based senior executives engaged in the financial services and gaming sectors in order to acquire the status of Highly Qualified Persons. The Highly Qualified Persons status grants its holder the right to be taxed at a flat rate of 15%, subject to a set of conditions.
Yachting and Aviation
- assistance with tax planning structures for VAT purposes, including the setting up and maintenance of VAT-efficient finance leasing structures involving yachts and aircraft, as well as the issuance of VAT-paid certificates by the Maltese VAT authorities for use within the European Union. We also assist with the importation of vessels, registration of vessels with the Malta flag and registration of commercial yachts in line with the Commercial Yacht Code.
- At DC·Tax we advise on and assist our international clients with commercial and corporate law matters.
- We also assist regularly with the formation and registration in Malta of the several types of corporate entities that may be established under our law, including private limited liability companies, single member companies, public companies, investment companies with fixed or variable share capital, shipping organisations, partnerships en nom collectif and en commandite, European companies (Societas Europaea) as well as branches of foreign companies in Malta. Our services in this regard include the drafting of the Memorandum and Articles of Association of limited liability companies as well as related contractual documentation, such as shareholders’ agreements.
- We have a strong professional rapport with the Registry of Companies in Malta and we are committed to liaising closely with the said Registry to expedite the registration process and ensure turnaround is as prompt and effective as possible.
- At DC·Tax we also provide corporate administration services. These range from registered office to the maintenance of statutory records, such as Registers of Members, Minute Books and the filing of Annual Returns and other statutory forms.
- We also provide a company secretarial service to entities based in Malta. We are well-versed in company secretarial duties and procedures, and are able to ensure that a company holds effective board and shareholders meetings. We also assist with helping you find local residents to be appointed as company directors.
- At DC·Tax we attend and respond to our clients’ ongoing corporate administration requirements. We retain regular contact with our clients and liaise with other service providers engaged by our clients, to ensure timely corporate compliance in line with the requirements of Maltese law.
- We offer infrastructural support for the holding of Board meetings in Malta. We help you plan for and organize your meetings, locate suitable venues, prepare and organise documents and Board packs for presentation at the meeting or for circulation before or after a meeting, provide full minuting services, and attend to supplementary logistics, such as arranging for transport, meeting room facilities and office space for rent.
- DC·Tax is regularly involved in the re-domiciliation or continuation of companies into and out of Malta. We are committed to collaborating closely with lawyers and corporate service providers worldwide to ensure that the company continuation process allows companies to transfer their operations effectively and uninterruptedly into their new jurisdiction of choice.
- At DC·Tax we also assist with the cross-border merger of EU-registered companies into Maltese companies. This procedure may be used advantageously as part of a process to ultimately re-domicile non-Maltese companies registered in EU jurisdictions which might not otherwise have the option of re-domiciling out of the EU. The foreign company merged into a resulting Malta company may in turn be re-domiciled outside Malta by taking advantage of Malta’s continuation legislation.
General Commercial Practice
Apart from the various aspects dealt with in the Taxation and Corporate Practices, DC·Tax also assists clients in the more generic aspects of the commercial practice.
Services provided include the provision of advice relating to one’s rights and obligations at law that arise out of specific legal scenarios, as well as contract drafting and vetting.