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Malta: Types of Company

Trusts

The Offshore Trusts Act 1988, as amended by the Trusts and Trustees Act 2004 (in force January 2005), allows Maltese residents and firms to use local trusts while also furthering Malta's international obligations on non-discrimination, transparency and the prevention of money laundering.

This legislation creates a more streamlined and simplified trust regime and has made Malta more attractive to both international and domestic clients, by offering greater flexibility and certainty.

Until 2005, trusts in Malta were based on the Offshore Trusts Act 1988, which was largely based on Jersey trust law, itself a common law implant stemming from English trust law. Trusts under this Act must have non-resident settlor and beneficiaries, and trust assets must not include Maltese property (permitted under the new Act). The Recognition of Trusts Act 1994 gave effect to the Hague Convention, and results in a division of trusts into:

  • Maltese trusts, where the proper law of the trust is Maltese, and the governing legislation is The Trusts and Trustees Act 2004; and
  • Foreign trusts, governed by whatever law the settlor has nominated..

All trusts, including foreign ones, must register with the Maltese Financial Services Centre (MFSC); this costs €250 for application and processing and €100 on approval. A further €2,500 is payable when approval is granted and annually thereafter. Foreign trusts which do not register with the MFSC will not benefit from the tax advantages of registered foreign trusts (they are tax-exempt). Under the 2004 Act, transfers of assets into a trust or a change of beneficiaries may give rise to a charge to tax.

Under the 2004 Act, a registered trust must have a Maltese professional trustee as one of its trustees, which files an annual declaration of conformity with the law.

It is likely that a Malta-registered trust will often be a more effective holding vehicle than the International Holding Company (see above, and see Offshore Legal and Tax Regimes). Trusts are able to use the extensive network of Maltese Double Taxation Treaties.

In 2014, the Maltese government introduced further changes to its trust laws. The new law puts Malta closer in line with developments elsewhere in the world. It also saw the introduction  of the private trust company. This is a corporate trustee that is privately owned and acts as a trustee for the assets of wealthy families.

Unit Trusts

There are no special provisions in Maltese law covering unit trustsm which are therefore treated in the same way as ordinary Maltese trusts, and have the same tax regime.

 

 

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