Globe Capitalist / Company formation / Malta

Malta
Company formation

Learn about the business ecosystem and the essentials of starting a business in Malta. From its attractive tax benefits to different types of companies, and why it’s the best choice for global entrepreneurs. A must-read for aspiring entrepreneurs.

Company incorporation in Malta: types of incorporation, how to start, benefits and taxes
The city of La Valletta, the capital of Malta

Nestled in the heart of the Mediterranean, Malta stands as a beacon of stability and economic growth. This southern European country, known for its historic fortresses, megalithic temples, and clear blue waters, has swiftly transformed itself into a modern, business-friendly environment. Beyond its rich history and vibrant culture, Malta has become a strategic hub for international businesses, owing to its well-established legal framework, advantageous tax regime, and efficient incorporation processes. Entrepreneurs eyeing Europe as a potential market would do well to consider Malta, where business and culture converge in the most unique of ways.

The Republic of Malta is not just a tourist’s haven; it’s a business paradise too. With a robust economy, strategic geographical location, and a multilingual workforce proficient in English and Maltese, Malta presents numerous opportunities for budding and established businesses alike. The government’s pro-business stance is evidenced by various incentives for investors, and a regulatory framework that fosters both local and international business growth. The island’s full membership in the European Union further augments its appeal, granting businesses here unfettered access to the European single market.

Country Malta
Language Maltese (93%)
English (66%)
Time in Malta GMT+1 (Central European Time)
Population Approximately 515,000 (Source: World Bank, 2021)
Currency Euro (€, EUR)
Religion Roman Catholicism (over 90%)
Other Christian denominations (less than 5%)
Tax regime Progressive (0% to 35% for individuals)
VAT 18% (standard rate)
Average salary €20,000 to €30,000 annually (Source: NSO, 2021)
Types of incorporations Limited Liability Company (Ltd)
Public Limited Company (plc)
Partnership En Nom Collectif (ENNC)
Partnership En Commandite (ENC)

Why opening a company in Malta

Opening a company in Malta is an astute move for entrepreneurs seeking a European foothold. With its competitive corporate tax system, often resulting in an effective tax rate far lower than the nominal 35%, it presents fiscal attractions hard to overlook. Malta’s EU membership means businesses enjoy access to the vast European market. The country’s regulatory framework is particularly favorable for fintech, iGaming, and maritime businesses, making it an ideal location for entrepreneurs in these sectors.

Advantages

Strategic Location

Malta’s central Mediterranean position offers easy access to European, North African, and Middle Eastern markets. This strategic location is especially advantageous for trading, logistics, and maritime operations.

Pro-business Regulations

The Maltese government has consistently exhibited a commitment to fostering business. Regulatory measures, combined with incentives for foreign investments, make Malta a top choice for entrepreneurs.

Competitive Tax Regime

While the headline corporate tax rate is 35%, numerous incentives and refunds can reduce this substantially, often making effective rates one of the most competitive in the EU.

Disadvantages

Small Domestic Market

Given its small population and geographic size, the domestic market in Malta is limited, potentially posing challenges for businesses that do not have an export-oriented model.

Limited Natural Resources

Malta lacks significant natural resources, often requiring businesses to import necessary raw materials, which could lead to increased operational costs.

Infrastructure Concerns

Despite its modernization efforts, there are occasional concerns about infrastructure, especially during peak tourist seasons which can affect business operations.

Taxes

Malta operates a progressive tax system for individuals, with rates ranging from 0% to 35% based on income. Its corporate tax system, at a glance, seems steep with a rate of 35%. However, Malta’s full imputation system can result in significant refunds for shareholders when dividends are distributed, often bringing the effective tax rate to between 5% and 10%. Additionally, Malta has a wide network of double taxation treaties, which further solidify its reputation as a tax-efficient jurisdiction for international business operations.

Company types in Malta

Limited Liability Company (Ltd)

Type Limited Liability Company (Ltd)
Cost of incorporation Approximately €1,200 – €2,500
Minimum share capital €1,250 (20% paid up)
Taxes 35% (with potential refunds upon dividend distribution)

The Limited Liability Company (Ltd) in Malta is the most popular form of business entity for both local and foreign entrepreneurs. It provides a clear structure and offers its shareholders protection, as their liability is limited to the amount they invested. An Ltd can be set up by both individuals and corporate entities and requires a minimum of two shareholders. Despite the headline corporate tax rate of 35%, various refunds and incentives can significantly reduce this rate upon dividend distribution, making it a tax-efficient choice for many businesses.

Public Limited Company (plc)

Type Public Limited Company (plc)
Cost of incorporation Approximately €3,500 – €5,000
Minimum share capital €46,600 (25% paid up)
Taxes 35% (with potential for refunds)

The Public Limited Company (plc) is designed for larger businesses, especially those looking to list on a stock exchange. It demands higher capital requirements compared to an Ltd, reflecting its suitability for sizable operations. The governance requirements are more stringent to ensure public transparency and investor protection. A plc is particularly suitable for businesses that seek to raise capital publicly through the issuance of shares or bonds.

Partnership En Nom Collectif (ENNC)

Type Partnership En Nom Collectif (ENNC)
Cost of incorporation Approximately €900 – €1,800
Minimum share capital None
Taxes Based on individual partner tax rates

The Partnership En Nom Collectif (ENNC) is a general partnership where all partners have unlimited liability. This means that each partner is personally and jointly liable for the debts of the partnership. It’s typically suited for professional services where partners prefer or are mandated to have personal responsibility, like law firms or accountancy practices.

Partnership En Commandite (ENC)

Type Partnership En Commandite (ENC)
Cost of incorporation Approximately €1,000 – €2,200
Minimum share capital None, but contributions are mandatory
Taxes Based on individual partner tax rates

The Partnership En Commandite (ENC) is similar to the ENNC but has two types of partners: general partners with unlimited liability and limited partners whose liability is capped to their contribution. This structure is often chosen when investors want to invest capital without being involved in the management or having unlimited liability, while others manage the business and assume full responsibility. It can be a suitable option for venture capital arrangements.

VAT in Malta

VAT in Malta operates under a tiered system. The standard rate is 18%, but there are reduced rates of 7% primarily for accommodation and 5% for specific goods and services. Some items even enjoy a zero rate (0%). Registration for VAT is mandatory for businesses that surpass certain thresholds, and regular filings are required.

Common questions

What are the primary benefits of incorporating in Malta?


Incorporating in Malta offers a myriad of advantages. The Maltese tax system is one of the most attractive in Europe. Companies registered in Malta can benefit from effective tax rates as low as 5% after refunds, making it a very tax-efficient jurisdiction. Malta’s membership in the EU provides businesses access to the European market, allowing them to operate within a familiar regulatory framework.

The Maltese regulatory environment is robust yet flexible, catering especially to sectors like iGaming, maritime, finance, and technology. Moreover, Malta’s workforce is multilingual, well-educated, and competitively priced. Its strategic location at the crossroads of Europe, Africa, and the Middle East enhances its allure as a business hub. Lastly, Malta has signed over 70 double taxation treaties, facilitating smoother international business transitions.

How long does it take to set up a company in Malta?


On average, incorporating a company in Malta is swift, with the process taking between 24 to 48 hours provided all documentation is correct and complete. Nevertheless, if your business requires specific licenses (like iGaming or financial services), the process can take longer. It’s worth noting that the Maltese Registrar of Companies has been commended for its efficiency, making the registration process seamless for most businesses.

Are there any residency requirements for directors or shareholders?


Malta offers flexibility regarding residency. Directors and shareholders don’t need to be Maltese residents. However, appointing a resident director can facilitate interactions with local banks and authorities, given the on-ground presence and familiarity with Maltese corporate procedures.

Is it necessary to have a registered office in Malta?


Yes, maintaining a registered office in Malta is mandatory. This isn’t just a formality. The registered address holds significance as it’s where all official communications and legal notices will be sent. It’s also worth noting that the Maltese Registrar of Companies will use this address for all official correspondence, so the company must ensure it’s manned and can receive and process such correspondence promptly.

What is the minimum share capital required for a Limited Liability Company in Malta?


A Maltese Limited Liability Company needs a minimum authorized share capital of €1,250. Of this amount, at least 20% must be paid up during registration. While this might seem low, it’s indicative of Malta’s aim to facilitate business and reduce barriers to entry, especially for startups and SMEs.

Can a single individual own and manage a Maltese company?


Absolutely. Malta acknowledges the evolving nature of modern businesses. Recognizing the rise of solopreneurs and single-owner businesses, Malta permits one individual to be both the sole shareholder and the sole director, thereby streamlining operations for small businesses.

How are dividends taxed in Malta?


Malta employs a unique imputation system. When a company distributes dividends to its shareholders, these dividends come with a tax credit equivalent to the tax already paid by the company. For non-resident shareholders, this can lead to significant tax advantages, as they can claim a refund of a portion of the tax paid by the company, resulting in an effective tax rate on profits as low as 5%. This mechanism is a cornerstone of Malta’s appeal as a business-friendly jurisdiction.

Do Maltese companies need to undergo an annual audit?


Yes, an annual audit is obligatory for Maltese companies. This underscores Malta’s commitment to transparency and accountability in the corporate sector. Every company, irrespective of its size or nature, must get its financial statements audited by a certified public accountant licensed in Malta. This practice ensures that stakeholders have a clear and true view of the company’s financial health.

Can I relocate my existing business to Malta?


Yes, relocating an existing business to Malta is feasible and often beneficial. Redomiciliation processes are well-defined in Malta. As long as your original jurisdiction allows for redomiciliation and the business adheres to Maltese regulations, the move is straightforward. Malta’s welcoming stance on business migration, combined with its attractive tax regime and strategic location, makes it a top choice for businesses considering relocation.

Are there specific sectors that particularly benefit from incorporating in Malta?


Malta, over the years, has carved niches in specific sectors due to targeted regulatory and infrastructural development. iGaming companies find Malta’s regulatory environment tailor-made for their operations. The maritime sector benefits from Malta’s large ship registry and marine infrastructure. Financial services companies are drawn by Malta’s robust yet flexible regulatory framework. More recently, tech companies, especially those in blockchain and cryptocurrency, find Malta’s forward-thinking regulations appealing. Regardless of the sector, Malta’s overarching business-friendly environment, coupled with sector-specific incentives, makes it an attractive destination.
Company incorporation in Malta: types of incorporation, how to start, benefits and taxes

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