Chetcuti Cauchi Advocates > Valletta, Malta > Firm Profile

Chetcuti Cauchi Advocates > Firm Profile

The firm: Chetcuti Cauchi Advocates is one of the top-ranked firms throughout The Legal 500 Malta.  With offices in Malta’s legal and financial capital city, Valletta, the firm is recognised as key player offering legal, tax and corporate services.

Providing a full spectrum of in-house client-focused services, Chetcuti Cauchi Advocates advises high-net-worth individuals and their families, as well as both small and large corporations, with all their needs. The firm’s success in this area is notable as a result of its exponential growth and expansion across various emerging industries.  Despite its growth, now consisting of a team of over 170 people, the firm is dedicated to providing personalised services to its clients and being the go-to advisory firm for individuals seeking a first class service.

The firm enjoys sound management, a fresh outlook, and state-of-the-art practice management technology which was built in-house and with a client-centric advisory focus. Chetcuti Cauchi Advocates is well positioned to service clients ranging from high-net-worth individuals and families, owner-managed companies to Fortune 500 companies.

Areas of practice
Family and wealth: Chetcuti Cauchi helps HNW families structure their family wealth and business interests in a sustainable legal and tax-optimised manner. It also helps set up family investment and co-investment platforms and helps implement listing and exit strategies.

Residency and citizenship law: its immigration team assists people wishing to relocate and retire to Malta using the appropriate Malta programme, whether this involves the attainment of citizenship or through one of the current residency programmes.

Yachts, aircraft and art: Chetcuti Cauchi holds strong ties with surveyors, yacht management companies, financial institutions, insurance companies and banks which allow it to provide a one-stop-shop service from Malta. The main aim behind its art law team is to provide the artistic and creative industry with practical legal advice and assistance.

Tax: Chetcuti Cauchi’s tax advisory practice specialises exclusively in tax advisory matters. Its experience ranges from corporate and personal tax, property and value-added tax, through to e-commerce tax, energy tax, trusts and estate planning, investment funds tax and tax disputes.

Corporate law and corporate finance: the firm counsels clients in complex transactions including mergers, sales and purchases of shares and assets, tender offers, exchange offers, and leveraged buy-outs.

Gaming, IP and ICT law: its IP, ICT and gaming practice offers an all-inclusive and holistic service to its clients that is in line with clients’ intricate personal and business legal requirements.

Financial services: its specialist expertise and financial knowledge enables its advisors to provide results-driven commercial advice to financial entities on some of their most complex transactions and to help them address some of their most challenging business issues.

Corporate services: the firm provides full corporate tax services, company administrators, compliance services and training to companies setting up within Malta.

Property: its real estate lawyers and planning experts provide advice on residential, commercial, mixed and industrial real estate purchase and leasing. It also provides consulting services on residential, tourism and industrial real estate development.

Shipping and aviation: its specialised aviation team consists of legal advisors, accountants and tax specialists drawn from its transport, corporate and tax practices who have an unparalleled span and depth of knowledge in the transportation industries. Its consultants provide results-driven practical counsel to its aviation clients on some of their most elaborate and unique transactions.

Commercial: the firm always helps its clients to identify simple, practical solutions, and prefers to avoid costly and time-consuming litigation whenever possible. It understands that its clients need effective, commercially savvy legal advice.

Doing Business In

Malta

A Mediterranean archipelago, the Maltese islands are located at the crossroads between Europe and North Africa. Long popular for beach holidays, the islands also offer prehistoric temples, fossil-studded cliffs and a history of extraordinary grandeur.

Over the years, the islands have served as a geographical vantage point to its many invaders, with architecture and traditions reflecting a wide range of influences. A bi-lingual nation, both English and Maltese are the official languages of the island state.

Back in 1994, Malta issued a series of laws aimed at making Malta attractive to the foreign investor, a strategy that bore great success. Prior to joining the European Union in 2004, Malta revamped its legislative framework to meet compliance with all prevailing EU directives and requirements. This, together with Malta integration of the region’s common currency, the Euro, continued to propel Malta’s economic success. Nonetheless, the sovereign country’s freedom of movement has been amplified upon becoming a member of the Schengen Area, enabling its citizens to move and travel freely to an additional twenty-six countries.

THE LEGAL SYSTEM

Malta has a hybrid legal system, as a result of both common and civil law influences. Malta’s EU membership binds it to transpose all EU directives into domestic law and to abide by regulations issued, and decisions taken, by any of the EU institutions.

THE ECONOMIC AND POLITICAL CLIMATE

Malta enjoys a stable and bi-partisan political scene, which is largely convergent on issues of national and economic importance. Being a parliamentary republic fully adherent to its non-alignment provisos, the country enjoys political neutrality in an international context. Indeed, Malta has very good relationships with its neighboring countries, both to the North and the South of the Mediterranean. It also benefits from a well-established network of bilateral and multi-lateral relationships across the globe.

As a crown colony, the country once relied heavily on British commerce for economic growth. However, that changed with Malta’s independence in 1964 when the foundations for a successful economy were laid down. In fact, the islands’ economy has been incredibly resilient even in times of financial turmoil. It was the only state, alongside Germany, to maintain economic growth during the financial crisis.

Over the past five years, Malta experienced increased economic activity and registered some of the highest GDP growth rates in Europe. In 2017, Malta’s GDP grew by 6.6% and registered a surplus of 3.9%. In 2018, GDP was expected to grow by more than 5% with the surplus estimated to be in the region of 1%. In 2019, Malta is set to remain one of the top performers in the European Union with a projected real GDP growth of 5%, much higher than the average 2.0% expected in the Eurozone.
Malta has additionally maintained a steady level of competitiveness, especially with regards to the cost of living, salaries and property. Whilst maintaining traditional sectors such as manufacturing and tourism, new economic sectors have emerged, namely financial services, iGaming and digital technology, as well as within the pharmaceutical industries. Political stability, and Malta’s economic performance, have resulted in a good quality of life, in turn attracting high levels of Foreign Direct Investment, as well as families and retirees choosing Malta as their place of residence.

BUSINESS ENVIRONMENT AND FDI

Malta is a well sought-after destination for businesses and investors who desire a business-ready European location. As a free-market economy, with no restrictions or legal prohibitions on FDI and no exchange controls, Malta benefits from few obstacles to trade and enterprise. The country does not impose any limitations on the inflow or outflow of funds although, business and trade dealings must be in line with EU and national legislation and regulations.

Alongside its booming economic climate, the islands possess a highly professional and multi-lingual workforce, and adopt a pro-business approach which not only encourages business, but is also attractive for new investment

In fact, in the first half of 2018, the level of foreign direct investment in Malta stood at €176.5 billion. This represents an increase of €8.6 billion over the corresponding period during the previous year. Financial and insurance activities contributed €166.4 billion representing 97.3% of the total stock of FDI in Malta.

MALTA’S SUCCESS STORIES

Malta has always been quick to legislate and to keep up with an ever-changing world and economic and social progress.  It recently implemented sound laws and regulations which, while considerate to the needs of the market, allow businesses to operate in a safe yet attractive environment. In turn, the Maltese legislator has molded Malta into an onshore jurisdiction which offers numerous cost-effective opportunities which continue to entice business to its shores.

AVIATION

Malta’s aviation industry is crucial to its development, as it is one of the main sectors responsible for the country’s substantial economic growth. Apart from being a hub for international commerce and travel throughout history, the island was considered as one of the most strategic geographical points during WWII. Throughout the years, we have seen many multinational companies relocate to Malta, such as Lufthansa Technik, VistaJet and EasyJet. Nonetheless, Malta has implemented the Highly Qualified Persons Rules, which have further attracted various aviation executives to relocate their businesses to our shores.

ART & CULTURAL PROPERTY

Malta’s promotion of its arts and culture is at full-speed, thanks to Valletta’s reign as the European City of Culture for 2018. Culture and art are now prevalent on the national agenda and have an immensely important role to play. Indeed, this industry is multi-faceted in nature and addresses the rights of a very wide range of individuals – dealing with artists, art collectors, auctioneers, museum curators and owners of art work, financiers or insurers. Subsequently, art and cultural property touch upon various legislations, including intellectual property laws and taxation laws.

RESIDENCY AND CITIZENSHIP SCHEMES

In 2013, amendments to the Maltese Citizenship Act were passed, allowing one to become a citizen of Malta, provided, of course, that the applicant satisfies the relative conditions of the said Act. These amendments provided for the LN of 2014, which kickstarted the Malta Individual Investor Programme (MIIP). The MIIP regulations provide for affluent persons of impeccable repute to be naturalized and to receive Maltese citizenship, by means of a contribution to the Maltese economy. Therefore, upon obtaining citizenship, the applicant would automatically acquire the status of a European Union citizen and obtain access to 160 visa-free destinations, including the USA.

FAMILIES AND WEALTH

The ever-growing influx of high-net-worth individuals heading to Malta to invest in the country’s extensive investment sectors brought on the demand for sustainable tax planning and legal considerations. Indeed, such a thriving and flourishing sector generally includes trusts law, foundations law and estate management. Malta’s legal system is more than well-catered to suit the needs of HNWs looking to achieve well-established succession, philanthropic and estate planning objectives.

FINANCIAL SERVICES

The Financial Services sector in Malta has grown exponentially in the past twenty-five years, as Malta sought to position itself as the jurisdiction of choice for businesses wanting to set up in a business-friendly EU jurisdiction which embraces innovation. The Malta Financial Services Authority (MFSA), which is the sole regulator for financial services in Malta, maintains a pro-business approach and an open-door policy which has led to the growth of the local capital markets, banking, insurance and investment services industries.

Despite the size of the jurisdiction, the local capital markets are steadily thriving and growing in size, liquidity and sophistication. The Malta Stock Exchange (MSE) offers various listing options for seasoned companies as well as small to medium enterprises seeking to raise finance.

The MSE plays host to numerous equity and debt transactions, providing facilities by means of which securities can be admitted to trading, and subsequently traded over a secure, well-regulated secondary market. There are various listing options through the MSE, namely the Official List, the Alternative Companies List, the Institutional Financial Securities Market, and Prospects – a multilateral trading facility aimed at small to medium enterprises and family businesses. Listing on the MSE main market is not only a cost-effective solution of raising finance, but also affords a European Passport, and the prestige and brand exposure that comes with being listed on a European capital market.

Whilst still relatively small, Malta also offers the possibility to set up securitization vehicles as an alternative means of raising finance.

Malta is also becoming an increasingly popular jurisdiction for investment services firms seeking to offer their services to persons in EU member states under the simplified passporting procedure. It is also gaining traction as a funds domicile, particularly through its home-grown hedge fund structure, the Professional Investor Fund, which itself has gained popularity for its flexibility. Malta also offers the possibility of setting up Alternative Investment Funds (AIFs) and Undertakings for Collective Investment in Transferable Securities (UCITS), as well as has recently set up a bespoke Notified AIF (NAIF) regime. The NAIF, which is a fully EU law-compliant product, provides a fast-track possibility of accessing the market within just 10 days, by shifting the burden of regulation onto the Fund Manager and allowing the fund to be notified to the MFSA.

The local banking and financial institution sector has also evolved from a handful of domestic banks into an industry which operates across all the EU Member States, set up as both ‘brick & mortar’, as well as online. The industry is experiencing renewed vigor since the advent of Fintech, which is reshaping the services which consumers are expecting from credit institutions, electronic money institutions and payment services providers.

Malta’s insurance sector is also steadily growing since Malta’s EU accession and now comprises commercial insurance companies carrying out both general and long-term business, subsidiaries of major international insurance and reinsurance undertakings, Affiliated Insurance Companies (Captives) and Insurance Management Companies. Malta has become a particularly attractive domicile for Captives and Protected Cell Companies and is increasingly being eyed as a potential domicile of choice by UK insurance companies seeking an EU domicile post-Brexit.

FINTECH AND BLOCKCHAIN

The Maltese Government is always on the lookout to excel in emerging industries and to convert the Island into specialized centers of excellence. Throughout 2017-2018, the Malta Financial Services Authority, together with stakeholders, drafted the first regulations of the disruptive technologies of blockchain and cryptocurrencies. Towards the end of 2018, three legislative instruments became effective in regulating cryptocurrencies, referring to   virtual financial assets and service providers, distributed ledger technologies, and innovative technology arrangements. A new regulatory authority called the Malta Digital Innovation Technology was also established. The new laws put Malta on the blockchain map with large renowned crypto-exchanges such as Binance, Coinvest and OKEx, as well as other international crypto-based companies, such as Yovo and Neufund, relocating headquarters or opening operations in Malta.

GAMING

The gaming industry in Malta has flourished in just a decade, making the islands the top European jurisdiction for operators. Malta has now become the foremost legal and operational infrastructure in the gaming industry, a success also synonymous with innovation, professionalism, regulation and trust. In 2018, the laws, rules and regulations governing gambling were complete overhauled in order to meet the needs of the ever-growing gaming presence in Malta. Moreover, the Malta Gaming Authority’s (MGA) role was expanded with further discretion in its compliance and enforcement functions, to better achieve regulatory objectives. To remain at the forefront of gaming laws and disruptive technologies, the MGA also launched a Sandbox Framework, pertaining to the use of Virtual Financial Assets (VFAs) and virtual tokens, as well as Innovative Technology Arrangements (ITAs) within the gaming industry as a means of payment for gaming services.

MARITIME

The island’s fate has always been linked to the sea. Due to its strategic location right in the center of the Mediterranean, alongside its deep and sheltered harbors, Malta has the advantage of being a thriving maritime base. In turn, the country has developed an avant-garde variety of integrated maritime services, complemented by numerous dependable marine facilities. Indeed, the Maltese Ship Registry has experienced steady growth over the years and is the 6th largest registry in the world.

Additionally, the Maltese flag is synonymous to a mature and safe jurisdiction with regard to the world of sailing. Vessels bearing the country’s flag are less susceptible to detainment and inspections at foreign harbors, as Malta’s flag belongs to the White List of the Paris and Tokyo MoU. Moreover, the country also offers cost-effective solutions for yacht owners and shipping companies, while at the same time provides state of the art services and infrastructure to a range of vessels. In the first quarter of 2019, the Commissioner for Revenue of Malta issued new guidelines in relation to the calculation of VAT on the leasing of yachts.

SETTING UP IN MALTA

CORPORATE VEHICLES

Business in Malta may be conducted through a number of different vehicles such as partnerships, sole proprietorships, branches of foreign companies, co-operatives, trusts, investment companies with varied share capital (SICAV), protected or incorporated cell companies. The most common vehicle is the limited liability company, whilst partnerships are also popular, although the latter are normally associated with the professional services sector. SICAVs are principally used in investment fund structures and incorporated or protected cell companies popular within the insurance sector.

In addition to the various structuring options, Malta offers an attractive tax regime for carrying out business or the holding of investments through Malta.

COMPANY FORMATION

The ease with which a company can be set up in Malta is a convenient feature of setting up a business here. Provided the requirements of Maltese law are complied with and the necessary due diligence procedures are carried out, a company can be incorporated in as little as 24 to 48 hours from the receipt of documentation.

ADVANTAGES OF SETTING UP IN MALTA

Malta is a popular and reputable destination for both start-ups and well-established businesses that wish to set up HQs, branches, or finance and investment companies in a European jurisdiction. Due to its pro-business approach, the islands are now home to some 70k companies, with 30% of them having been registered in the last 5 years.

As mentioned above, setting up in Malta is a relatively straightforward process. No licenses or permits are required, save for businesses operating within certain sensitive sectors such as pharma, gaming, finance, insurance and medical sectors.

A brief overview of the benefits which businesses in Malta can obtain through setting up in Malta are:

• competitive set-up and operations costs, which are 20% to 30% lower than in other European business hubs;
• a fast track company formation process;
• an English-speaking, highly professional workforce;
• business incentives by Malta Enterprise (including tax credits, soft loans and training grants);
• a favorable tax regime and an extensive double taxation treaty network;
• EU passporting rights for banks and financial services companies.

COMPANY TAXATION

Companies incorporated in Malta are deemed to be resident and domiciled in Malta and are therefore subject to tax on their worldwide income less permitted deductions at the corporate income tax rate of 35%. However, income or gains from qualifying investments may be exempt from tax in Malta under the participation exemption provisions.
Participation Exemption

Income or capital gains derived by Malta companies from qualifying “participating holdings” (PH) may be exempt from tax in Malta at the option of the company.

An investment qualifies as a PH where a Malta company is an equity shareholder in another company and:

(a) holds directly at least 5% (five percent) of the equity shares of such a company, which holding confers an entitlement to at least ten percent of any two of the following (“equity holding rights”): right to vote; profits available for distribution; and assets available for distribution on a winding up; or

(b) is entitled at its option to call for and acquire the entire balance of the equity shares not held by that equity shareholder company to the extent permitted by the law of the country in which the equity shares are held; or

(c) is entitled to first refusal in the event of the proposed disposal, redemption or cancellation of all equity shares of that company not held by that equity shareholder company; or

(d) is entitled to either sit on the Board or appoint a person to sit on the Board of that company as a director; or

(e) holds an investment representing a total value, as on the date or dates on which it was acquired, of a minimum of one million, one hundred and sixty-four thousand euro (€1,164,000) (or the equivalent sum in a foreign currency) and that investment is held for an uninterrupted period of not less than183 days; or

f) such shares are held for the furtherance of its own business and the holding is not held as trading stock for the purpose of a trade.

Equity shares refer to a holding of the share capital in a company which entitles the shareholder to at least any two of the following three rights: the right to vote, the right to profits available for distribution to shareholders and the right to assets available for distribution on a winding up of the company. Capital gains derived from the disposal of such PH may be exempt from tax in Malta. Where Malta holding companies receive dividend income from a participating holding, such income may also be exempt from tax in Malta provided that the company in which the PH is held falls within one of the following safe harbors:

• it is resident or incorporated in the EU;
• it is subject to any foreign tax at a rate of at least 15%; or
• less than 50% of its income is derived from passive interest or royalties .

Where a PH does not fall within one of the safe harbors described above, a company may still opt for such income to be exempt from tax in Malta, if both anti-abuse conditions below are satisfied:

• the equity shares held in the non-resident company do not represent a portfolio investment; and
• the non-resident company or its passive interest or royalties have been subject to tax at a rate which is not less than 5%.

TAX REFUNDS

Where the participation exemption does not apply, upon receipt of a dividend, shareholders of a Malta company, or a foreign company which is resident in Malta for tax purposes, are entitled to a refund of all or part of the Malta tax paid at the level of the company on such income. The type and source of income received by the company must be considered when determining the amount of refund which may be claimed. Shareholders of companies that have a branch in Malta, who are in receipt of dividends out of branch profits subject to tax in Malta, are also eligible for the same tax refunds as shareholders of a Maltese company.

Full Imputation System

Malta operates a full imputation system of taxation whereby shareholders in receipt of dividends out of a Malta company receive a credit for the tax suffered at the company level, thus eliminating any further taxation being due on the dividend by the shareholder.

OPPORTUNITIES & FUTURE PROSPECTS

BREXIT

With the UK projected to leave the European Union by 2020, concerns regarding businesses which presently benefit from the EU market and its harmonization are on the rise. With regards to this, the UK financial services industry is weighing out the options related to the maintenance of passporting rights within the EU. Malta is well positioned to attract such business and offers the possibility of re-domiciling all manner of business and licensed financial services operators, including funds and asset managers, insurance operators, banking and electronic money institutions (EMI). Concerns related to Brexit aside, co-locating to Malta for operational aspects is an ideal prospect. Its favorable tax regime, historical and contemporary ties to the UK, the fluent use of the English language, laws based on common law equivalents, portfolio of fund options, and lastly, its stable financial services industry, all point towards a seamless integration.

PROPERTY MARKET

Malta’s tax regime has proven beneficial in many sectors and it undoubtedly features very prominently in the property market. Even despite the decade’s worth of global financial and political turmoil, Malta has continued to feature on the radar of investors interested in investing in Europe’s growing property market. The Maltese property rates, nonetheless, have remained relatively stable throughout the years.

Indeed, the tax regime alongside its favorable environmental climate, has attracted many to move their personal and business affairs to Malta or to invest in Malta. The country’s tax system protects both buyer and seller in property deals and has contributed to maintain the strength and perseverance of the Maltese property market, especially with relation to high-end properties. Moreover, residential prices in Malta saw a roughly 17% year-on-year increase from Q2 2017 to Q2 2018, putting the country in the lead worldwide in relation to house price rankings. In the first quarter of 2018 alone, residential prices had undergone a 3.6% average price increase.

The demand for property and steady price increments are nevertheless supported by a strong growth in disposable income, which continues to benefit from advantageous labor market conditions. Nevertheless, the fact that Malta has a low interest rate make it all the more attractive for investment. In turn, these factors continue to contribute to Malta’s exponential growth in lending for house purchases. Nonetheless, the increase in the foreign work force in Malta and, to a limited extent, the MIIP, have also been supporting demand for housing.

PROSPECTS FOR FAMILY BUSINESSES

Small-to-Medium Enterprises and family businesses lie at the heart of the Maltese economy and the Maltese government is aware of how crucial their contribution is. Intent on fostering the best possible thriving business environment, besides the implementation of a family business legislation which ultimately allows businesses that have a sound business plan to access financial support, the Malta Stock Exchange’s ‘Prospects MTF’ allows SMEs to access finance of between €1 to €8 million.

Therefore, SMEs can confidently seek access to funding without relinquishing ownership or control of their company, through the capital markets, traditionally associated with far higher levels of funding.

FINTECH, BLOCKCHAIN & ARTIFICIAL INTELLIGENCE HUB

Malta implemented groundbreaking legislation in the Blockchain or Distributed Ledger Technology (DLT) field in the shape of a trio of Acts that took force of law in 2018. The Malta Digital Innovation Authority Act (Cap. 591) sets out the basis for the creation of a digital authority, with the remit of regulating innovative technologies. The Innovative Technology Arrangements and Services Act (Cap. 592) sets out the legal basis under which the MDI will regulate such technologies, currently DLT platforms and smart contracts.
The Virtual Financial Assets Act (Cap. 590) regulates the launch of virtual financial assets (VFAs or cryptocurrencies) in or from Malta, as well as those providing services to VFAs, such as advisers, brokers, portfolio managers, or crypto exchanges. The VFA Regulations (S.L. 590.01) provide further guidance on how the act is to be applied in practice.
A national Artificial Intelligence (AI) taskforce has been set up with the vision of making Malta the ultimate AI launchpad, by creating an innovation sandbox and bringing together innovators, business angles, investors and users in a secure environment. No regulation has to date been announced, however the intention with technology with so many potential uses in different fields is for a light touch regime rather than a rigid approach that would stifle the necessary dynamism. The scope of both MDIA and ITAS are expected to include AI in the near future.

WHY MALTA CAN BE THE RIGHT JURISDICTION TO DO BUSINESS

Malta is a popular and reputable destination for start-ups and well-established businesses alike, who wish to set up or co-locate in Europe. Due to its long-standing pro-business approach, the islands are now home to over 70,000 international companies, with 30% of them being registered in the last 5 years.
As mentioned above, setting up operations in Malta is a relatively easy process. In general, no licenses or permits are required, save for businesses operating within certain sensitive sectors such as medical/pharma, gaming, financial services and aviation sectors. Convincingly, businesses in Malta can benefit from;

• a competitive set-up and operational costs, which are 20% to 30% lower than in other European business hubs;
• a fast track company formation process;
• an English-speaking, highly professional workforce;
• business incentives by Malta Enterprise (including tax credits, soft loans and training grants);
• 5% net effective corporate tax rates and an efficient double taxation treaty network;
• EU passporting rights for banks and financial services companies.

Press Releases

Malta to offer a Start-Up Residence Permit

5th November 2021 A new directive targeting third-country nationals to invest in a new or existing start-up shall be implemented in the coming months as announced by Malta’s Finance Minister Clyde Caruana. The new Malta Start-Up Residence Programme will be operated by the Residency Malta Agency and the government agency Malta Enterprise.

Malta Stock Exchange: European capital raising now easier for SMEs

17th May 2021

While larger enterprises often steal the limelight, small and medium-sized enterprises (SMEs), very often being family businesses, make up the very backbone of most economies, with SMEs constituting the vast majority of companies within the EU. In Malta, 99.9% of Maltese companies are classified as SMEs, with 4.8% classified as small to medium enterprises and 95.1% classified as micro organisations.

EU VAT on Yacht solutions

17th May 2021 The yachting industry sails across a dynamic regulatory environment, increasingly leading to more paperwork, administration, checks and procedures.  In this context, and considering that yachts are generally a leisure escape, yacht owners are constantly looking for straight forward solutions that allow them to sail their yachts worry-free. 

Chetcuti Cauchi Advocates Launch Dual Citizenship Report: European Region

31st October 2017

Chetcuti Cauchi Advocates released a new report entitled ‘The Dual Citizenship Report’ which explores the treatment and legal status of dual citizenship in European Countries. To commemorate the launch of the report, the partners invited Hon. Prime Minister Joseph Muscat on the 27^th September 2017, who signed the first physical copy of the report.

Legal Developments

Integrating ESG Practices into Intellectual Property Law

3rd April 2024 Delving into the dynamic relationship between Environmental, Social, and Governance (ESG) principles and Intellectual Property law.

The Legal Side of Content Creation

14th March 2024 Influencer marketing has evolved into a pillar of the digital economy, having a worldwide valuation of over €21.1 billion.

Inheriting Property in Malta

12th March 2024 When a person inherits property in Malta, a procedure needs to be undertaken for such person to have the property officially listed under his name.

Malta Nomad Residence Permit Income Tax Rules

29th February 2024 The Income Tax Rules applicable to the Nomad permit holders in Malta prescribe a tax exemption for one year starting from the date of issue of the residence card.

Trademarking the Digital Frontier

21st February 2024 This article shall be delving into the guidelines issued by the European Union Intellectual Property Office (the ‘EUIPO’) on the classification of NFTs, virtual goods and services.

Copyright Case Study: News Agencies vs Generative AI

21st February 2024 There is a widespread discussion surrounding ChatGPT, an advanced generative artificial intelligence (AI) language model.

Navigating Maltese Roots: A Comprehensive Guide to Maltese Citizenship by Descent for Canadians

14th February 2024 Maltese citizens who emigrated and acquired Canadian citizenship voluntarily, lost their Maltese citizenship once acquiring such citizenship.

Transfer Pricing Methods

13th February 2024

Transfer Pricing Methods in a Nutshell 

In a globalized economy, it is a common practice that entities forming part of a multinational enterprise (“MNE”) transact with each other.

Malta Property Ownership

13th February 2024

Property Ownership in a Nutshell 

Through its consistent economic growth and competitive residential market, Malta has developed into a unique and attractive option for property ownership.

Malta Tax Year 2023 in Review

9th February 2024  In 2023 year, the field of direct tax law saw substantial updates, encompassing a range of changes and advancements on both domestic and international fronts.

Taxation of Rental Income in Malta

15th January 2024 When a property is rented out in Malta, the lessor can decide to either opt for the 15% final withholding tax or to declare the rental income in the annual tax return (and have it taxed at applicable standard income tax rates).

Malta Transfer Pricing Rules

20th December 2023 With the Malta Transfer Pricing Rules, Malta has introduced to its legal system transfer pricing rules, imposing obligations on corporate taxpayers and introducing new legal institutions

The Advantages of the Malta Flag

19th December 2023 Due to the private and public function of ship registration, owners and charterers must weigh different factors prior to choosing the flag state of their vessels. Malta, in this respect, has proven to be an ideal jurisdiction.

Intellectual Property Rights in Yachting

11th December 2023 The world of yachting, a realm of luxury and innovation, stands as a testament to creativity and engineering. Amidst the azure expanse of the seas, a less obvious but equally important facet shapes this industry: intellectual property rights (IP Rights).

Moving to Malta: Applying for a European Pet Passport

27th September 2023 In an increasingly interconnected world, pet owners often face the prospect of relocating with their beloved animals.

Arm’s Length Principle in Transfer Pricing

19th September 2023 In a globalized economy, it is a common practice that entities forming part of a multinational enterprise (“MNE”) transact with each other.

Insolvency Reform

20th July 2023 Following the introduction of Directive (EU) 2019/1023 on preventive restructuring frameworks, on the discharge of debt and disqualifications,

Yacht Financing in Malta

13th July 2023 Yacht financing in Malta is an option for individuals who want to own their own luxury yacht but do not want to pay the full price in cash outright.

AI and Maritime Law

26th June 2023 Legal writers assumed that every ship would carry a crew. Indeed, most of the maritime legislation which regulates the seas currently is based on this very assumption.

Data Subject Rights under the GDPR

21st June 2023 The exponential growth and popularity of the digital world has led to a vast shift in lifestyles during the 21st century,

Copyrighting AI Generated Art

14th June 2023

Artificial Intelligence (AI) has taken the world by storm and is rapidly transforming various industries and activities. The realm of Intellectual Property (IP) is no exception. The impact of AI on IP is multifaceted, ranging from automated IP searches to the creation of AI-generated content.

Why Film in Malta?

12th June 2023 Malta has one of the largest production facilities in the world, which offers a unique environment for films and productions. It is not only an ideal location, but through the several financial incentives it also gives crucial financial support to the film industry.

Design Protection after Porsche 911

12th June 2023

Recently Porsche lost a design protection case for its widely known Porsche 911 model, with the European Court confirming such cancellation by quoting lack of individual character and no substantial difference from previous models.

Maltese Citizenship & Taxation : An overview of Malta’s tax system when obtaining citizenship

12th June 2023 Taxation of Maltese Citizens based on Residence and Domicile. Malta Citizenship does not alone alter the tax treatment of persons acquiring Maltese Citizenship under the Citizenship by Investment Program. Maltese citizenship alone does not change the tax treatment of an individual or family acquiring citizenship unless they take up tax residence in Malta.

Malta as a Family Office Location: Why Set up a Family Office in Malta

12th June 2023 Since before the pandemic, Malta has been a favourite location attracting not only professionals in IT, aviation, financial services and shipping but also family principals and family offices to make this country their base. Malta is a jurisdiction that because of its climate and lifestyle appeals to families who would then establish a Malta family office as party of their migration plans.

Legal Issues with AI-Generated Content: Copyright and ChatGPT

12th June 2023 ChatGPT has taken a different level of presence in the technological world, with this AI system being used to generate all types of literary and artistic content. With the advent of more sophisticated AI systems and the depths in which these can function, the worlds of literary creators have been taken by storm.

Arm’s Length Principle in Transfer Pricing

9th May 2023 International production, trade and investment are increasingly organized within global value chains.

What is Transfer Pricing?

9th April 2023 The pricing of transactions between associated enterprises located in various states could potentially affect the amount of taxes collected by each state involved. To protect their tax bases, tax administrations around the world turn their attention to transfer pricing policies of multinational enterprises.

Transfer pricing in a nutshell 

The pricing of transactions between associated enterprises located in various states could potentially affect the amount of taxes collected by each state involved. To protect their tax bases, tax administrations around the world turn their attention to transfer pricing (“TP”) policies of multinational enterprises. Increasing amount of tax audits aims to verify whether the prices set in cross-border transactions between related entities (so called “transfer prices”) are set in line with the arm’s length principle. The arm’s length principle requires that transfer prices reflect the prices that would have been set between independent enterprises in comparable transactions and comparable circumstances.

Key Issues TP policies are subject to heavy scrutiny by tax authorities worldwide. Transfer prices must reflect the arm’s length principle. Malta introduced Transfer Pricing Regulations in November 2022.

What is transfer pricing? 

In simple terms, transfer pricing refers to the pricing of transactions between associated enterprises. For multinational enterprises (“MNEs”), transfer pricing is very important from a business and operational perspective. In the modern, globalized world MNEs do not operate in multiple jurisdictions as a single entity. Instead, they create complex corporate groups with numerous entities that are active in different countries. Transfer pricing allows MNEs to identify and properly remunerate value contributing factors of each member of the MNE group. It provides a reliable metric to determine the profitability and performance of each group entity and thus enables effective resource allocation.

How transfer prices affect profit allocation and taxes?  

At the same time, the allocation of profits and/or costs between MNE group entities operating in different jurisdictions has a significant bearing on the group’s income tax position in these jurisdictions. To illustrate that, let’s have a look at an example. The Manufacturer produces television sets in State A. The sets are sold to an associated distribution entity, the Distributor, in State B. The Distributor resells the products in State B to end customers. The Manufacturer sells the TV sets to the Distributor at a transfer price of €250,000 euro. After deducting the cost of goods and other expenses (€190,000 euro in total), the Manufacturer is left with a profit of €60,000 euro. This income is taxed at a rate of 30%, resulting in total tax liability in State A of €20,000 euro. Moving on to the Distributor, the transfer price for the TV sets (€250,000) becomes the cost of goods for the Distributor. We then aggregate them with other expenses (€70,000) and arrive at total expenses of €320,000. After deducting total expenses from the sales to end customers (€400,000), the Distributor is left with a profit of €80,000. This would then be taxed in State B at a rate of 20%, resulting in €20,000 euro in taxes. To sum up, in this example total profit of the MNE group on the transaction amounts to €140,000, and the total tax liability amounts to €40,000. Nonetheless, income taxes are a cost of running a business, and MNEs have a legitimate interest in reducing their total tax liabilities through legal means. This could potentially be achieved by allocating more of the total profits from the transaction to State B which has a lower income tax rate. To do that, the MNE would lower the transfer price between the Manufacturer and the Distributor. Let’s illustrate it with an amended example. It is evident that a simple change of the transfer price, with all other factors remaining the same, resulted in the reduction of the MNE’s total income tax liability on that transaction from €40,000 to €32,000. Moreover, the allocation of tax revenues between States A and B changed significantly. Following the change of the transfer price, State A will only be able to collect 50% of its previous tax revenues (i.e., €10,000 instead of €20,000).

The arm’s length principle 

The differences between the tax rates in various jurisdictions create an incentive for international business to allocate their profits in a tax efficient manner. This clearly conflicts with the interests of the states which want to increase their tax revenues. As a way of resolving these conflicts, many national and international laws adopted a consensus on calculating adequate transfer prices: the arm’s length principle. In particular, the arm’s length principle has been included in Articles 9 of the OECD and the UN Model Tax Treaties.   Under the arm’s length principle, a transfer price will be considered adequate, if it reflects the price that would have been set between independent enterprises in comparable transactions and comparable circumstances. If tax authorities deem that transfer prices do not reflect the arm’s length principle, they can impose additional tax on the companies involved, often with interest. Essentially, the arm’s length principle imposes an obligation to compare the conditions adopted in a transaction with an associated enterprise with the conditions that “would have” been adopted under “comparable circumstances” between two independent parties. We describe in more detail the process and factors governing such comparison in our separate article: The Arm’s Length Principle. To correctly calculate the arm’s length price for the transactions between associated enterprises, MNEs use transfer pricing methods. We provide more guidance on transfer pricing methods recognized by the UN and the OECD Transfer Pricing Guidelines in our article on Transfer Pricing Methods.

What this means for you? 

Transfer prices determine the allocation of profits between different states and impact the amount of income taxes that each of these states can collect. It is, therefore, no wonder that countries aiming to protect their tax bases are shifting their attention towards transfer pricing.  In recent years new transfer pricing regulations have been introduced in many countries. At the same time, the established transfer pricing regimes have grown in scope and complexity. Transfer pricing policies of MNEs are increasingly often subject to heavy scrutiny by tax authorities worldwide. In November 2022, Malta has introduced its first Transfer Pricing Regulations. Starting from year 2024, the Regulations impose transfer pricing documentation obligations on Maltese companies engaging in intra-group transactions. It is expected that Malta tax authorizes will ramp up their efforts in the field of transfer pricing. Taxpayers involved in transactions with related entities should make sure that their transfer prices conform with the arm’s length principle. Transfer prices should be calculated using an appropriate TP method and ideally supported by comprehensive TP documentation.

How we can help 

Our team of experienced advisors can help to identify, assess, and mitigate potential transfer pricing risks in your business and to develop a sustainable, tax efficient transfer pricing policy for the future. As a collaborating firm of Andersen, leading global Tax & Legal advisors, we offer the comfort of years of experience in this highly contentious area. Get in touch with us to learn how we can help you to manage your transfer pricing risks so that your business remains in compliance with Malta Transfer Pricing Regulations whilst retaining its operational effectiveness.

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