Malta: Malta Budget Measures Implementation Act 2018

International Tax Review is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Malta: Malta Budget Measures Implementation Act 2018

intl-updates

On March 29 2018, the Budget Measures Implementation Act (Act) was passed, whereby several of the 2018 budget proposed measures were implemented. At the core of the Act are various interesting fiscal measures and incentives for both businesses and households.

One of the more pertinent measures is an amendment to the definition of 'participating holding'. One of the conditions for qualifying as a participating holding was that a company must have held directly at least 10% of the equity shares of a company, this holding having conferred an entitlement to at least 10% of two out of (i) the right to vote; (ii) profits available for distribution; and (iii) assets available for distribution on a winding up. The thresholds have now been reduced to 5%. The thresholds are relevant for the purposes of qualifying for one of the limbs of the participation exemption, which is an exemption from income tax on income derived from a participating holding or gains derived from the transfer of such a holding, provided additional conditions are met. The Act has also widened the scope of entities in which a participating holding can be held by including European economic interest groupings and partnerships which did not elect to be treated as a company under a particular provision of the law.

Another noteworthy introduction is that as from basis year 2018, individuals that are ordinarily resident but not domiciled in Malta, who derive income of not less than €35,000 ($42,000) that is received outside of Malta and who do not avail themselves of any special tax programmes such as the global residence programme or the Malta retirement programme, will be subjected to a minimum tax of €5,000 per annum before taking into account any foreign tax relief. It may, however, be possible for the tax liability to be capped at a lower amount.

Moreover, the Act now clarifies that individuals who acquire permanent residence in terms of the Free Movement of European Nationals and their Family Members Order, or become long-term residents of Malta in terms of the status of long-term residents (third-country nationals) regulations are not able to claim the remittance basis of taxation.

A new income tax deduction has also been catered for with respect to intellectual property. The deduction must not exceed a percentage amount of qualifying income derived from qualifying intellectual property. The minister responsible for finance is yet to prescribe more detailed rules. Further developments are therefore expected in this area. The Act has also clarified that the income tax deduction relating to capital expenditure on intellectual property is to apply when the intellectual property is used and employed in the production of the relevant income and the expenditure must be spread equally over at least three consecutive years.

Galea-Salomone-Mark

cassar.jpg

Mark Galea

Salomone

Daniela

Cassar

Mark Galea Salomone (mark.galeasalomone@camilleripreziosi.com) and Daniela Cassar (daniela.cassar@camilleripreziosi.com)

Camilleri Preziosi

Tel: +356 21238989

Website: www.camilleripreziosi.com

more across site & bottom lb ros

More from across our site

It is understood that the US has vowed to oppose any outcome from talks taking place at the UN
It’s the second year in a row that RSM’s tax business has posted fee income growth above 10%
Recent guidance from the Indian tax authorities should provide confidence for investors, says Sanjay Sanghvi of Khaitan & Co
Grant Wardell-Johnson also suggests there could be solutions to the friction between the US and the OECD when it comes to pillar two
The president had so far avoided announcing tariffs on the US’s neighbours despite previous threats
The firm brought in three managing directors from EY and Deloitte in Europe; in other news, KPMG’s bid to practise law in US was delayed
One expert argues the ERS would be unlikely to improve taxpayers’ experience unless it comes with additional funding to hire more agents and staff
From pillar two and amount B to Apple’s headline EU Commission dispute, Martin Bonner and Yiwen Ping of Kreston Global argue that 2024’s key TP developments will inform 2025
Holland & Knight, Nelson Mullins and McCarter & English made the joint-most tax partner hires in the US last year, according to annual ITR Talent Tracker data
Despite a three-year-high in tax revenues generated from settling TP cases, HMRC reported a sharp fall in resolved MAP disputes
Gift this article