Malta: Malta clarifies taxation of fees paid to non-resident investment committee members

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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

Malta: Malta clarifies taxation of fees paid to non-resident investment committee members

vella.jpg

cassar.jpg

Donald Vella


Kirsten Cassar

In a recent release, Malta's Institute of Financial Services Practitioners (IFSP) sets out its understanding of the tax treatment of remuneration derived by non-Maltese resident members of an investment committee of a Maltese licensed collective investment scheme. The release is based on discussions with Malta's Inland Revenue Department (IRD). The clarification is particularly welcome in light of the growth in the Maltese fund industry in recent years. Maltese law provides for various types of retail and non-retail funds, all of which must be licensed by the Malta Financial Services Authority (MFSA) and must comply with ongoing regulation and supervision requirements based on the category of investors the fund is targeting. In terms of the relevant rules issued by the MFSA, a self-managed fund must establish an in-house investment committee in lieu of an investment fund manager. Furthermore, the majority of the investment committee's meetings must be physically held in Malta.

In this context, the IFSP together with the IRD have clarified that non-resident investment committee members of Maltese funds are subject to tax on the portion of remuneration they receive that is attributable to management services that are physically performed in Malta.

Non-residents are generally taxable in Malta on Malta-source income and gains. In principle, director's fees are considered to be Malta-source income if the company is resident in Malta. Other fees for services rendered are typically considered to have a Malta source if the services are physically performed in Malta.

IFSP and the Maltese tax authorities have therefore clarified that remuneration for the provision of advice as an investment committee member should be regarded as consideration (payment) for services rendered. Consequently, non-resident investment committee members should be taxable in Malta on the portion of the remuneration they receive that is attributable to the services that are physically performed in Malta.

Because of the complexity of making that determination, the tax authorities have determined that the portion of the remuneration that should be attributable to the portion of the services that are physically performed in Malta is to be computed on an annual basis as the higher of:

  • a pro-rata amount of the total remuneration received, determined on a per diem basis based on the actual number of days of physical presence in Malta; and

  • one-twelfth of the investment committee member's compensation.

However, this treatment may be limited by the provisions of an applicable tax treaty. If a treaty is in force between Malta and the country of residence of the non-resident investment committee member, the treaty may allocate taxing rights to the country of residence, in which case Malta would have no jurisdiction to tax the remuneration received. Malta has about 70 tax treaties in force.

Donald Vella (donald.vella@camilleripreziosi.com) and Kirsten Cassar (kirsten.cassar@camilleripreziosi.com)

Camilleri Preziosi

Tel: +356 2123 8989

Website: www.camilleripreziosi.com

more across site & bottom lb ros

More from across our site

ITR’s most interesting stories of the year covered ‘landmark’ legal battles, pillar two, AI’s relationship with transfer pricing and more
Chinwe Odimba-Chapman was announced as Michael Bates’ successor; in other news, a report has found a high level of BEPS compliance among OECD jurisdictions
The tool, which will automatically compute amount B returns, requires “only minimal data inputs”, according to the OECD
The rules are intended to implement the substance of an earlier OECD report in its entirety
While new technology won’t replace the human touch, it could help relieve companies’ staffing issues, EY’s David Helmer and Daren Campbell tell ITR
The firm said the financial growth came from increased demand for its AI services and global tax reform advice
Chrystia Freeland had also been the figurehead of Canada’s controversial digital services tax adoption, which stoked economic tensions with the US
Panama has no official position on pillar two so far and a move to implement in Costa Rica will face rejection, experts tell ITR
The KPMG partner tells ITR about Sri Lanka’s complex and evolving tax landscape, setting legal precedents through client work, and his vision for the future of tax
Overall turnover at the firm also reached a record £8 billion; in other news, Ashurst and Dentons announced senior tax partner hires
Gift this article