Malta boasts of an attractive trusts regime with efficient taxation rates for both personal as well as business needs. Being a full European Union Member State, Malta offers a regulated environment with flexible legislation and reliable service providers.
Although Malta is traditionally a civil law jurisdiction, it has the rare privilege of being one which has adopted trusts in its legislation and allows for the creation of domestic trusts and recognition of foreign law trusts. Trusts are very flexible and efficient vehicles for asset protection and management but are also equally adaptable to trade and commerce.
Legal Basis For Malta Trusts
Today Malta’s trust and estate laws allows for the beneficial yet secure protection of a person’s wealth and property through the use of trusts. The setting up of trusts in Malta is regulated by the Trusts and Trustees Act. The Act also provides for the appointment of the Malta Financial Services Authority (MFSA) as the authority in charge of the authorisation and supervision of trustees. Malta also acknowledges trusts set up under the laws of other jurisdictions and the Act also incorporates the provisions of the Hague Convention on the Law Applicable to Trust and their Recognition.
Benefits Of A Malta Trust
Easy Set up in 3 days
Regulated, authorized trustees
Recognition of trusts set up under foreign laws
Certainty & Security; Malta’s own domestic trust law
Planning for Generations; Efficient distribution of assets
Taxation Of Malta Trusts
In terms of Maltese tax law, a trust is brought within the Malta tax net and all income attributable to a trust is taxed in Malta where at least one of the trustees is a Malta tax resident. The income attributable to a trust comprises all income or gains chargeable to tax under Maltese law derived by the trustees from property which has been settled in trust or property acquired in the course of the administration of the trust throughout such trust’s lifetime.
Tax Transparent Trusts
Income arising outside Malta Settling licensing fee
Trust beneficiaries are non-Maltese residents
Trust beneficiaries with tax exempt income under Maltese law
Trusts treated as tax transparent
Trust Formation Timeline
1 Working Day For Due Diligence Process
Collecting due diligence documentation
2 Working Days Preparation Time
Trust creation & draft trust deed
Meeting for signature or signature in counterparts
Signing of Trust Deed & Settlement
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