Malta Company Formation

Malta is a popular jurisdiction for company formation, especially for non-residents. It offers a stable economy, favorable tax regime, and strategic location within the EU. This makes it an attractive option for businesses seeking a cost-effective and reputable base for international operations.

  • Time of Malta company formation takes 5 DAYS.
  • Personal presence is not required.
  • Popular company type:
    • Private Limited Liability Company.

Malta Company Formation. Malta LLC Main Characteristics and the basic rules of Company registration in Malta

Your Gateway to European Business

Malta, a sun-drenched island nation in the heart of the Mediterranean, has emerged as a highly regarded and prestige offshore jurisdiction for company formation. Its strategic location, stable political environment, EU membership, and attractive tax regime make it a compelling choice for entrepreneurs and businesses looking to expand their reach and optimize their operations. This guide provides a comprehensive overview of Malta company formation, focusing on the benefits and considerations for non-residents.

Forming a Company in Malta: A Step-by-Step Guide

The process of Malta company formation is generally straightforward and efficient. Here’s a simplified overview:

1. Choose a Company Name: Your proposed company name must be unique and approved by the Malta Business Registry (MBR).
2. Appoint Directors and Shareholders: You’ll need to appoint at least one director and one shareholder. These can be individuals or corporate entities.
3. Determine the Registered Office: A registered office address in Malta is required.
4. Prepare the Memorandum and Articles of Association: This document outlines the company’s purpose, structure, and rules.
5. Deposit Share Capital: A minimum share capital is required, a portion of which must be paid up.
6. Register with the Malta Business Registry (MBR): Submit all required documents and pay the registration fees.
7. Obtain a Tax Identification Number (TIN): Essential for tax compliance.
8. Open a Bank Account: A Maltese bank account is necessary for conducting business.

Types of Companies Suitable for Non-Residents

Several company types are available in Malta, but the most common for non-residents are:

  • Private Limited Liability Company (Ltd): This is the most popular choice, offering limited liability to its shareholders.
  • Holding Company: Used to hold shares in other companies, often for tax optimization purposes.
Advantages of Malta Company Formation for Non-Residents
  • EU Membership: Provides access to the European Union’s single market.
  • Favorable Tax Regime: Malta offers a full imputation tax system, which can result in effective tax rates as low as 5% for trading companies.
  • Strategic Location: Ideal for businesses operating in Europe, Africa, and the Middle East.
  • Stable Political and Economic Environment: Malta boasts a robust and well-regulated financial system.
  • Skilled Workforce: A highly educated and multilingual workforce is available.
  • Double Taxation Agreements: Malta has double taxation agreements with numerous countries, minimizing tax burdens.
  • Reputable Jurisdiction: Malta is a respected and compliant jurisdiction, enhancing your company’s credibility.
Disadvantages of Malta Company Formation for Non-Residents
  • Compliance Requirements: Maintaining a Maltese company requires ongoing compliance with local laws and regulations.
  • Substance Requirements: Increasingly, substance requirements are being enforced to ensure genuine economic activity in Malta. This may involve having a physical office and employees in Malta.
  • Initial Setup Costs: While competitive, setting up a company in Malta involves costs such as registration fees, legal fees, and accounting fees.
  • Language Barrier: While English is widely spoken, some official documents are in Maltese.
What is Required for Company Registration?

Generally, you’ll need the following:

  • Certified copies of passports for directors and shareholders.
  • Proof of residential address for directors and shareholders.
  • Bank reference letters for directors and shareholders.
  • A detailed business plan.
  • Information about the source of funds for the share capital.
  • Due diligence documentation as required by Maltese law.
Procedure for Malta Company Formation

The Malta company formation procedure typically involves these steps:

1. Initial Consultation: Discuss your business needs and objectives with our professionals to determine the most suitable company structure.
2. Name Reservation: We will assist you in reserving your desired company name with the MBR.
3. Document Preparation: Our team will prepare all necessary documents, including the Memorandum and Articles of Association, ensuring compliance with Maltese law.
4. Share Capital Deposit: We will guide you through the process of depositing the required share capital.
5. Registration with the MBR: We will handle the submission of all documents to the MBR and manage the registration process on your behalf.
6. Tax Registration: We will assist you in obtaining a Tax Identification Number (TIN) and registering for VAT, if applicable.
7. Bank Account Opening: We can facilitate the opening of a corporate bank account with a reputable Maltese bank.
8. Ongoing Compliance: We offer ongoing compliance services to ensure your company remains in good standing with Maltese authorities.

Timeframe for Malta Company Formation

The Malta company formation process typically takes between 1 to 3 weeks, depending on the complexity of the structure and the responsiveness of the authorities. We strive to expedite the process and keep you informed every step of the way.

How We May Help You with Our Professionals

Navigating the complexities of Malta company formation can be challenging, especially for non-residents. Our team of experienced professionals provides comprehensive support throughout the entire process, including:

  • Expert Consultation: We offer personalized advice tailored to your specific business needs and objectives.
  • Company Structuring: We help you choose the most appropriate company structure to maximize tax efficiency and minimize risk.
  • Document Preparation: We prepare all necessary documents accurately and efficiently, ensuring compliance with Maltese law.
  • Registration Assistance: We manage the entire registration process with the MBR, saving you time and effort.
  • Tax Planning: We provide expert tax planning advice to optimize your tax liabilities.
  • Bank Account Opening: We facilitate the opening of a corporate bank account with a reputable Maltese bank.
  • Ongoing Compliance: We offer ongoing compliance services, including accounting, tax filing, and legal support, to ensure your company remains in good standing.
  • Virtual Office Services: We can provide a registered office address and other virtual office services to meet substance requirements.
  • Nominee Services: We can provide nominee directors and shareholders to maintain confidentiality, if required and legally permissible.

By partnering with us, you can benefit from our expertise and experience in Malta company formation, ensuring a smooth and efficient process. We are committed to providing you with the highest level of service and support, helping you achieve your business goals in Malta. Contact us today to discuss your requirements and learn how we can help you establish your presence in this thriving European jurisdiction. We are your trusted partner for Malta company formation

FAQ on Tax Rates in Malta

1. What is the corporation tax rate in Malta?

The standard corporation tax rate in Malta is 35%. However, there are incentives and tax refunds available for companies, potentially reducing the effective tax rate significantly for certain businesses. For instance, shareholders can often receive refunds of up to 6/7 of the tax paid on dividends.

2. How is income tax structured for residents in Malta?

Income tax for Maltese residents is progressive, with rates ranging from 0% to 35%. For the tax year 2023, the income brackets for single taxpayers start at €0 and go up to €60,000, with specific rates applied at each level.

3. Are non-residents taxed on their income in Malta?

Yes, non-residents in Malta are taxed only on income generated within the country. The income tax rates for non-residents align with those for residents, ranging from 0% to 35% depending on the amount of income earned in Malta.

4. What is the VAT rate in Malta?

The standard VAT rate in Malta is currently set at 18%. There are reduced rates of 5% and 7% applicable to specific goods and services, such as hotel accommodation and certain medical supplies.

5. Are there tax treaties that can affect my tax liabilities in Malta?

Malta has entered into numerous double taxation treaties (DTTs) with over 70 countries to prevent double taxation of income. These treaties often allow for reduced withholding tax rates on dividends, interest, and royalties, benefiting investors and businesses engaged in international transactions.

FAQ on Malta Company Formation for Non-Residents

1. What are the benefits of forming a company in Malta as a non-resident?
Malta offers several advantages including a favorable corporate tax rate of 35%, which can be reduced effectively to 5% for foreign companies through a refund system. Additionally, Malta has a robust legal framework, access to EU markets, and an English-speaking workforce, making it attractive for international business.

2. What types of companies can be formed in Malta by non-residents?
Non-residents can establish various company types, including Private Limited Liability Companies (Ltd) and Public Limited Companies (plc). The most common choice is the Ltd, which requires a minimum share capital of €1,165, with at least 20% paid up on formation.

3. What are the requirements for non-residents to register a company in Malta?
Non-residents must provide a valid passport, proof of address, and details regarding the business structure. They are also required to appoint at least one director and one shareholder, who can be the same person. It is advisable to engage a local registered agent for the incorporation process.

4. How long does it take to form a company in Malta?
Typically, the company registration process takes between 2 to 5 business days, provided all necessary documentation is submitted correctly. The timeline may vary based on the complexity of the company structure and the efficiency of service providers.

5. Are there ongoing compliance requirements for Malta companies?
Yes, Malta companies must adhere to ongoing compliance such as annual financial statements, tax declarations, and maintaining a registered office in Malta. Companies must also hold annual general meetings and file necessary returns with the Malta Financial Services Authority (MFSA).

This FAQ aims to clarify the essential aspects of Malta company formation for non-residents, assisting potential entrepreneurs in making informed decisions.

This publication is provided for information purposes only. This info should not be treated as a substitute for a tax or legal consultation or legislation. You should not act on the basis of the information contained in this publication without having obtained individual advice from the professional expert.

BRIS GROUP does not assume responsibility for any damage resulting from decisions made by the reader on the basis of this publication.

About Malta

Capital: Valletta

Region: An archipelago in the central Mediterranean between Sicily and the North African coast.

Language: English

Currency: Euro (EUR)

Time Zone: GMT+1

Dial Code: +356

Abbreviations: MT

Helping Your Company Thrive in Malta With us, starting and running a business in Malta will be easy and efficient!

  • Full support of the company’s registration in Malta: from the preparation of documents to their submission.
  • Remote registration: all processes are online, wherever you are.
  • Secretary and Treasurer: we can take on these important roles.
  • Nominal directors and shareholders: we will ensure the confidentiality of your information.
  • Help in opening a bank account: we will simplify this complex process.
  • Registration for taxes, VAT and EORI: ensure all requirements are met.
  • Website development: we will create a professional online representation for your business.
  • Logo creation: we will design a unique and memorable logo for your brand.
  • Full administrative support of the company: we will take over routine tasks.
  • Mailing address organization: we provide a reliable mailing address for your business.
  • Organization of the virtual office: we will ensure the professional image of your company.
  • Telephone answering service: we will answer calls on behalf of your company.
  • Accounting, audit and reporting: ensure accurate and timely accounting.
  • Preparing and filing a VAT declaration: let’s save you the trouble.
  • Interaction with local authorities: take over communication with state institutions.
  • Trademark registration: protect your brand.
  • More Emphasis on Customer Input.

Our team of consultants are here to take you through the process.