Malta: Tax treatment of securitisation vehicles

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: Tax treatment of securitisation vehicles

vella.jpg

cassar.jpg

Donald Vella


Kirsten Cassar

Securitisation is an essential means of raising finance and Malta's flexible framework creates scope for a wide range of transactions. Maltese law provides for a number of securitisation structures, all of which may benefit from the applicable fiscal treatment. It is pertinent to note however that recently the Maltese legislator has clarified that the regime applicable to Maltese securitisation vehicles has, in some aspects, limited application to reinsurance special purpose vehicles established in Malta, to which specific regulations apply. The flexibility of the securitisation regime finds its ground in the extensive range of assets which may be securitised through a Maltese vehicle. Any asset may be securitised, whether existing or future, movable or immovable, tangible or intangible, and where the context so allows, risks. This implies that both traditional assets, such as trade receivables, mortgage loans, life insurance policies, tangible and intangible assets as well as risks relating to obligations or liabilities assumed by third parties may be the subject of a securitisation transaction.

Taxation of the securitisation vehicle

The tax position of securitisation vehicles in Malta is generally neutral. Special purpose vehicles established in Malta are taxable in Malta under the normal income tax rules at the standard corporate income tax rate of 35%. However, substantial deductions are available.

Specifically enacted tax regulations clarify that the following deductions may always be availed of by a securitisation vehicle:

  • Cost of acquisition: Expenses payable to the originator for the acquisition of securitisation assets or the assumption of risk;

  • Finance expenses: Premiums, interest or discounts relating to financial instruments issued, or funds borrowed, to finance the acquisition of securitisation assets or the assumption of risks;

  • Operating expenses: Costs incurred in the day-to-day administration of the securitisation vehicle and the management of the securitisation assets, including the collection of any relevant claims.

After the aforementioned deductions are taken, the securitisation vehicle may opt to claim a further deduction on its remaining taxable income, thereby typically ensuring no taxation at the level of the securitisation vehicle. The deductions, including the further deduction, constitute deemed income for the originator. However, no tax is payable in Malta on such deemed income where the originator is not resident in Malta for tax purposes.

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

Camilleri Preziosi

Tel: +356 21238989

Website: www.camilleripreziosi.com

more across site & shared bottom lb ros

More from across our site

Tax teams that centralise and automate their pillar two data will have a much easier time during reporting season, says Hank Moonen, CEO of TaxModel
While GCCs drive efficiency for multinationals, they also present a host of TP risks that should be considered carefully
PwC Ireland has also called for simplifying Ireland’s tax code and a reduction in its capital gains tax in a pre-budget submission
Effective audit management requires more than documentation; it’s the way taxpayers engage that can shape audit direction, manage procedural ambiguity, and preserve options for appeal or litigation
American advisers are falling short of client expectations when it comes to providing value-added services, but remaining tight-lipped won’t make the problem go away
Awards
The Social Impact Awards unveil new categories to reflect a changing legal and social landscape
Australia's approach to tax policy has undergone significant shifts in recent years, reflecting global trends and unique domestic considerations. These developments merit close attention from tax professionals
The UK has temporarily dodged the 50% rate due to a trade deal signed with the US in May; in other news, Ryan acquired a Northern Irish tax firm
Following a $28 million funding round, Aibidia wants to ‘double down’ on the US market via partnerships with the ‘big four’, the Finnish TP tech provider’s CEO tells ITR
The Luxembourg-based TP leader tells ITR about relishing the intellectual challenge of his practice, his admiration for Stephen Hawking, and what makes tax cool
Gift this article