Malta: Malta Budget Measures Implementation Act 2018

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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 & shared bottom lb ros

More from across our site

As pillar two reshapes global tax competition, the UK faces a crucial challenge: how to remain attractive to multinationals without sacrificing tax revenues
Pillar two may be raising less than expected, but professor René Matteotti says the regime is still changing multinational tax behaviour
Multinationals importing goods into Brazil may need to align TP files and customs documentation more closely as authorities gain new tools to challenge related-party transactions
The private equity-backed deal hands Grant Thornton immediate and impressive US scale, but World Tax data suggests the firm still has work to do to gain recognition
From Instagram content to £100m transactions, the founder of Thomas & Co International discusses building a modern tax and accounting firm for business founders
Growing GAAR scrutiny is driving taxpayers to look beyond legal form and demonstrate the commercial rationale underpinning tax-efficient structures
Pillar two has been clients’ ‘biggest headache’ but also a driver of growth for MHA, which believes it has the edge over its big four rivals
Public country-by-country reporting is exposing multinational tax data to investors, journalists and competitors, creating fresh risks for businesses
Pillar two compliance is creating unprecedented data demands for multinational tax departments, making closer collaboration with FP&A teams essential for accurate reporting and audit readiness
Among the arrivals is Andrew Howell, who leaves scandal-hit PwC Australia after representing PepsiCo in a high-profile TP dispute
Gift this article