Corporate Tax Benefits
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A single-member company in Malta can be formed either via the route of incorporation or through acquiring all the company shares by one person. In order to qualify as a single member company, the entity must fulfill all the rules of a private exempt company. A private exempt company is a private limited company where the following clauses have been mentioned in the memorandum and articles of association:
1. The persons who are holding the debentures in a company should not be more than 50 in number;
2. Nobody corporate can be a holder or have any interest in any of the shares and debentures of the company and a director of the same company; and
3. Neither the company nor its directors can be a party to an arrangement where the company's policies are determined by persons other than the directors, members or debenture holders of the same company.
A partnership in Malta is a unique entity with its own separate legal personality distinct from its partners. Moreover, a Maltese partnership is capable of owning and holding property under its own name. Further, it can also sue or be sued under its own name.
There are 2 types of partnerships that exist under the Maltese, viz. General partnership (en nom collectif) and Limited Partnership (encommandite).
a) General partnership (en nom collect if): A General partnership is one whereby two or more persons come together to undertake any commercial activity to make and share profits amongst themselves.
A General partnership in Malta is created via a Partnership Deed, which sets out the name of the partners and the objects of the partnership's commercial activities.
Here, the liability of the partners is unlimited, and the partners can be held collectively and personally liable for the debts and obligations of the partnership. A General partnership in Malta exists until a partner's death, retirement and insolvency.
Every General partnership registered under Maltese law must have an office in Malta. With respect to taxation purposes, the partners declare their profit earned from the partnership in their personal tax returns, which are levied according to the applicable personal tax rate.
b) Limited Partnership (encommandite): A limited partnership in Malta needs to have at least 2 partners; at least one of them shall be a general partner with unlimited liability. If there is more than one general partner, they have joint and several liabilities. Limited Partnerships also need at least 1 limited partner who agrees to contribute a certain amount of capital to the partnership.
Again, a limited partnership has a separate legal personality distinct from its partners where the liability of the partners does not go beyond the amount contributed to the partnership or agreed to be contributed to the partnership but not yet paid.
The administration of the limited partnership lies in the hands of the general partner. On the other hand, the limited partner is not permitted to perform any managerial functions or transact business on behalf of the partnership unless a power of attorney has been issued to carry out specific acts.
Both the abovementioned partnerships need to register with the Malta Business Registry (MBR) by submitting their partnership deed. Thereafter, the MBR issues a Partnership Certificate. The partnership must register for the Value Added Tax (VAT) registration and obtain a PE number from the Department of Inland Revenue.
Malta's most famous form of business structure is a Limited Liability Company (LLC). Following are the two types of LLCs in Malta:
a) Public Limited Liability Companies
b) Private Limited Liability Companies
The difference between these two types lies in their capital structure and ability to raise funds and issue securities.
a) Public Limited Liability Companies: The Public Limited Liability Companies in Malta have the option of raising capital by offering securities in the form of debentures and shares to the general public. In order to raise capital from the public, these companies are required to get themselves registered and issue a prospectus for the same. The minimum Authorised share capital required to incorporate a Public LLC is forty-six thousand and five hundred and eighty-seven euros and forty-seven cents (46,587.47). This amount should be subscribed to by at least 2 persons.
Additionally, every Public LLC must have at least 25% of its share capital paid up, and at least 2 directors must be nominated at the time of incorporation of the company.
There is no limit on the maximum number of shareholders in a Public LLC.
b) Private Limited Liability Companies: A Private LLC in Malta, on the other hand, is not permitted to invite the public to subscribe to its shares and debentures. The minimum Authorised share capital required to incorporate a Private LLC is one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) . This amount should be subscribed to by at least 2 persons.
The liability of the shareholders of a Private LLC in Malta is restricted to the contribution made in the company. A maximum of 50 shareholders can be a part of a Private LLC. There is no restriction on the number of objects of business operations as long as they are legal and lawful.
A Private LLC must have at least 20% of its share capital paid up and is required to appoint at least 1 Director to manage the affairs of the company and 1 Company Secretary to manage the corporate and administrative functions of the company.
An overseas company is a corporate body that has been incorporated outside Malta. An overseas company wanting to establish and carry out economic activities in Malta has to register itself with the Registrar of Companies in Malta within one month of establishing a branch or place of business in Malta.
Personal Income Tax
Corporate Income Tax
Social Security Contributions
Property Transfer Tax
Enterslice is one of the leading management consultancy firms which offers end-to-end business set-up, financial, regulatory, taxation, legal, and advisory services to early-stage businesses, start-ups, entrepreneurs, and large corporate houses across the globe.
Our Malta Entry Strategy services involve the following services:
Our Malta Entry Strategy is classified into the following:
Business Structures available in Malta are Single Member Companies, Partnerships, Limited Liability Companies and Overseas Companies. Our business set-up services include advisory related to the type of business structure you should opt for to set up business in Malta. Our team will assist you in the business registration process, in opening a bank account for the business, and in post-registration compliance.
Our consultants formulate a strategic plan for establishing and operating the business depending on your business needs. We formulate a budget and develop cash flows for your business. We also review internal control processes and conduct business reviews. We provide advisory on issues related to the management of the business.
Our legal experts provide legal advice on business operations, finances, IP protection, etc. We also draft legal documents for your business and review and compile the required documentation. We also ensure that all legal and regulatory compliance are duly complied with.
Our experts provide bookkeeping services, assuring the proper maintenance of different accounting records. This involves keeping thorough and organized financial records, such as cash books, general ledgers, fixed asset registers, and accounts receivable and payable sub-ledgers. In addition to this, we also provide financial reporting, accounting guidance, and bookkeeping services. They aid in the production of accurate financial accounts, ensure conformity to accounting standards, and offer qualified advice on difficult accounting matters. The accounts and financial statements are prepared to reflect the true and fair view of the company’s operations. On behalf of our clients, we ensure that the accounting and audit requirements are fulfilled.
Our tax experts will assist you in effectively managing your tax obligations and identifying opportunities to lower tax expenses. We ensure that the tax return is timely filed. We provide advisory on direct as well as indirect taxes. As the globe becomes increasingly linked, businesses regularly engage in cross-border transactions with intricate tax ramifications. Our clients obtain thorough advice on international tax compliance, double taxation agreements, transfer pricing, and international tax planning by using our worldwide tax consultancy services. Our knowledge aids companies in overcoming the difficulties associated with international taxes and strengthening their worldwide tax position.
Our IP Experts assist in IP Compliance. We assist in getting IP registration by filling out applications for registration and compiling relevant documents. Our team of IP experts also advice on IP compliance and IP Protection. We also assist in enforcing IP rights against any infringement.
An Employer of Record (EOR) is an entity that legally employs workers on behalf of another business. An EOR is fully responsible for all aspects of employment, including compliance, payroll, taxes, and benefits. Our team can act as an EOR and help in onboarding employees for our clients with the best part being that you shall have control over the daily activities and responsibilities of the employees.
i. Restaurant business
ii. Open a shop in minimarket
iii. Virtual office
iv. Open a franchise
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Tech-enabled service delivery platform.
Dedicated foreign Investment desk.
50,000+ Network of Lawyers/Attorney’s/CA/CPA/CFA.
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A wide Network of Audit and Law firms in India.
Individual and Dedicated professionals on every assignment.
We register 100+ Companies every Month.
If you have any queries related to the Process, feel free to contact us. We will provide
you with immediate help.
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Haiden Group - UAE