Knowledge base · MT

Malta

An EU member state used for EU holding, trading, financial-services and fund vehicles; a 35% corporate tax with shareholder refunds or an optional 15% final tax, foundations and trusts under Maltese law, and a beneficial-ownership register open only to authorities, obliged entities and those with a legitimate interest.

Malta joins EU membership and about 75 tax treaties to a company law that offers, besides the private limited liability company, cell companies, investment companies with variable share capital and limited partnerships for funds. Its Civil Code provides foundations, and the Trusts and Trustees Act governs trusts. Groups use Maltese companies for EU holdings and for trading, iGaming, fintech, aviation and shipping businesses run from the island; families often hold such a company through a Maltese trust or foundation. Malta has no limited liability partnership.

Corporate tax is 35%, with full imputation: when profits are distributed, the shareholder can reclaim most of the tax the company paid — six-sevenths for trading income. Since 2025 a company may instead elect a final tax of 15% with no refunds, for at least five years; the election cannot produce less tax than the refund system would. The Budget for 2027, announced on 26 October 2026, proposes a 25% rate on retained or reinvested profits for companies with turnover up to €1 million, with distributed profits staying at 35%; the implementing rules are pending. Malta transposed the Pillar Two directive in 2024, deferred the income inclusion and undertaxed profits rules as the directive allows, and has no qualified domestic top-up tax.

The beneficial-ownership rules changed twice in two years. Since July 2025, access beyond authorities and obliged entities depends on a legitimate interest. Legal Notice 184 of 2026, in force on 10 July 2026, introduced Form BO4 and now asks for the owner’s place of birth and address and for the name and status of any nominee shareholder. Legal Notice 252 of 2026 applied the same EU transparency rules to express trusts in September 2026.

General information, not advice. Facts are stated as of the date on each page. Law, lists and rates change; the professional who acts for the entity confirms what applies to it. Chrysos performs no regulated act and gives no legal or tax advice.

Facts as of 30 October 2026

Beneficial ownership

Who is a beneficial owner: A natural person who ultimately owns or controls the company, directly or indirectly — 25% of the shares plus one share, more than 25% of the votes or of the ownership interest, or control by other means. If no one qualifies, the senior managing officials are recorded, with the steps taken. Since July 2026 companies must actively look for people who control them without holding shares.
Register: The Register of Beneficial Owners for companies and commercial partnerships, kept by the Registrar of Companies at the Malta Business Registry (MBR). Since 10 July 2026 the register of members counts as the record only when every shareholder is a natural person holding for themselves and no one else controls the company. Otherwise Form BO4 is filed, with each owner's place of birth and residential address.
Deadlines: A declaration at incorporation; changes within 14 days; a confirmation in each annual return, due within 42 days of its make-up date. Companies that existed before 10 July 2026 and need Form BO4 file it by 10 January 2027.
Who can see it: No general public access. Authorities have immediate, unfiltered access without the company being alerted. Banks and other obliged entities have access for customer due diligence, for a fee, and may not rely on the register alone. A person with a legitimate interest in preventing money laundering or terrorist financing may apply in writing and sees the owner's name, month and year of birth, country of residence, nationality and the nature and extent of the interest. Refusals can be appealed.
Trusts: Trustees declare the settlor, trustees, protector, beneficiaries or their class and any other controller to the register of the Malta Financial Services Authority (MFSA) within 14 days of appointment, report changes within 14 days and confirm by 31 January each year. Private, non-professional trustees are within the rules. Access is for authorities, obliged entities and those whose legitimate interest the MFSA verifies.
Foundations: Foundations and associations have their own beneficial-ownership register at the Registrar for Legal Persons within the MBR, open to those with a legitimate interest.
Nominees: Shares may be held for another only by a person authorised to act as trustee or fiduciary; the register of members shows them as held under trust. Since July 2026 the company's records and filings state the nominee's name and status. Providing directors by way of business is a company-service-provider activity registered with the MFSA.
Penalties: For companies, up to €5,000 plus €100 a day for failing to keep records, report a change or confirm, and up to €10,000 plus €500 a day for failing to file a declaration or Form BO4; the company, officers, shareholders and beneficial owners are jointly and severally liable. For trusts, administrative penalties of up to €150,000; knowingly or recklessly false information can bring a fine of up to €466,000, imprisonment of up to four years, or both.

Lists and exchange of information

EU tax list: Not applicable to a member state. Malta applies the list in its participation exemption, which does not cover a holding in an entity resident in an Annex I jurisdiction unless sufficient substance is proved.
FATF and MONEYVAL: Not on the FATF grey or black list (June 2026 plenary). Malta was under increased monitoring from June 2021 and was removed in June 2022 after completing its action plan. Evaluated by MONEYVAL, the Council of Europe's body.
Exchange of information: Common Reporting Standard since 2017 as an early adopter; a Model 1 FATCA agreement with the United States, in force since June 2014.
Tax treaties: About 75 double tax treaties, and the EU directives that apply between member states.

7 forms

Legal entities

Company · Ltd

Private limited liability company

Law: Companies Act, Cap. 386

The standard vehicle for owner-held structures. A separate legal person whose shareholders are liable only for unpaid share capital. A single-member company is allowed where the company is exempt and has a specified main activity.

Members and officers: At least two subscribers, or one in a single-member company; up to fifty members. At least one director, corporate directors allowed except in an exempt company; a company secretary; a registered office in Malta. No residence requirement for directors.
Share capital: Minimum €1,164.69 authorised and subscribed, with at least 20% of each share paid up on signing the memorandum. Capital may be in any currency.
Public register shows: Memorandum and articles, directors, company secretary, registered office, share capital, and the shareholders with their holdings. Filed financial statements. Beneficial-ownership data is not public.
Accounts and audit: Accounts laid before the general meeting within ten months of the year-end and delivered to the MBR; an annual return within 42 days of its make-up date. Audited; since 2025 a private company within two of three limits — balance sheet €46,600, turnover €93,000, two employees — is exempt.
Tax: 35% corporate tax with full imputation. On a distribution the shareholder can claim a refund — six-sevenths of the tax on trading income, leaving about 5% net, or five-sevenths on passive interest and royalties. Since 2025 a company may instead elect a final 15% tax with no refunds, for at least five years. No withholding tax on dividends.

How owners use it

Trading and services company with operations in Malta, such as iGaming, fintech, aviation leasing or shipping
EU holding company, using the participation exemption on dividends and gains and about 75 treaties
Group finance company, or IP company with activity under the patent box
Family holding company, often owned through a Maltese trust or foundation
General partner or manager in a fund structure

What comes with it

A company incorporated in Malta is resident there, but treaty access, the participation exemption and banks look for an experienced resident director, board meetings in Malta, and premises and staff that fit the activity
Refund claims must disclose every direct and indirect beneficial owner of the claimant
A company with a corporate, trustee or nominee shareholder, or with a controller who holds no shares, files Form BO4; existing companies by 10 January 2027
Banks expect the beneficial-ownership extract, audited accounts, a Malta tax residence certificate and the owners' source of wealth

Company · p.l.c.

Public limited liability company

Law: Companies Act, Cap. 386; Capital Markets Rules for listed issuers

A company that may offer its shares or bonds to the public. Used as an issuer on the Malta Stock Exchange, for regulated financial-services companies and for investment companies with fixed share capital.

Members and officers: At least two subscribers, at least two directors and a company secretary.
Share capital: Minimum €46,587.47 authorised and subscribed, with at least 25% paid up on signing the memorandum.
Accounts and audit: Accounts laid within seven months of the year-end. Full audit; the small-company exemption does not apply.
Tax: As for a private company.

How owners use it

Bond or equity issuer on the Malta Stock Exchange
Regulated financial-services company
Investment company with fixed share capital (INVCO)

What comes with it

Once listed, the MFSA's Capital Markets Rules apply on top of company law, and banks ask for the licences or listing documents

Partnership · En nom collectif · en commandite

General and limited partnership

Law: Companies Act, Cap. 386; Tenth Schedule for limited partnerships with prescribed purposes

Commercial partnerships with legal personality distinct from their partners. Partners en nom collectif are liable without limit, jointly and severally, after the partnership itself. In an en commandite partnership the limited partners are liable up to their contribution.

Partners: At least two; an en commandite or Tenth Schedule partnership needs at least one general and one limited partner. Registered with the MBR. The capital of an en commandite partnership may be divided into shares.
Public register shows: The partnership deed, the partners and the registered office.
Beneficial ownership: Covered by the same beneficial-ownership register and rules as companies.
Tax: Transparent by default; the partners are taxed and the partnership files a return. A partnership may elect company treatment, and an en commandite partnership with capital divided into shares is taxed as a company.

How owners use it

Fund vehicle — a limited partnership with a Maltese general partner
Family and professional partnerships
Joint ventures

What comes with it

Banks ask for the partnership deed and KYC on the general partners and on any limited partner who controls the partnership
The tax result depends on whether the partnership stays transparent or has elected company treatment

Trust

Maltese trust

Law: Trusts and Trustees Act, Cap. 331; S.L. 331.10 on beneficial owners

A trust governed by Maltese law. The trust property is a segregated fund in the trustee's hands; the trust has no legal personality.

Trustees: Trustees acting by way of business are authorised by the MFSA. A protector is optional. Private, non-professional trustees are within the beneficial-ownership rules since 2025.
Register: Beneficial owners are declared to the MFSA within 14 days of the trustee's appointment, changes within 14 days, and an annual confirmation by 31 January. Nothing is public.
Access: Authorities have direct access and obliged entities access for due diligence. Journalists, civil society and prospective counterparties receive limited data once the MFSA verifies a legitimate interest, without the trust being alerted.

How owners use it

Holding family company shares for succession
Fiduciary holding of shares in a Maltese company, shown in the register of members as held under trust
Employee benefit and charitable trusts

What comes with it

The settlor, trustees, protector and beneficiaries are all declared as beneficial owners, whatever their share
Banks ask for the trust deed, the trustee's MFSA authorisation, KYC on settlor, protector and beneficiaries, and the source of the settlor's wealth

Foundation · Private foundation · purpose foundation

Foundation

Law: Civil Code, Cap. 16, Second Schedule

A legal person once registered, liable only to the extent of its own assets. A beneficiary (private) foundation holds assets for its beneficiaries; a purpose foundation serves a stated purpose.

Formation: By public deed before a Maltese notary, or by will, and registration with the Registrar for Legal Persons at the MBR, with a beneficial-owner declaration signed by two administrators.
Administrators: Administrators acting by way of business are authorised by the MFSA. A Malta-resident local representative is needed when all administrators are non-resident.
Endowment: Minimum €1,164.69 for a private foundation and €232.94 for a public-benefit or social-purpose foundation, in cash or property.
Public register shows: Name, registration, purpose as filed, administrators and local representative. Beneficiaries and beneficial-ownership data are not public.

How owners use it

Family wealth holding and succession, for families who prefer a legal person to a trust
Philanthropic purpose foundation
Orphan holding entity in securitisation or aircraft-leasing structures

What comes with it

The foundation needs real administration by its authorised administrators
Banks ask for the foundation deed, the beneficiary rules, the administrators' authorisation, the beneficial-owner declaration and the founder's source of wealth

Fund · SICAV

Investment company with variable share capital

Law: Investment Services Act, Cap. 370; Companies Act, Cap. 386 and its regulations on investment companies; MFSA rulebooks

A company with separate legal personality whose capital rises and falls with subscriptions and redemptions. A multi-fund SICAV may create segregated sub-funds, or be set up as an incorporated cell company.

Oversight: A board and company secretary, with MFSA-regulated service providers — manager, custodian or depositary, and auditor. Audited annual reports.
Fund regimes: UCITS, licensed alternative investment funds, notified AIFs managed by a full-scope manager, and Professional Investor Funds, including notified ones.
Notified PIF: A notification-based framework since December 2023, extended to single family offices in November 2024 and to self-managed structures and limited partnerships without legal personality in February 2025.
Public register shows: MBR filings, and the MFSA's public register of licensed and notified schemes.

How owners use it

Family-office pooling vehicle, as a notified PIF for a single family office
Private equity and real estate funds
Segregated multi-strategy platforms

What comes with it

Management by licensed managers with local administration; banks ask for the MFSA licence or notification, the offering document, the manager's licence and investor KYC

Cell company · PCC · ICC · RICC

Cell companies

Law: Companies Act, Cap. 386, article 84A, and regulations for insurance, fund and securitisation cell companies

Companies divided into cells. In a protected cell company each cell's assets and liabilities are segregated by law within one legal person; in an incorporated cell company each cell is a company with its own legal personality.

Sectors: Insurance protected and incorporated cell companies, fund incorporated cell companies and recognised incorporated cell companies (RICC), and securitisation cell companies.
Oversight: MFSA licensing for the insurance, fund or securitisation activity; audited accounts.
Tax: As for a company or a fund, according to the activity.

How owners use it

Captive insurance, or a rented cell for a group
Multi-fund platforms
Securitisation of receivables

What comes with it

Banks ask for the MFSA licence, the cell agreement, evidence of segregation and KYC on each cell's owner

Sources

Facts as of 30 October 2026

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