A new alternative to malta’s imputation system
Under the traditional Maltese system, companies are taxed at 35%, but shareholders may be entitled to partial tax refunds that reduce the overall effective tax burden. The new 15% regime operates very differently. Once an entity elects into the system, its chargeable income is taxed at a flat 15%, and this tax is final. Shareholders or beneficiaries cannot claim refunds, credits or offsets on profits taxed under this regime, and dividends distributed from such profits carry no imputation credit.
This approach simplifies corporate taxation, eliminates refund mechanics, and may appeal to structures where shareholders cannot benefit from Malta’s refund system or where administrative simplicity is a priority.
Who can elect the 15% regime?
The option is open to:
- Maltese companies and partnerships treated as companies
- Trusts that elect corporate tax treatment
- Certain other bodies of persons within the scope of Maltese tax law
Income in scope and key exclusions
The 15% rate applies to an entity’s chargeable income, calculated under normal Maltese tax rules. However, certain categories of income are specifically excluded, such as:
- Dividends deriving from profits that were not previously subject to a final tax in Malta
- Income that is already subject to another form of final withholding tax
- Other items designated by the regulations to prevent the duplication of beneficial tax treatment
Safeguards and minimum tax outcomes
To ensure tax neutrality and prevent entities from reducing their overall Maltese tax burden, the regulations include a “higher-of” rule. This means that the total tax payable under the 15% regime cannot be lower than the tax that would have been paid under the traditional 35% system (taking into account any applicable shareholder refunds). In practice, the new regime provides an alternative method of calculation rather than a route to reduce existing liabilities.
Practical implications for international structures
The introduction of a 15% fully self-contained tax regime may be attractive for:
Holding companies
Groups whose shareholders cannot access Malta’s refund system—such as certain trusts, foundations or investors in jurisdictions where refunds produce no benefit—may find the 15% final rate advantageous. It eliminates the need for multi-tier structures created solely to support refund claims.
Trusts and family structures
Trusts electing corporate treatment can opt for straightforward, predictable taxation. Distributions to beneficiaries are treated as simple income receipts without Maltese tax credits, which may simplify reporting in the beneficiary’s home jurisdiction.
Investment and trading entities
Businesses seeking administrative simplicity or wishing to avoid the compliance footprint associated with refunds may prefer the 15% regime. The option may also align well with evolving global minimum tax standards under the OECD Pillar Two framework for groups seeking a clear 15% effective rate in Malta.
Points to consider before electing
Entities must evaluate:
- Expected future distributions and whether refunds are beneficial
- Whether shareholders benefit from tax credits in their home countries
- The impact of the five-year lock-in period
- The treatment of excluded income streams
- Interaction with group tax planning and any global minimum tax considerations
To determine whether the new 15% final tax regime is suitable for your Maltese company, trust or international holding structure, we recommend seeking tailored advice from our specialists at Rosemont Malta.
For more information, please contact office@rosemont.com.mt
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