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#64
GrumpyMess said:
I don't think it's that easy to pay 5k tax and receive any amount tax free. I would be happy to be wrong.
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That is my opinion about it, if you have a structure that proves that your offshore company is not operated from Malta and that it has no commercial link with Malta and that it does not remit its dividends in Maltese territory, it's that easy to pay only 5k on a personal basis, whatever your foreign income/dividends is. And all legally.

That is the great advantage of Malta's tax system. Maybe that changes later, but at the moment this is the case in 2019 and confirmed by lawyers recognized in Malta.

To deceive that his company operates outside Malta, when it is not, is another debate. The best is that you can do is contact specialists to have the proper structure and what to do or not to ensure that your company is not considered operating in Malta.
 
#65
Elve said:
That is my opinion about it, if you have a structure that proves that your offshore company is not operated from Malta and that it has no commercial link with Malta and that it does not remit its dividends in Maltese territory, it's that easy to pay only 5k on a personal basis, whatever your foreign income/dividends is. And all legally.

That is the great advantage of Malta's tax system. Maybe that changes later, but at the moment this is the case in 2019 and confirmed by lawyers recognized in Malta.

To deceive that his company operates outside Malta, when it is not, is another debate. The best is that you can do is contact specialists to have the proper structure and what to do or not to ensure that your company is not considered operating in Malta.
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Again anyone deceived malta government!!

The maltese law say

A company which is resident in Malta by virtue of its management and control effectively being exercised in Malta, but is not domiciled i.e. not incorporated in Malta, is charged to tax in Malta only:



  • on income arising in Malta and

  • on income arising outside Malta, but received in Malta.
What is not clear on the words above???
 
#66
@Elve
My situation is all under the sun light! I’m director of uk ltd company, i’m resident in Malta as non dom so remittance basis system for company and me is applied... i’ve no customers in Malta that ‘s all.... so you are telling that chetcuti cauchi are lying ?
 
#67
@Osleak I do not want to enter into an endless debate and you can interpret the Maltese laws as you wish, I only mean a structure that does not operate in Malta and without deceiving the Maltese government and everything legally.

For example, one can be a resident in Malta and be a shareholder of an offshore company with offices, constant trips, directors and local employees in the country in which the company operates.

Now if you are the only director, shareholder, secretary of your company and you are the 365 days of the year in Malta, there will be no other way out for your company to be considered as a business operating in Malta. It's a question of good sense.
 
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#68
Elve said:
@Osleak I do not want to enter into an endless debate and you can interpret the Maltese laws as you wish, I only mean a structure that does not operate in Malta and without deceiving the Maltese government and everything legally.

For example, one can be a resident in Malta and be a shareholder of an offshore company with offices, constant trips, directors and local employees in the country in which the company operates.

Now if you are the only director, shareholder, secretary of your company and you are the 365 days of the year in Malta, there will be no other way out for your company to be considered as a business operating in Malta. It's a question of good sense.
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Yes but the law above are referring at foreign company managed and controlled in malta, so for example ltd uk with me as director and secretary without worker in uk... i sell online phones, i never get phones here in Malta i’ve contract with warehouse in uk so all work made there, like fullfiment logistic and shipment to european country but not Malta, i just manage company as director from malta!

Your point of view make sense if you have uk company and you are director snd secretary and you get goods in malta you have warehouse in malta you have this could means arising in Malta also if the customers are out of Malta!
 
#69
All depend on what you are doing and what is your business i think!

But when law say:
A company which is resident in Malta by virtue of its management and control effectively being exercised in Malta, but is not domiciled i.e. not incorporated in Malta, is charged to tax in Malta only:

(we are talking of foreign company managed in Malta above)

  • on income arising in Malta and

  • on income arising outside Malta, but received in Malta.
 
#70
But sure for example you have uk ltd that produce food for example, soft drink, but the uk company have just registered office in uk and the production is made in Malta, in this case also if sales are to non maltese company it will be considered resident AND DOMICILED in malta (DOMICILE OF THE COMPANY IS THE POINT)
 
#71
Guys great debate thu&¤#. Been watching with my popcorn :cool:

Osleak said:
so you are telling that chetcuti cauchi are lying ?
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Don't put any faith in CC's advice....lol I have used them twice was not impressed.
 
#73
Osleak said:
So we can’t trust of any one in Malta, same thing 3amalta and other law firms,
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Basically yes. Malta is a small island where even the government didn't understand simple EU rules amongst other things. Whatever they tell you ask if they can ask the tax office for written pre-approval of any scheme you plan.

You can read the below case and ask how such a fundamental mistake is possible.
https://timesofmalta.com/articles/view/ferrari-owner-wins-case-over-double-tax-charge.488394

P.S Don't blindly trust what anyone tells you in Malta it is not a high skill country as you know.
 
#74
Martin Everson said:
Basically yes. Malta is a small island where even the government didn't understand simple EU rules amongst other things. Whatever they tell you ask if they can ask the tax office for written pre-approval of any scheme you plan.

You can read the below case and ask how such a fundamental mistake is possible.
https://timesofmalta.com/articles/view/ferrari-owner-wins-case-over-double-tax-charge.488394

P.S Don't blindly trust what anyone tells you in Malta it is not a high skill country as you know.
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Yes you are right it’s hard to find good law firm! But i think that must be some here! What do you think of Hbm group ?
 
#75
Osleak said:
Yes you are right it’s hard to find good law firm! But i think that must be some here! What do you think of Hbm group ?
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I'm not aware of HBM group. Wish I had an answer to your question. Just go with whichever law firm pretends they know the most....lol.
 
#76
Little update, also deloitte confirm the CFC rule and remittance basis for taxation of foreign companies resident in Malta but non domiciled because their management and controlled is in Malta (director resident in Malta).

At the moment it’s confirmed from Chetcuti Cauchi, Deloitte, 3amalta, corriericilia, altima malta...

Next step i’ll ask to cfr because looks like all lawyer and auditor have same interpretation of the remittance basis taxation.
 
#77
Osleak said:
Little update, also deloitte confirm the CFC rule and remittance basis for taxation of foreign companies resident in Malta but non domiciled because their management and controlled is in Malta (director resident in Malta).
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Cool thu&¤#. So to be clear you are confirming they said the below is ok?

Osleak said:
A company which is resident in Malta by virtue of its management and control effectively being exercised in Malta, but is not domiciled i.e. not incorporated in Malta, is charged to tax in Malta only:

(we are talking of foreign company managed in Malta above)

  • on income arising in Malta and

  • on income arising outside Malta, but received in Malta.
Click to expand...
 
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#78
Osleak said:
Little update, also deloitte confirm the CFC rule and remittance basis for taxation of foreign companies resident in Malta but non domiciled because their management and controlled is in Malta (director resident in Malta).
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Did they confirmed that it's possible to manage foreign companies without paying any maltese tax? Does this also applies for 0 tax offshore companies or only for the companies which are resident in their countries?
 
#80
GrumpyMess said:
Did they confirmed that it's possible to manage foreign companies without paying any maltese tax? Does this also applies for 0 tax offshore companies or only for the companies which are resident in their countries?
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I don’t know about tax free company offshore, you should ask to one of the auditors that i’ve shared.

The point is that the domicile must be in the foreign country where the company is incorporated.
 
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