Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: February 7, 2014
The Firm
201-896-4100 info@sh-law.com
Clearly, the U.S. market is attractive in its own right which accounts for its take-it or leave-it attitude toward taxation incentives. Other jurisdictions, however, are not as fortunate and must develop attractive systems to encourage investment and the growth of its financial sector.
Smaller countries look to the financial sector as a means of increasing their GDP and raising the standard of living. One example is Malta, situated inside the European Union (“EU”) and well-positioned to host holding companies, patent boxes and international finance subsidiaries. Malta has sixty-one (61) income tax treaties and is a member of the EU and may avail itself of the parent-subsidiary directive which permits dividends to pass free of tax in certain cases.
Malta’s Participation Exemption has an anti-abuse test and three safe harbors. One is a foreign company is incorporated or resident in the EU. A second is if less than 50% of its income is from passive sources. Third, the foreign income is subject to tax at 15% rate or more. This test can be easily satisfied with proper planning.
Malta uses a management and control test so foreign entities as well as local companies may become resident. Malta has an imputation system of taxation which allows shareholders to claim tax credits and refunds for tax paid by the company with only 5% leakage. Passive income suffers leakage of about 10%, however, a 25% foreign tax credit and a 2/3 refund brings the rate to 6.25%. A Maltese company may pay to a foreign individual or corporation without further withholding. This is a stark contrast to the US and FACTA.
Malta is a civil law jurisdiction but has enacted trust legislation to go with its statute on foundations. Trust income is subject to tax at 35%; however, the beneficiary may be able to claim a refund. Trust income arising outside of Malta and non-resident beneficiaries permits the income to escape Maltese tax provided there is no local trustee.
Many jurisdictions, including Malta, have special programs to attract high net worth individuals, register yachts and lease aircraft.
Maltese foundations have a unique feature called segregated cells, with each cell being taxed independently. A foundation may also elect to be taxed as a trust. Foundations are treated as corporations for tax purposes.
Protected cell companies are creatures of Maltese law which permits the segregation of assets and liabilities in each cell. It offers a way of converting the character of income or delaying distributions up the chain. You may gain capital appreciation inside the wrapper of the cell.
If a company wants to leave Malta, there are no exit taxes. Consider Section 7874 on U.S. corporate inversions and one realizes Malta is different. There are no controlled foreign corporation (CFC) rules in contrast to Subpart f.
There are many jurisdictions seeking to accommodate business investment and the finance sector. One can find suitable base for most any project given the options available.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!