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.

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe
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!