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Taxation of Collective
Investment Schemes
The
provisions of Maltese tax legislation relating to the taxation of Collective
Investment Schemes are intended to create a fiscal framework that supports
the development of the fund industry in Malta at the domestic and international
levels.
Funds
licensed under the Investment Services Act are exempt from tax in Malta
and are excluded from benefiting from Malta's double tax treaty network.
A Collective Investment Scheme (other than a unit trust) may waive its
right to an exemption from tax on its income, in which case it is liable
to tax at a rate of 25%. Taxable funds are entitled to treaty relief.
Capital gains realised by a fund are exempt from tax in Malta.
Consistent
with the Maltese tax regime's objective of simplifying the collection of
tax on investment income for both resident and non-resident taxpayers,
largely through withholding at source, shareholders (whether resident or
not) are not required to report dividends paid out of a scheme's foreign
income account (generally composed of income derived from foreign sources)
or a Maltese-taxed account (generally composed of the balance of taxable
income). Such unreported dividends are not subject to further tax
in the hands of the shareholders. In addition, non-resident shareholders
receiving dividends from a scheme's foreign income account of a taxable
scheme are entitled to a refund equivalent to two-thirds of the tax paid
by the scheme on the income being distributed. Furthermore, non-resident
shareholders are not taxable on gain or profit arising from the disposal
of shares of the scheme. |