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Investment & Financial Services
  • 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.