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MarkusCostigan

New member
Hi guys, after countless interviews with experts it is still not clear what is the best solution to manage a company as Self Sufficient in Malta.

The business we are talking about is a social network / community where users can sponsor their posts (facebook, twitter, etc. style).


First of all, the most IMPORTANT question:
How self sufficient Maltese can be a director of a foreign company? Is this a problem for Malta or I lose the status of self sufficient? Or is it enough that the work of administrator is not carried out in Malta?

Some options:
1. LLC Delaware. I was really inclined to this solution, until after the last interview with an accountant I was told that being a resident of Malta using a Delaware LLC would violate EU anti-abuse legislation and could run into important problems. Is this true?

2. Open a Maltese LTD where I carry out the role of director WITHOUT SALARY owned by a Foreign Holding. Even here, some say that since the work is done in Malta as a resident administrator, theoretically, a self sufficient cannot do it.

3. I have been advised by others to only own the foreign holding as self sufficient, this will own the Maltese trading which is administered by another person other than me. Very expensive solution, I would like to avoid.

The solution that I'd prefer remains the LLC USA, if is possible.

Thanks to everyone who can give me some clarity. Advice welcome.
 

CyprusLawyer101

Mentor Group Gold
Hi there, I ve set up a relevant structure with a local Maltese professional, where we have utilized a Maltese non-domicile company and claimed zero taxation in Malta by not remmitting any funds in Malta. The effective overall tax of this structure set up properly is 0%. Management of the company remains with you as a Maltese non dom.
If you would like I can PM you and discuss this.
 

uplana

Corporate Services
Mentor Group Gold
1. LLC Delaware. I was really inclined to this solution, until after the last interview with an accountant I was told that being a resident of Malta using a Delaware LLC would violate EU anti-abuse legislation and could run into important problems. Is this true?
I'm not aware of the legal part for Malta, but usually this is not a problem and not a violation of any laws.
 

CyprusLawyer101

Mentor Group Gold
Management and control takes place in Malta, so it is a tax resident of Malta - there is no CFC implication here. The reason taxation does not arise is because the company is a non domicile company in Malta which does not remit the funds in Malta.
 

marzio

Entrepreneur
Is Maltese tax department ok with that arrangement? Just for the sake of completeness, are you using a Cyprus non-resident company or a normaly Cyprus LTD that's managed from Malta?
 

marzio

Entrepreneur
In this case, a Cyprus company that's tax resident in Malta, i guess it inherits all maltese double tax treaties and not the Cyprus one?
 

aragon

New member
Hi there, I ve set up a relevant structure with a local Maltese professional, where we have utilized a Maltese non-domicile company and claimed zero taxation in Malta by not remmitting any funds in Malta. The effective overall tax of this structure set up properly is 0%. Management of the company remains with you as a Maltese non dom.
If you would like I can PM you and discuss this.
Interesting. I'm curious to learn more. Questions in my mind:
  • Is the Cypriot company charged tax by Cyprus?
  • Are the shareholders' dividends subject to any withholdings?
  • How does financial reporting work?
 

CyprusLawyer101

Mentor Group Gold
Interesting. I'm curious to learn more. Questions in my mind:
  • Is the Cypriot company charged tax by Cyprus?
  • Are the shareholders' dividends subject to any withholdings?
  • How does financial reporting work?
Hi,
1. No
2. NO
3. There is a particular handling that wr are able to achieve.

If you are truly interested I can PM you to discuss.
 

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