Author  TaxDAO

1. Introduction Malta is located in the central Mediterranean Sea, with a superior geographical location. It is a hub connecting Europe, North Africa and the Middle East. In terms of economy, Malta is dominated by the service industry, especially tourism, finance and information technology industries. In recent years, Malta has actively promoted the development of blockchain and cryptocurrency industries and is known as the "Blockchain Island". Its financial and legal environment has attracted a large number of international investors and enterprises. As a member of the European Union, Malta has taken a positive regulatory attitude in the field of cryptocurrency and blockchain, becoming a global leader in this field. This article will analyze Malta's crypto asset system from four aspects: basic tax system, cryptocurrency tax system, cryptocurrency regulatory policy, summary and outlook, and predict its future development direction. 2. Malta's Basic Tax System 2.1 Malta Tax System Malta implements a progressive tax rate, and personal income tax rates range from 0% to 35%. The government imposes global income tax on its residents, while non-residents are only taxed on their income generated in Malta. The definition of residency is mainly based on the principle of the center of economic interests of an individual's residence time in Malta. Malta also provides special tax schemes for foreign residents and high net worth individuals, such as the "Malta Retirement Scheme" and the "Global Residence Scheme", which offer fixed tax rates and tax relief benefits. According to the Maltese Constitution, taxation power is mainly concentrated at the national level, and local governments have relatively limited taxation powers. In addition, Malta's tax system is mainly based on income tax and value-added tax. Other major taxes include capital gains tax, property tax, import and export tariffs, and wage and salary taxes. Local governments have the right to levy real estate taxes, business taxes, and license and registration fees. Special taxes such as consumption taxes and environmental taxes are levied on specific goods, services and environmental protection. The government aims to ensure fiscal revenue through comprehensive taxes, support socio-economic development, and attract foreign investment and promote international business activities through tax incentives. 2.2 Income Tax According to the Maltese tax law, a Malta tax resident enterprise refers to a legal entity whose main place of business management or effective management is located in Malta.In tax treaties, Malta generally follows the concept of resident companies as set out in the OECD Model Convention. In the Model Convention, a resident company is a person who is taxed in that country under the laws of that country by virtue of its location, residence, place of management, place of establishment (tax treaty with Malta) or other similar conditions, but does not include a person whose income is derived solely from that country. In principle, if a legal entity does not meet the definition of a Maltese tax resident company, it is considered a Maltese non-resident company. Corporate income tax is levied on legal persons such as enterprises and companies that carry on business activities in Malta. Non-resident companies with a permanent establishment in Malta are required to pay corporate income tax in Malta on the income of the permanent establishment and income from sources in Malta, while non-resident companies without a permanent establishment in Malta are only required to pay corporate income tax on income from sources in Malta. Different tax rates apply to the income of non-resident companies according to their source and nature, but net taxable gains from the sale of immovable property and shares and income from short-term construction, installation and similar works are taxed at a higher rate. In certain circumstances, if such companies are deemed to have income for income tax purposes and have a permanent establishment or fixed business in Malta, they will be subject to the tax rules for Maltese resident companies from the time of such determination and will be taxed in the same manner as a branch of a foreign company registered in Malta. Capital gains arising from the sale of fixed assets, shares and immovable property are considered ordinary income and are subject to corporate income tax. The corporate income tax rate in Malta is 35%, but this can be reduced through a tax credit mechanism, making it a relatively low rate compared to most other countries. Under Maltese tax law, a person who has a personal permanent residence in Malta is deemed to be a Maltese resident. If such a person also has a personal permanent residence abroad, the main factor determining his tax residency is the location of his centre of vital interests. A person is deemed to be a Maltese resident if, in a calendar year, his income from sources in Malta exceeds 50% of his total income or if his main place of professional activities is in Malta.Individuals who do not meet the above conditions are non-residents. Maltese residents are subject to personal income tax on all their worldwide income; non-resident individuals who operate and derive income through a permanent establishment in Malta or derive income from Malta are subject to personal income tax in accordance with the law. Foreigners residing in Malta are taxed only on their income derived from Malta. Personal income tax is taxed at progressive rates, with a maximum rate of 35%. It is important to note that Malta taxes capital gains, which mainly apply to gains from the sale of fixed assets, shares and other capital assets. The capital gains tax rate may vary depending on the type of asset and the holding period. Generally, the tax rate is lower for long-term held assets and higher for short-term held assets. When calculating the taxable capital gains, the asset's sale price minus the original purchase price and related expenses is taken into account, and only the actual increase in value is taxed. Malta also provides some tax incentives and exemptions, such as those for internal corporate restructuring and certain transactions by international investors. 2.3 VAT    Malta’s VAT applies to income from the sale of goods, provision of services, rental income and imports of goods and services. Non-VAT taxable income is used together with VAT taxable income to determine the applicable tax rate. Taxes passed on to consumers on investment expenditure must be adjusted in subsequent tax years when taxpayers meet their tax obligations and enjoy their exemption rights. Currently, Malta’s basic VAT rate is 18%, with a preferential rate of 5% or zero tax rate applicable to certain specific goods and services. Malta’s VAT system is designed to ensure fair and effective taxation while encouraging the development of specific industries and the improvement of social welfare.     2.4 Other Taxes    Most countries impose property taxes on citizens to pay for public services and infrastructure. However, as a small open economy that relies on attracting foreign investment and businesses, Malta has chosen to exempt property taxes to enhance its international competitiveness. By exempting property taxes, Malta hopes to attract more foreign investment and wealthy individuals to purchase real estate and promote economic development.To fill the gap in property tax, Malta’s tax structure relies on other forms of taxation, such as income tax, immovable property transfer tax and stamp duty.     Malta has implemented a withholding tax (WHT) system on transfers of immovable property. Since 1 January 2015, transfers of immovable property in Malta are generally subject to a withholding tax of 8% or 10% on the value of the property transferred, depending on when the immovable property was acquired. In certain specific cases, the withholding tax rate may vary. In particular, a preferential rate of 5% is available for the first €400,000 of the value of the transfer, provided that certain conditions are met. Transfers of immovable property acquired by death or donation are subject to a withholding tax of 12% on the difference between the value of the transfer and the value of the acquisition, or to the default rate of the transfer value as set out above. The first €100,000 of gains arising from the first transfer of any rights under the immovable property or the termination or suspension of any rights are taxed at a rate of 15%.     Stamp duty is also an important part of the Maltese tax system. Stamp duty applies to transfers of immovable property and market securities. For transfers of immovable property, both residents and non-residents are taxed at a rate of 5%, while transfers of immovable property in Gozo are taxed at a rate of 2%. For transfers of market securities, the rate is 2%; if it involves the transfer of shares in a real estate company, the rate is 5%. Malta also provides a number of stamp duty exemptions, such as the reorganization of holdings, which is exempt from stamp duty. The exchange of partnership interests from one company to another within the same group of companies, or the transfer of partnership interests between partnerships, is also exempt from stamp duty. In addition, stamp duty is levied at a preferential rate of 1.5% on the gratuitous transfer (i.e. donation) of market securities or commercial leases to close relatives, which applies to donations made by public contracts before January 1, 2025.     Malta's tax system is designed to ensure the appropriate taxation of different incomes, promote transparency and regulation of the market, and provide a variety of tax incentives and exemptions to support the development of specific sectors and the health of the economy. Through these measures, Malta not only maintains the fairness and transparency of its tax system, but also effectively attracts international investment and promotes sustained economic growth.3. Malta’s Cryptocurrency Tax System Malta’s cryptocurrency tax system is relatively clear, and the treatment of crypto assets is mainly subject to general tax laws. The income from cryptocurrency transactions is regarded as capital gains and is subject to personal income tax or corporate income tax. The income generated by enterprises and individuals when buying and selling cryptocurrencies should be taxed according to Malta’s progressive tax rates, which depend on the total income of the trader. Malta generally does not apply VAT to cryptocurrency transactions because Malta is a member of the European Union. Under EU law, cryptocurrencies are regarded as part of financial services, and the purchase and sale of cryptocurrencies are not subject to VAT. However, enterprises and individuals engaged in cryptocurrency transactions must fulfill the corresponding tax reporting obligations, especially when enterprises engage in cryptocurrency-related businesses, they must report their transaction details to the Malta Revenue Department (IRD) and comply with relevant anti-money laundering (AML) and customer due diligence (CDD) regulations. Through these measures, the Maltese government ensures the transparency and compliance of the cryptocurrency market, prevents tax evasion and money laundering, and protects the legitimate rights and interests of investors and consumers. In order to promote the development of blockchain and cryptocurrency companies, Malta provides a series of tax incentives. Qualifying companies can enjoy lower corporate income tax rates and reduce their actual tax burden through a tax credit mechanism. Malta offers a variety of tax incentives to companies using blockchain technology to encourage research and development and innovation. Specifically, qualifying companies can receive tax credits of up to 25% to 70% on R&D expenditures, depending on the size of the company and the nature of the project. In addition, Malta offers preferential tax treatment to start-ups and early-stage companies, which can benefit from reduced corporate tax rates and additional deductions for qualifying expenditures. In terms of intellectual property, Malta offers a preferential tax regime for income from qualifying intellectual property, and investors can enjoy significant tax reductions on income generated from intellectual property such as patents, copyrights and trademarks.     In order to avoid double taxation of international investors on their global income, Malta has also signed an extensive network of double taxation treaties.These tax policies and incentives demonstrate Malta's commitment to becoming a leading center for the blockchain and cryptocurrency industry, providing a favorable tax environment for global businesses and investors. 4. Malta's cryptocurrency regulatory policy Malta is also one of the earliest countries in the world to develop a comprehensive legal framework to regulate blockchain and cryptocurrency. Its regulatory policy mainly revolves around laws such as the Virtual Financial Assets Act (VFAA), the Innovative Technology Arrangements and Services Act (ITAS) and the Malta Digital Innovation Authority Act (MDIA). In 2018, Malta passed the Virtual Financial Assets Act (VFAA), which defines and classifies cryptocurrencies and related activities in detail and establishes specific regulatory requirements. Under this law, virtual financial asset service providers (VASPs) engaged in cryptocurrency trading, management and custody must be registered with the Malta Financial Services Authority (MFSA) and comply with strict regulatory standards. These standards include anti-money laundering (AML) and counter-terrorism financing (CFT) measures, transparency requirements, and regular reporting. In addition, companies conducting initial coin offerings (ICOs) in Malta are required to submit a detailed white paper to the MFSA, disclosing details of the project, including the functionality, risks and planned use of funds of the tokens. The MFSA will review and approve these white papers. All virtual financial asset service providers (VASPs) must comply with international AML/CFT standards, including conducting due diligence on customers, reporting suspicious transactions and maintaining transaction records. Under the Innovative Technology Arrangements and Services Act (ITAS), Malta also established the Innovative Technology Arrangements and Services Authority (MDIA), which is responsible for certifying and regulating the application of blockchain and other innovative technologies to ensure the security and transparency of the technology. The Digital Innovation Agency Act established the Malta Digital Innovation Agency (MDIA), which is responsible for promoting and regulating the country's digital innovation, including blockchain and cryptocurrency. Malta's cryptocurrency regulatory framework ensures the transparency and security of the cryptocurrency market and protects the rights and interests of investors through strict legal and regulatory measures, while encouraging financial technology innovation and industry development.This comprehensive and strict regulatory approach not only ensures the healthy development of the market, but also provides a regulatory model for other countries around the world to learn from.     5. Summary and Outlook of Malta's Crypto-Asset System     Malta's crypto-asset tax system is relatively clear and forward-looking, and its tax provisions are mainly attached to general tax laws. Malta's treatment of crypto-assets mainly follows its legal characterization of virtual financial assets, treating the proceeds from cryptocurrency transactions as capital gains, which are subject to personal income tax or corporate income tax, and exempting cryptocurrency transactions from value-added tax. Malta imposes strict tax reporting and anti-money laundering requirements on companies and individuals engaged in cryptocurrency transactions to ensure compliance and market transparency. Although the main purpose of Malta's tax system is to protect the interests of investors and prevent financial risks, the Maltese government is clearly encouraging the development of the crypto-asset sector, and actively attracts blockchain and cryptocurrency companies through the Innovative Technology Arrangements and Services Act (ITAS) and other preferential policies to promote financial technology innovation and industry development.     Looking ahead, Malta will continue to play a leading role in global crypto-asset regulation and taxation. As the acceptance of cryptocurrencies increases in countries around the world, Malta may further improve its tax system to adapt to the development and changes of the cryptocurrency market, and is expected to find the best solution between balancing economic development, financial security and monetary sovereignty, and continue to maintain its leading position in the field of crypto assets. By continuously adjusting and optimizing tax policies, Malta can not only attract more blockchain and cryptocurrency companies, but also occupy a more advantageous position in the international financial market and promote the sustained growth and innovation of the domestic economy. References [1]. Malta Financial Services Authority. (2018). Virtual Financial Assets Act. Malta Financial Services Authority. [2]. Malta Financial Services Authority. (2018). Innovative Technology Arrangements and Services Act. Malta Financial Services Authority. [3]. Malta Digital Innovation Authority. (2018). Malta Digital Innovation Authority Act. Malta Digital Innovation Authority. [4].Malta Financial Services Authority. (2024). Regulation on cryptocurrencies and initial coin offerings. Malta Financial Services Authority.   [5].Malta Digital Innovation Authority. (2024). Certification and regulatory requirements for innovative technology arrangements and services. Malta Digital Innovation Authority.   [6].European Union. (2024). VAT regulations for cryptocurrencies. Official Journal of the European Union.   [7].Government of Malta. (2024). Tax Rates and Taxation System 2024.   [8].Malta Institute of Taxation. (2023, October 30). Malta Budget 2024.    [9].PwC. (2024).  Malta-Overview.