tax

What is Participation Exemption?

Income and gains of a Maltese company from a participating holding, or its transfer, are exempt from tax. A participating holding generally needs at least 5% of the equity.

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Current Rate (Applies per holding)

Exempt income and gains on qualifying participating holdings

Example

A Maltese holding company owns 10% of an EU subsidiary and receives a dividend. If the conditions are met, the dividend is exempt, and any shareholder refund on distribution can be 100%.

How Participation Exemption works in Malta

A holding qualifies with at least 5% of the equity and at least two of votes, profits and assets rights. Alternatives include an investment of at least €1,164,000 held for 183 days or more, an option over the balance, a right of first refusal or a board seat.

Anti-abuse conditions apply to dividends. The payer must be EU-resident, or subject to at least 15% foreign tax, or have no more than 50% passive income.

The rule is in article 12(1)(u) of the Income Tax Act, Cap. 123. Finn flags it as a special regime and does not decide eligibility. Route specifics to a practitioner.

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