Malta Commercial Yacht Registration
Tax Implications upon the Acquisition of a Commercial Yacht
VAT
No VAT is charged for the acquisition of the commercial yacht as the transaction is an exempt with credit supply, thus, meaning that although VAT is not charged, the owner of the vessel may still claim a refund in respect of several purchases made, such as in regard to the equipment.
Tonnage Tax
In terms of Maltese law, commercial yachts registered in Malta and owned by Maltese shipping organisations, pay an annual tonnage tax instead of tax on income.
A licensed shipping organisation is a tax efficient legal vehicle used to own and operate ships and vessels. Such shipping organisation can be a private or public company or a partnership registered in Malta. It may also be a foreign corporate body, or other entity enjoying legal personality in terms of the law under which it has been established or constituted, which has established a place of business in Malta.
The shipping organisation may be set-up with one or more of the following objects:
- The ownership, operation (under charter or otherwise), administration and management of a ship or ships registered as a Maltese ship and the carrying on of all ancillary financial, security and commercial activities in connection therewith
- The ownership, operation (under charter or otherwise), administration and management of a ship or ships registered under the flag of another state and the carrying on of all ancillary financial, security any commercial activities in connection therewith
- The holding of shares or other equity interests in entities, established for any of the purposes stated in this article and the carrying on of all ancillary financial, security and commercial activities in connection therewith
- The raising of capital through loans, the issue of guarantees or the issue of securities by the company when the purpose of such activity is to achieve the objects for the shipping organisation itself or for other shipping organizations within the same group
- For the carrying on of such other activities within the maritime sector which the Minister may, on the advice of the Authority, from time to time prescribe by regulations as qualifying for the above purpose
Exemptions from income tax in Malta
- Income from shipping activities derived by a licensed shipping organisation is exempt from income tax
- The liquidation, redemption, cancellation, or any other disposal of shares, securities or any other interest, including goodwill, held in any licensed shipping organisation (owning, operating, administering or managing a tonnage tax ship) is exempt from income tax
- Interest or other income payable to a person in relation to any financing of the operations a of licensed shipping organisation is exempt from income tax
Exemptions from stamp duty
- The registration of a tonnage tax ship under the Merchant Shipping Act
- The issue of shares or securities in of a licensed shipping organisation or the purchase, transfer, assignment or negotiation of any security or interest of any licensed shipping organisation
- The sale or other transfer of a tonnage tax ship or any share thereof
- The registration of any mortgage in relation to a tonnage tax ship or a licensed shipping organisation
- The assignment of any rights and interests, in respect of any ship
Exemptions from Social Security Contributions
Persons not resident in Malta who are officers or employees of a licensed shipping organisation, and the organisation in respect of such officers and employees, are exempt from any social security contributions payable under the Social Security Act.
Reduced tax compliance requirements
Licensed shipping organisations which only derive income which is exempted from tax are not required to file a tax return. Such organisations are only required to file a simple declaration stating the income of such organisations is income exempted from the provisions of the Income Tax Act.
Ship Management Companies
Malta companies which derive income other than the type of income exempted from income tax, such as ship management companies, may be set-up as a normal company constituted under the Companies Act.
The income derived by a ship management company constituted under the Companies Act is subject to a corporation tax of 35%. Any expenses related to the activities derived by such companies may be deducted from the chargeable income.
Tax Refunds
In the case that the company does not qualify as a shipping organisation as explained above, such company may claim a 6/7ths refund of the corporation tax paid in Malta. Malta does not level any withholding tax on the distribution of a dividend.