Local Maltese Law Firm Chetcuti Cauchi Advocates

Legal, Tax, Immigration and Property Law considerations to Maltese Investor Residence and Citizenship

Malta provides international families and entrepreneurs a variety of routes to residency and citizenship, suiting different objectives. Below are some of the considerations prospective applicants should take into account:

Tax Considerations

The family’s level of integration with Malta during the naturalisation process may constitute sufficient evidence of tax residence in Malta.

Res non-doms in Malta are only subject to tax on foreign income if remitted to Malta, hence the need for pre-immigration tax planning for all transfers to Malta required for a citizenship or residency application.

Due Diligence Considerations

The following form the bases for a successful residency and citizenship application:

• A reputable personal and business profile.
• A disclosure of assets and legitimate source of wealth.
• A clear Schengen and US immigration record.
• An assessment of the implications and extent of indirect political exposure.
• An assessment of any adverse media.
• Potential for future sanctioning.
• The general reputation of the family.
• Current and proposed personal, business, investment and philanthropic activities in Malta.

Full disclosure to your lawyers of all potential background factors, within the protection of client-lawyer privilege, is always advisable so that a proper assessment of eligibility can be made early in the process.

Priscilla Mifsud Parker
Jean-Philippe Chetcuti
Antoine Saliba Haig

Property Investing Considerations

Purchasing a property under one of Malta’s investment migration routes, although optional, is an important sign of the family’s commitment to becoming Maltese. Some of the considerations for property buyers:
• Obtaining any special (AIP) permits required to acquire property in Malta outside Special Designated Areas.
• Compliance of the property unit and the project or development with planning, health and safety and environmental regulations.
• Professional valuations and verification of proper legal title of the target property.

Business Considerations

Malta acts as a springboard for international businesses to invest and do business in Europe.
Setting up a branch, subsidiary or group company in Malta creates a foothold for any international business within the European market.

Chetcuti Cauchi provides a holistic legal and tax approach in Malta with expertise in Immigration, Corporate & M&A, Employment, Transfer Pricing, Private Client, Real Estate, Blockchain, Media, Litigation and Arbitration, Insolvency and Restructuring and Technology.
As an independent law firm member of Andersen Global, the firm enjoys access to 16,000+ best-in-class professionals across 450+ locations in 170+ countries providing integrated legal, tax, global mobility and valuation services.

 

For more information, get in touch:

Email: info@ccmalta.com
Telephone:+356 22056200
Or visit: www.ccmalta.com
Adress: 120, St Ursula Street, Valletta, MALTA

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