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GRISCTI & CHETCUTI  Advocates - Malta
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Malta Law Firm
Griscti & Chetcuti, Advocates - Malta    
(Established 1981)

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Tax Incentives for manufacturing companies and other companies

The new Business Promotion Act incentives are very attractive and cover tax incentives, soft loans, investment allowances, training assistance and others. Another very important aspect of the BPA is that it is proactive in the sense that it allows flexibility in activities

The Incentives Package in Brief


The new Business Promotion Act (BPA) amends the Industrial Development Act of 1988. It introduces greater scope and flexibility to the incentives available for the promotion of business and covers a much wider range of qualifying sectors and activities than before.

The BPA as amended, provides incentives for those industries demonstrating growth and employment potential that are engaged in manufacture, repair, improvement or maintenance activities. New provisions also provide attractive fiscal incentives for companies engaged in certain qualifying activities that include:

  • Electronic and telecommunications equipment, semiconductors and other components and products.

  • Software development including installation, implementation & support and training.

  • Machinery and engineering

  • Fabricated metal products

  • Rubber and plastic items

  • Pharmaceuticals and medicinals

  • Medical, precision and optical instruments and equipment

  • Production of audio-visual productions including films, advertising programmes or commercials and documentaries.

  • Jewellery and related articles

  • Repair, improvement and maintenance of aircraft, yachts, motor boats, turbines, gantry cranes and their equipment

  • Biotechnology

  • Waste treatment and recycling

  • Research and development

Companies carrying out the activities summarised above qualify for the incentives listed in section A, in addition to the incentives set out under sections B where applicable and C.

 

Section A: Tax Incentives for qualifying companies carrying out specific activities.

Reduced rates of income tax
Qualifying companies benefit from a highly favourable tax structure. The applicable rates of tax will be as follows:
(a) 5% for the first 7 years of operation;
(b) 10% for the following 6 years
(c) 15% for the following 5 years

Investment tax credits
Tax payable can be reduced or eliminated by investment tax credits calculated as the higher of:
(a) 50% of the amount invested; or
(b) 50% of the first 2 year wage cost of new jobs created
(c) For SMEs the percentage for both the above is increased to 65%
(d) Unutilised investment tax credits may be carried forward to the following year and increased by 7%.

The interaction of the above incentives would normally result in minimal or no taxes being paid for a number of years.

 

Section B: Tax incentives applicable to manufacturing and related service companies.

Value Added incentive scheme
A scheme whereby companies may benefit from reduced rates of tax according to the increase in value added of their activities. The reduced rates of tax are as follows:
· 5% for the first 7 years;
· 10% for the following 6 years
· 15% for the following 5 years.

The reduced rates of tax apply to part or indeed a multiple of the increased profit when compared to a base period. For new companies since the base period will be NIL all the profits in the initial three years will be taxed at the reduced rate of 5%.

Investment allowances
Tax deductions in addition to normal tax depreciation are provided as follows:
· Plant and Machinery - 50% of the investment.
· Industrial Buildings or Structures - 20% of the investment.

Reduced tax rate for reinvested profits
Corporate tax in Malta is normally 35%. However, the tax on profits re-invested in projects approved by the Malta Development Corporation is reduced by 19.25% to 15.75%.

Tax Treaties
Malta has concluded tax treaties with a number of countries (mainly European and including Canada and Australia) which treaties enhance the incentives provided by Maltese domestic legislation. Most of these treaties ensure that profits generated in Malta are either exempt from tax in the country of residence of the investor, or that such a country will provide a tax credit for the Malta tax spared as a consequence of the incentives Malta provides.

 

Section C: Other non-tax incentives applicable to manufacturing and related service companies.

Provision of immovable property
The Corporation also provides industrial buildings at competitive rates of rent.

Financial Incentives
· Soft loans - Companies may benefit from loans up to 75% of the qualifying expenditure at favourable interest rates.
· Loan interest rate subsidies - Alternatively, companies may also qualify where applicable for a subsidy on the interest rate payable on loans required to acquire additional assets.

Loan guarantees
The Malta Development Corporation may guarantee loans taken by the company from commercial banks to finance investments on qualifying expenditure.

Incentives for job creation in certain categories
The creation of a new job for certain categories of persons would entitle a company to write off a percentage of the wage costs of the said new job, as a further tax deduction.

Training assistance
Qualifying companies may benefit from substantial training assistance. Depending upon whether a company is classified as a "large", or a "small or medium" enterprise, such assistance may vary from 35% to 80% of costs involved.

Work Permits
Indefinite work permits are granted to shareholders (or their nominees) holding more than 40% of the equity. Definite work permits for specialists are granted according to company requirements

 Should you have any queries, please do not hesitate to contact us.

  

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