Company tax planning under Maltese law

Abstract

A company, especially a limited liability company, is one of the main features of modern commerce and industry. It not only enables a business-man to enter the field of trade with the knowledge as to what is the maximum amount of his possible losses should things go wrong, but it also enables the man in the street to participate in the commercial life of the community by owning shares in such companies. Since a company is of such prime importance in today's commerce, it cannot fail to have a special position in income tax matters. Yet in many cases when a company is planned, very little thought would have been given to taxation aspects. In such circumstances it is important to think in terms of fundamentals and not to be afraid of complete recasting of proposals where appropriate. Although it is not suggested that the tax tail should wag the commercial dog, recasting in order to meet tax difficulties can frequently be achieved with little practical disadvantage. For a commercial and industrial enterprise an unnecessarily increased tax burden represents a business waste which not only reduces its distributable profits, but may well make it uncompetitive. Planning can even bring benefits outside the tax field since it can cause all parties to think more carefully about their intentions and thus lead to an improved transaction and a better understanding of the position of each side on difficult points. It must however be made clear from the outset that no book or work can be comprehensive and each company forms a subject on its own which should be considered specifically in the light of legislation.