Category: Corporate Services

Under Guernsey Company Law a Guernsey company may only be incorporated by a licensed Corporate Service Provider on application to the Guernsey Registrar

In addition to incorporating Guernsey Companies for international clients, Dixcart Trust Corporation Limited (“Dixcart”) also assists Guernsey residents who wish to incorporate a local Guernsey Company.

This Article outlines the key facts and steps for incorporation of a Guernsey Company by a Guernsey Resident. The provision of services by Dixcart is dependent on all parties, including Directors and Shareholders, being ordinarily resident within the Bailiwick of Guernsey and on the risk profile of the activities of those parties and the proposed company.

Below is a list of actions the Guernsey Resident must take in order to provide the information required for Dixcart to make the application:

• Select a Company Name
• Appoint a Registered Agent / Directors
• Provide certified Passports and Utility Bills. These are required for each Director and Shareholder of the proposed company. Original documents may be brought to the Dixcart office for certification.
• The Guernsey Registry provides a Standard set of Memorandum & Articles of Association. Should the client wish to amend either of the standard formats then they must provide a copy of the amended documents,
• Confirm the activities of the company,
• Complete a Director’s declaration signifying the individuals acceptance of their appointment and confirming their eligibility to be appointed,
• All prospective Directors must be registered with the Guernsey Registry who will provide them with a Director’s ID number – should the applicant not already possess a Director’s ID number, then Dixcart can request this from the Guernsey Registry.

Additional services can also be provided by Dixcart which include the provision of the draft documents listed below. These documents are generally required for any subsequent applications made by the company:

• Initial Director’s minute
• AGM and Audit waiver resolutions
• Register of Directors
• Register of Shareholders
• Share Certificates

Please contact advice.guernsey@dixcart.com for further information and to receive an application form for the incorporation of a new local Guernsey company.

Dixcart Trust Corporation Limited has a Full Fiduciary License granted by the Guernsey Financial Services Commission and can provide local incorporation and full administration services including the provision of local directors to sit on the board of a company being incorporated.

The Maltese tax regime has historically been based on a full imputation system, further enhanced by a network of over 70 Double Taxation Agreements (DTAs), and by the possibility to apply for unilateral tax relief for countries with whom a DTA is not in place. The corporate tax rate for a company incorporated in Malta is 35%. There are instances, however, in which the features of the Maltese tax system might be beneficial and lead to cost-effective and tax-efficient solutions for businesses.

We have previously written about the Consolidated Group Rules, which were added to the legislation in 2019, introducing the concept of fiscal unity and resulting in cash flow advantages where only the effective tax rate (5%/10%) must be paid, eliminating the requirement to pay the full 35% tax and wait for the refund for Malta-based companies; the Notional Interest Rate Deduction introduced in 2017 which encourages equity financing (providing a tax deductible expense on the value of the company equity) as opposed to debt financing, resulting in tax savings while at the same time stimulating investment and supporting entrepreneurship; the Participation Holding Exemption under which, in certain cases, dividends received from the subsidiary company are not subject to taxation in Malta from a shareholding as low as 5%.

In this article, we will delve into the Maltese Double-Tier (or Two-Tier) structure and the benefits for shareholders.

Tax Refund for Shareholders Resident Abroad

With regards to corporate taxation, non-Maltese resident shareholders can claim, upon the distribution of dividends, a tax refund of 6/7ths for active income and 5/7ths on passive income. This would bring the effective taxation to 5% in case of active income and to 10% in case of passive income.

The refund is to be claimed by the shareholders, who will receive the refund by the Maltese tax authorities, which are bound to pay the refund within a reasonable timeframe by a bank transfer to the shareholder anywhere in the world. For example, if a trading company generates an income of €100, the company will pay €35 as tax, while €65 will go to the shareholder as dividends. The shareholder would then receive a tax refund of €30 from the Maltese tax authorities, bringing the effective taxation to 5%.

The Two-Tier Structure

In this scenario, popularly referred to as the Maltese Double Tier Structure, there would be a structure whereby a Malta Holding company holds shares in another Maltese company, for instance, a trading company. By doing this, the tax refund is not received by the shareholder, but by the Holding company. The Holding company can then remit the full amount, consisting of the dividend income plus the tax refund, to the shareholders.

For example, if a trading company generates an income of €100, the company will pay €35 as tax, and €65 will go to the holding company as dividends. The holding company would then receive a tax refund of €30 from the Maltese tax authorities. After this, the Holding company may distribute €95 to the shareholder.

The Double-Tier structure is particularly effective when the Malta Company engages in trading activities, but can be applied also to investment, rental and Intellectual Property activities.

The Two-Tier Structure with Fiscal Unity – Cashflow Benefit Option

The Double-Tier structure can be created under the regime of fiscal unity. In this case, the ‘Group’ (Holding Company and Trading Company) would need to prepare consolidated financial statements and present a consolidated tax return to the Maltese Tax Authorities, and therefore only the effective tax rate will be charged. The advantages of this regime include simplified tax management, enhanced efficiency and significantly improved cash flow. For more information on the fiscal unity, please read this article on the Dixcart website: Malta Introduces Consolidated New Group Rules – Offering Cash Flow Advantages. It is important to underline that the fiscal unity regime is optional, and the decision is at the prerogative of the company.

Dixcart in Malta

The Dixcart office in Malta has a wealth of experience across financial services and offers legal and regulatory compliance insight. Our team of qualified Accountants and Lawyers are available to set up structures and help to manage them efficiently.

Additional Information

For further information about Maltese companies matters, please contact Jonathan Vassallo, at the Dixcart office in Malta: advice.malta@dixcart.com. Alternatively, please speak to your usual Dixcart contact.

Introduction

As the international corporate landscape changes, so do the various laws and regulations. Keeping pace with these changes can be difficult given each jurisdiction has their own quirks and specifics.

In this article we hope to clearly outline Cyprus’ Economic Substance requirements and highlight the importance of ensuring any Cyprus Tax Resident Company has sufficient Economic Substance.

Requirements

Quite simply, for a company to be considered tax resident in Cyprus and enjoy the various corporate tax benefits available as a Tax Resident Company, it must be managed and controlled in Cyprus.

Although the term “Management and Control” is not defined in the Cyprus Income Tax Legislation, there is a list of factors to consider when ensuring a company has economic substance and as a result can be considered a Cyprus Tax Resident Company.

The key areas of focus for demonstrating “Management and Control” in Cyprus are:

• The majority of the Board of Directors must be Cyprus residents. The directors should have effective management and control of the company, and make decisions concerning the company’s strategic and operational activities in Cyprus;
• Board meetings should be held in Cyprus as significant decisions need to be taken in Cyprus. This should be also reflected in the effective documentation;
• The directors of a Cyprus company must be qualified, have sufficient knowledge to make independent decisions and be able to demonstrate their role as decision-makers;
• The company secretary should be a Cyprus resident, which can either be an individual or a Cyprus-based company;
• The discussion and approval of the financial statements and audited accounts should take place in Cyprus;
• The company’s bank accounts must be operated and managed from within Cyprus;
• The company should maintain employees and a fully-fledged office in Cyprus, for day-to-day operational functions;
• Record keeping: Archiving books and records like minutes, company seal and share register should be kept in the Cyprus office;
• Books and accounting records should be kept in Cyprus.

What are the Benefits?

Not only will the company be considered tax resident and therefore eligible to enjoy the Cypriot corporate tax regime, ensuring the company has sufficient Economic Substance safeguards the structure of the company and facilitates the ease of on-going business.

Companies established in jurisdictions without substance requirements often struggle when it comes to opening bank accounts or with purchasing investments. This is because these countries often end up on Grey or even Black Lists.

With the implementation and adoption of the EU Directives and the guidance provided by OECD (Organisation for Economic Co-operation and Development), setting up a company in a jurisdiction that requires economic substance will ensure the new company meets the EU and OECD requirements and is less likely to be challenged by various global tax authorities.

As a result of the above we do not view Economic Substance requirements as a hurdle to be overcome. We see them as an advantage to those that wish to establish meaningful ties with Cyprus and the EU and structure their companies in a fully compliant manner.

How can Dixcart Help?

At Dixcart Management (Cyprus) Limited we are dedicated to developing value-adding and fully compliant solutions for our clients when establishing a Cyprus company. Under the new international regulatory environment, entities without sufficient economic substance have a substantial risk of facing challenges with tax authorities. As such, we only establish companies for our clients whereby we assure that the companies can meet the economic substance requirements.

To do this, we provide a full suite of services to those looking to set up a Cyprus company. From incorporation services to accounting and company secretarial services, we can assist you every step of the way in ensuring you have a bespoke and fully compliant solution.

If you are interested in establishing a Cyprus Company, we would be more than happy to discuss the relevant details with you, as well as the various tax incentives available. Please do not hesitate to contact us at: advice.cyprus@dixcart.com.

 

The Dixcart UK Legal team is thrilled to introduce Tom Jones, a solicitor who recently joined our Commercial Property department. Tom brings a wealth of experience and a proven track record in commercial property law, making him a valuable asset to our team and our clients.

Tom has a robust background in commercial property law, complemented by his support to the Corporate Commercial department. His expertise spans various facets of commercial property, including negotiating and renewing commercial leases, bridging finance, development finance, property acquisitions and sales, corporate support, and property development.

Tom’s career began at a nationwide law firm where he completed his training and qualified as a solicitor in September 2020. Following this, he joined a law firm specialising in property development, representing a diverse array of clients such as corporate entities, national house builders, and developers. In this role, he provided comprehensive legal support for their projects, navigating the complexities of commercial property law with ease.

Subsequently, Tom furthered his career at a regional firm, where he honed his skills in commercial landlord and tenant matters, real estate finance, development finance, and corporate transactions involving real estate. His experience has made him adept at managing transactions from start to finish, ensuring that clients’ needs and goals are met efficiently and effectively.

At Dixcart UK, Tom plays a crucial role in assisting clients with their commercial leases, property acquisitions and sales, and various corporate commercial transactions. His commercially-minded approach and keen awareness of clients’ final goals in each transaction ensure that he provides practical and timely solutions tailored to their specific requirements.

Tom holds an LLB (Hons) and an LLM in Intellectual Property Law and Human Rights. His academic achievements and professional qualifications reflect his commitment to providing high-quality legal services.

Our Comprehensive Commercial Property Legal Services

At Dixcart UK, we offer a wide array of commercial property legal services, tailored to meet your unique needs . Our experienced team is dedicated to providing top-tier legal advice and support throughout every stage of property transactions.

Property Acquisition and Disposition

Whether you are buying or selling commercial real estate, our team provides thorough guidance throughout the entire process. We ensure that all transactions are smooth, legally sound, and aligned with your commercial goals whatever they may be. From initial negotiations to final completions, we manage every aspect meticulously.

Due Diligence

Conducting thorough investigations is a cornerstone of our service. We identify potential risks and ensure that you can make informed decisions. Our due diligence process covers all necessary checks and balances, providing you with a comprehensive understanding of their prospective property transactions.

Contract Negotiation and Drafting

Our team excels in negotiating and drafting clear, enforceable agreements for the purchase and sale of properties. We ensure that all contractual terms are well-defined and aligned with your objectives, providing a solid foundation for their property dealings.

Lease Negotiations and Drafting

We specialise in crafting commercial leases that protect your interests and align with their business goals. Our services include negotiating favourable lease terms, drafting comprehensive lease agreements, and advising on renewals and terminations. We also handle licenses required under leases, whether for occupying or altering properties.

Representing the interests of both tenants and landlords, we negotiate favourable lease terms that ensure clarity and security. Our expertise covers all aspects of lease agreements, including renewal options and the legal implications of terminating leases.

Financing and Investment

Dixcart UK provides strategic counsel on financing options and investment structures, helping you secure the necessary funding. Our services include negotiating terms and drafting loan agreements for commercial real estate financing, as well as handling secured lending matters for development finance, refinancing, and investment finance.

Joint Ventures and Development Finance

We structure joint venture agreements to facilitate shared ownership and development projects. Securing finance for new developments requires meticulous planning and execution, and we work closely with you to understand your project needs. From loan agreements to security documentation, we cover all legal aspects to ensure smooth and efficient financing.

Corporate Transactions

Our expertise extends to providing comprehensive support for corporate transactions, ensuring seamless execution and optimal outcomes for you. We provide guidance through the complexities of mergers and acquisitions, conducting due diligence, title investigations, and lease negotiations where necessary.

Register of Overseas Entities

We assist overseas entities who wish to buy, sell, or transfer property or land in the UK. Our team handles all aspects of the registration process, including preparing and submitting necessary documentation, ensuring compliance with local laws and regulations, and liaising with foreign legal and governmental authorities.

Why Choose Us?

Choosing Dixcart UK means benefiting from our in-depth knowledge and experience in commercial property law. We offer personalised service, taking the time to understand your unique business goals and tailoring our services to meet your specific needs. Our commitment to efficiency ensures that the property transaction process is as smooth as possible, allowing you to focus on core business activities.

Tom Jones, alongside the rest of the Dixcart UK Commercial Property team, is dedicated to providing top-tier legal support for all property-related matters. For more information, contact us at advice.uk@dixcart.com.

With effect from 1 January 2015, Cyprus tax resident companies and Cyprus permanent establishments (PEs) of non-Cyprus tax resident companies are entitled to a Notional Interest Deduction (NID) upon the contribution of New Equity employed in the production of taxable income. The new equity can be introduced in the form of paid-up share capital or share premium.

The NID was introduced mainly to harmonise the equity financing tax treatment with the debt financing tax treatment and to promote the capital- incentive investment in Cyprus. The NID is deductible in the same manner as for actual interest expense, but it does not trigger any accounting entries since it is a “notional” deduction.

The deduction is calculated as a percentage (reference rate) on the new equity. The relevant reference rate is the yield of the 10-year government bond (as of December 31 of the previous tax year) of the country where the funds (the new equity) are invested in the business of the company, plus a 5% premium.  

If the country where the new equity is employed lacks a 10-year government bond issued by December 31 of the relevant year, the reference rate will be the Cyprus government 10-year bond rate plus a 5% premium.

The NID is deducted from the taxable income of a company for as long as the new equity financing is used in its operations and produces taxable income. The deduction is subject to a number of conditions, including an 80% taxable-income limitation.

On March 7, 2024, the Cyprus Tax Department published the bond yield rates as of December 31, 2023, for a number of countries. These rates are to be used for the Notional Interest Deduction (NID) applicable to equity injected into Cyprus companies for 2024.

	31/12/2023	NID Reference Interest Rate 2024
Cyprus	3.25%	8.25%

Anti avoidance rules

A number of anti-avoidance provisions are included in the legislation, in order to ensure that there is no abuse of the new benefit granted, such us ‘’dressing up’’ old capital into new capital, claiming notional interest twice on the same funds through the use of multiple companies or where the arrangements introduce lack valid economic or commercial reasons.

The Commissioner may not authorize the granting of any allowance under the NID provisions, if he considers that actions or transactions have taken place without substantial economic or commercial purpose.

Example

A parent foreign company introduces equity in its Cyprus subsidiary and the Cyprus company used the equity to finance other associated foreign companies.

New equity introduced: €10m

Loans advanced: €10m

Interest rate charged: 10.00%

Cyprus 10-year government bond rate: 3.25 %

Income Tax at Cyprus Level

Interest / Taxable income: €10m*10% = €1.000.000

Notional interest deduction:

Lower of (3.25%+5%)*€10m = €825.000 and 80%* €1.000.000 = €800.000

Thus:

Taxable Income:	€1.000.0000
Notional Interest deduction:	(€800.000)
Net taxable income:	€200.000
Corporation tax @ 12.5%	€25.000
Effective tax rate:	2.50%

Introduction

Guernsey is a leading financial services centre. With its excellent reputation and local legal and accounting resources, it has increasingly become a popular jurisdiction in which to incorporate a company.

In this note, we outline the key facts and steps in relation to the incorporation of a new Guernsey Company.

Why incorporate a company in Guernsey?

• Taxation – A general rate of tax payable by a Guernsey company is 0% (some exceptions apply please contact us for further information)
• Separate legal personality – providing asset protection which can help to shield a shareholder’s personal assets from company liabilities
• Fast incorporation – once all required information has been received by Dixcart, we can arrange incorporation within twenty-four hours
• Strong reputation and local resources – there are a plethora of professional accounting and legal firms which lend themselves to the smooth running of a Guernsey company. In addition, the jurisdiction is well respected and has an excellent reputation globally and is well recognised by third party counterparts such as Banks and Lenders.

What are the types of Guernsey company

There are various options available to suit each clients’ specific requirements when looking to incorporate a Guernsey company which include:

• Limited liability company (where the shareholder(s) liability is limited by shares or guarantee)
• Unlimited liability company whereby the shareholder is liable to contribute to all of the debts of the company
• Cell company either; (i) a protected cell company (PCC) where assets and liabilities are segregated into separate cells and ring fenced from each other, for a PCC each cell does not have its own legal personality, or (ii) an incorporated cell company where each cell is separately incorporated and has individual legal personality. These types of companies must be approved by the Guernsey Financial Services Commission.

Who are the parties to a Guernsey company

• Directors
  • Can be individual or corporate
  • Minimum of 1
• Secretary
  • May be appointed but this role is optional
• Members
  • Also known as shareholders
• Beneficial Owner
  • The details of which must be kept by the registered agent and some details of which are shared with the Guernsey Registrar of Beneficial Ownership of Legal Persons. It should be noted that under present legislation this information is not publicly available.

How to incorporate a Guernsey company

1. Select a Company name
2. Appoint a Registered Agent / Directors (Dixcart can assist with these aspects)
3. Provide the required due diligence to the corporate services provider on all parties to the Company
4. Review / draft the company statutes such as memorandum and articles of incorporation – the Guernsey Registry do provide standard templates for both Memorandum and Articles
5. Incorporation with the Guernsey Registry by a corporate services provider

To incorporate a company under the Companies (Guernsey) Law 2008, as amended, a licensed corporate services provider must apply to the Registrar of Guernsey Companies. This provider, licensed as a fiduciary by the Guernsey Financial Services Commission, must include the following information in the application:

• The memorandum and articles of incorporation
• The full names and addresses of the first directors and founder member(s)
• The initial share capital or initial guarantee (if applicable)
• The registered office address and resident agent name which must be either a corporate services provider (i.e. Dixcart) or a Guernsey resident director of the company being incorporated

Dixcart Trust Corporation Limited has a Full Fiduciary License granted by the Guernsey Financial Services Commission and can provide registered agent / registered office together with full administration services including the provision of local directors to sit on the board of the company being incorporated.

Please contact advice.guernsey@dixcart.com for further information and to receive an application form for the incorporation of a new Guernsey company.

Portugal has emerged as a haven for entrepreneurs and established businesses alike with their government incentives for start-ups and businesses. To fuel this growth, the government offers a robust package of financial support, tax breaks, and regional perks. Let’s delve into the toolbox Portugal provides to jumpstart your venture and explore the Portuguese government incentives available for startups and businesses.

Key Requirements to access Government incentives for Start-ups and Businesses

Start-ups in Portugal are defined as:

• Those in operation for less than 10 years,
• Employing less than 250 employees,
• With an annual turnover of less than €50m,
• Not the result of transformation or split from a large company,
• No large company holding a majority direct or indirect stake in its capital,
• Has its headquarters or permanent representation office in Portugal (or employs at least 25 employees in Portugal), and
• Meets the following conditions cumulatively:
  • Innovation & Growth: The company must be deemed innovative with high growth potential or have R&D activities recognized by the National Agency of Innovation (“ANI” or Agência Nacional de Inovação).
  • Funding: At least one round of venture capital financing or contributions from business angels.
  • Government Funding: Have been granted funds from the Banco Português de Fomento, or funds managed by this entity, or by its subsidiaries, or from one of its equity or quasi-equity instruments.

Financial Incentives:

• Grants and Investment Funds: Several programs offer direct grants for innovation and development. Examples include the SI for Technological R&D and the SICE – Productive Innovation.
• Access to EU Subsidies and Grants: Portugal is a member of the EU and thus may have access to EU based subsidies and grants available.

Tax Advantages:

• R&D Tax Incentives: Portugal boasts a generous R&D tax credit system (SIFIDE). This program allows companies to deduct a significant portion of R&D expenditures, significantly reducing their tax burden.
• Corporate Income Tax Deductions: Start-ups benefit from a recent tax code update offering an additional deduction on their tax base for increases in eligible equity.
  • Start-ups in Portugal are subject to a 12.5% corporate income tax rate (in Mainland Portugal) or 8.75% (in Madeira) on the first €50,000 of taxable income (the exceeding amount will be taxed at a rate of 21% in Mainland Portugal or 14.7% in Madeira);
  • Madeira IBC: Start-ups may consider moving the operations into the Madeira International Business Centre which offers a corporate tax rate of 5% on permitted activities, provided certain substance criteria are met, such as a €75,000 investment and a permanent employee tax resident in the island of Madeira. Click here for more information.
• Patent Box Regime: Portugal’s Patent Box grants an 85% tax exemption on income derived from qualifying intellectual property (IP) like patents and copyrights. This incentivizes innovation and protects your intellectual assets.

Regional Support:

• Focus on Specific Areas: Portugal recognises the importance of regional development. Many areas offer additional tax breaks and subsidies, for businesses operating in specific sectors or locations.

Finding the Right Fit:

To navigate this extensive support system, it’s crucial to identify the programmes that best suit your company’s needs and location.

Additional Benefits to Incorporating in Portugal:

Portugal’s appeal extends beyond financial incentives. The country boasts a skilled and multilingual workforce, a streamlined business setup process, and a flourishing startup ecosystem.

Portugal boasts a high quality of life for its residents. Its vibrant ecosystems foster a thriving startup community, incubators and co-working spaces encouraging collaboration, networking, and ample access to resources. This supportive environment and attractive incentives offer a fertile ground for startups and businesses to thrive.

Portugal consistently ranks among the safest countries in the world, offering a peaceful and welcoming environment with stringent safety and security processes.

Lastly, the mediterranean weather, diverse landscapes, and rich cultural heritage provide an attractive living environment for entrepreneurs and their teams.

Taking the Next Steps:

When partnering with a service provider who has an international and local presence, you are able to leverage government programmes and explore reginal benefits to turn your entrepreneurial goals into a reality.

Consulting with professionals such as Dixcart, ensures you are maximising the advantages available to your start-up or business. Reach out to our experts in Dixcart Portugal for more information on taking the next steps: advice.portugal@dixcart.com

The financial services sector has been one of the pillars of the Maltese economy for over 30 years and has allowed Malta to establish itself as a reputable international financial centre.

The industry has grown at an average rate of 8.3% since 2010 and is currently the sixth largest economic sector in the country, contributing to 9.1% of its Gross Value Added. The Maltese economy is well diversified, and its growth forecast is the highest in the European Union, being the only European country with an expected growth above 4% for both 2024 and 2025.

One of the distinctive elements of Malta has always been innovation, especially legislative innovation. The jurisdiction has consistently managed to be able to target specific market niches, combining agility with a robust regulatory framework.

This approach, carried out through  constant activity, ensures that legislation is always at par with the new products available in a very fast-paced, technology-driven environment. This keeps Malta at the forefront of innovation in the financial services space.

A strategy crafted by the industry and fully backed by the Government

In line with this spirit, on 29 March 2023, the Malta Financial Services Advisory Council presented the Malta Strategy for Financial Services for the 10 years to come. The document indicates over 170 initiatives to be implemented in order for Malta to maintain and further strengthen its position as an international financial centre. Over 100 professionals contributed to the drafting of the document, which was endorsed by the government, who has a major role in creating the conditions to enable the financial services industry to continue to prosper in the future.

The long-term vision for Malta as a jurisdiction is to be “recognised as a competitive, secure and credible jurisdiction for financial services”. This is to be achieved through a combination of innovation, solid technology foundations and a nimble, yet robust and coherent regulatory framework.

The strategy identifies key drivers to support the vision, as well as six priorities that underpin each activity and are cross-sectorial, because they are to be applied in each of the 175 initiatives identified in the document.

The six priorities are:

1. Streamline regulation
2. Standardise payments
3. Consolidate identity
4. Modernise taxation
5. Reform financial law
6. Build talent

Four enablers to enhance competitiveness

The strategy also identifies four transformational initiatives to significantly change and innovate the way in which the financial services sector operates in the jurisdiction. These are:

1. Centralised identity management
2. Digital payments hub infrastructure
3. Regulatory process integration and digitisation
4. Law reform and harmonisation

The centralised identity management / due diligence portal is fundamental to reduce bureaucracy and speed up due diligence processes through the launch of a digital platform that is centralised, standardised and used by all parties. The aim of the measure is to promote the once-only principle, meaning that individuals and companies would only need to provide certain information or documentation to the relevant authorities once, ultimately improving efficiency, reducing costs, and leading to standardisation. Private entities such as banks, lawyers, and accountants will have authorised access to certified documentation, subject to the individual’s consent.

Payments are crucial for every financial system, therefore having a national digital payments hub infrastructure would lead to a modern, user-friendly system that allows for secure, multi-currency, instant payments for both individuals and corporates. The infrastructure must be supported by state-of-the-art technology to ensure good user-experience and, at the same time, maintains high levels of AML/CFT standards through in-built capabilities such as, but not limited to, Suspicious Transaction Reporting.

The integration and digitisation of the regulatory process will be crucial to address bureaucracy bottlenecks that can hinder the inflow of Foreign Direct Investment, the activities of local operators and also the regulators themselves. Even in this case, the objective is to streamline processes while maintaining the rigorous controls that the jurisdiction needs to reinforce its position in the international scenario.

The above-mentioned activities need to be complemented by a legal system that operates in a timely manner and has the adequate resources to ensure efficiency and competence when dealing with financial crimes such as money laundering, fraud and tax evasion. The strategy suggests the creation of a Task Force on Financial Services Law Reform to review and propose legislative amendments that address and improve current weaknesses.

The crucial role of the public sector in the implementation of the strategy is reaffirmed when the document identifies the actors responsible for the execution of the four transformational activities, which are mostly public entities such as government ministries, the Central Bank of Malta, the Malta Business Registry, the Malta Financial Services Authority, the Financial Intelligence Analysis Unit and the Commissioner for Revenue. All players have already started implementation and this underlines, once more, the commitment of the government to support the industry based on the indications provided by the industry itself and included in the strategy.

Keeping an eye on the international developments

The challenges to be faced are not only related to internal aspects and procedures. There are other factors, resulting from international trends, that affect all countries, and therefore each jurisdiction needs to tackle them from a domestic perspective, but keeping in mind their cross-border nature. The two most important factors are taxation and talent.

Taxation will always be one of the main elements taken into consideration in business decisions. The Government has already assured, on several occasions, that the corporate system will not be drastically changed and therefore the Maltese tax system will go through some revisions to stay in line with international developments but will also retain attractive elements to be as competitive as possible.

With regards to availability of talent, many would say that Malta is victim of its own success: years of economic growth, combined with a small population, have stressed the need for Malta to rely on foreign talent to support the economic growth. The country is on the path of simplifying the process of applying for work permits and ease the procedures for applicants to bring their immediate families. Clear and swift procedures would make the country much more attractive for expats. In parallel, long-term policies are currently being studied to upskill in Malta as many individuals as possible through specialised courses and programmes, to be offered not only by the University of Malta but also by professional bodies and related associations.

The execution of the strategy is a vital step to maintain a competitive offering at the international level, but its maximum effectiveness will only be reached through an effective communication outside Malta, since investors need to be informed about the significant efforts that the jurisdiction is doing to enhance its offering.

Conclusion

Staying competitive and in line with the various developments currently happening is crucial to allowing the industry to continue thriving, and Malta has a solid plan to continue offering excellent solutions in the financial services industry for the years to come.

Dixcart in Malta

The Dixcart office in Malta has a wealth of experience across financial services and offers legal and regulatory compliance insight. Our team of qualified Accountants and Lawyers are available to set up structures and help to manage them efficiently.

Additional Information

For further information about Maltese companies matters please contact Jonathan Vassallo, at the Dixcart office in Malta: advice.malta@dixcart.com. Alternatively, please speak to your usual Dixcart contact.

Introduction

Cyprus has long been a hub for international businesses and individuals who wish to manage their wealth efficiently and effectively. As a result the Government of Cyprus, with the objective of enhancing the island’s position as an international high-growth business centre by attracting international investments and talent, approved the establishment of Foreign Interest Companies.

However, few know the advantages that a Foreign Interest Company (FIC) provides to global groups and individuals looking to optimise their wealth structuring.

What is an FIC?

An FIC is a company registered in Cyprus with the Registrar of Companies and Intellectual Property that meets the legislated criteria. Currently both a newly incorporated company and a company that is already established that meets one of the requirements below can register as an FIC.

Registering as an FIC does not affect the structure of your business or require any changes to the articles of association if your company is already in existence. Once a request is filed and approved, you will receive a FIC number and will be able to make the most of the new benefits available to you.

In order to be eligible businesses must have economic substance in Cyprus and meet one of the following criteria:

The most common criteria that are met are:

1. The majority of the company’s shares are owed by third-country nationals.
2. If this is not the case, then the company is eligible if the foreign participation has a value of at least €200.000.

In both the above cases (1 & 2), the ultimate beneficial owner (UBO) must deposit an amount of at least €200,000 in an account held by the company in a credit institution licensed by the Central Bank of Cyprus.

Alternatively, the company can submit evidence of an investment amounting to €200,000, for the purposes of operating its business in Cyprus (e.g. purchase of office, equipment etc.).

If there is more than one UBO, then the amount of €200,000 can be deposited or invested either by a single UBO or collectively.

Other less common criteria that are available are:

• Public companies registered on any recognised stock exchange
• Former “Off-shore” companies, which operated before the change of regime and whose data is already held by the Central Bank of Cyprus.
• Cypriot shipping companies.
• Cypriot high-tech/innovation companies.
  • An enterprise qualifies as ‘High Technology Company’ if:
• it is already established and has a presence in the market, and
• it has a high level or experimental R&D intensity, and
• it developed product/s that fall into one of the following categories: products related to aviation and space industry, computers, information and telecommunication technology (ICT), pharmaceuticals, biomedical, research and development equipment, electrical machinery, chemicals, non-electrical machinery.

• Cypriot pharmaceutical companies or Cypriot companies active in the fields of biogenetics and biotechnology.
• Companies of whom the majority of the total share capital is owned by persons who have acquired Cypriot citizenship by naturalization based on economic criteria, provided that they prove that the conditions under which they were naturalized continue to be met.
• Cypriot Private Institutes of Tertiary (Higher) Education licensed by the Ministry of Education, Sport and Youth.

For cases 3 to 9, the investment criteria are also applicable. The company must make an initial investment in the Republic of at least €200,000. This must be proven by presenting the appropriate evidence, such as bank statements or proof of investment.

How can it benefit you?

In addition to the ordinary benefits available to Cyprus companies there are also specific benefits available to FICs and their directors. Below we have broken down some of the various benefits available to you as an individual being the UBO and the company.

Residency and work permits

One of the key benefits of an FIC is the ability to obtain residency and work permits for its Non-EU citizen Directors, Middle Management, Key Personnel and Specialists, as well as their families. It’s worth noting that EU citizens have the right to live and work in the republic already so don’t need this permit.

Personal income tax exemptions

As a result of living in the republic on this FIC enabled permit you and your staff are able to enjoy the perks of being a Tax Resident Non-Domiciled Individual and may be entitled to a 50% salary exemption as well as an exemption from personal income tax on dividends, interest and capital gains.

Corporate tax efficiencies

Cyprus has one of the lowest corporate tax rates in the EU at 12.5%. Which with the Notional Interest Deduction (NID) available in Cyprus this corporation tax could be as low as 2.5%. There is also an exemption on dividend income from corporation tax and dividend distributions to shareholders are not subject to withholding tax.

How can Dixcart help you?

Dixcart has been assisting its clients with international structing and company incorporation and management for over 50 years. We offer a wealth of in-depth local knowledge and our team at Dixcart Management (Cyprus) Ltd. have become experts in our field.

We are here help you every step of the way. Whether that be setting up and registering an FIC, providing management and accounting services, assisting with the immigration process for those wishing to make the most of the FIC’s residency and work permits, or even if you’re looking for serviced office space. Dixcart is your one stop shop for those looking to incorporate or register an FIC and make the most of the benefits available to you.

We will help you gather and collate all the required documents and assist in ensuring that all required criteria are met dealing with the governing bodies on your behalf to ensure that everything is fully compliant with local and international requirements and regulations.

If you would like to know more about the benefits of setting up an FIC or if you have any questions about how we can help you please contact us at the Dixcart office in Cyprus for further information: advice.cyprus@dixcart.com