By Sanford J. Davis, Mitchell R.
Kops, William Kambas and Theodore Ahlgren
Excerpt: 2011 Emerging Issues 5869
SUMMARY: Malta has emerged as an increasingly
attractive jurisdiction for multinational enterprises. In recent years, Malta
has entered the EU and revised its banking and tax regimes to attract
multinational business and cross-border investment. After 13 years without a
treaty, Malta and the US have entered into a new income tax treaty, effective
1/1/2011, which should continue to encourage investment and business activity
between the US and Malta.
During the last decade, Malta has entered the European Union
("EU") and revised its banking and tax regimes to attract
multinational businesses and cross-border investment. Despite a 35 percent
corporate tax rate, the effective tax on Malta companies and investors is
lessened considerably by various mechanisms that eliminate double taxation of
In this setting, Malta and the United States entered into a new income tax
treaty effective on January 1, 2011 (the "New Treaty"),
following a 13-year hiatus without a governing treaty. The New Treaty and
Malta's investor friendly tax regime should continue to encourage investment
and business activity between the US and Malta.
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ABOUT THE AUTHOR(S):
Sanford J. Davis is a partner at Withers Bergman LLP. He advises
domestic and foreign clients on a broad range of U.S. and international tax
issues. His practice is both transactional and advisory, focusing on corporate,
M&A, partnership, and international taxation. He can be reached at: firstname.lastname@example.org
or +1 212 848 9855.
Mitchell R. Kops is a partner at Withers Bergman LLP. He advises on U.S.
income tax and business planning matters for U.S. and non-U.S. individuals,
closely-held partnerships and corporations and other business and investment
entities, including advising on U.S. income tax matters in connection with
domestic and cross-border transactions and structures. He can be reached at email@example.com
or +1 203 974 0391.
William J. Kambasis an associate at Withers Bergman LLP. He advises on
many aspects of purely domestic as well as inbound and outbound personal and
business transactions and investments applicable to entrepreneurs and closely
held businesses as well as U.S. and non-U.S. family offices and their
associated trusts. He can be reached at firstname.lastname@example.org
or +1 203 974 0313.
Theodore C. Ahlgren advises clients on matters relating to international
and domestic income and estate planning, including U.S. federal income tax
practice and procedure and voluntary disclosure issues. He regularly works with
multinational business and investment structures, including complex financial
The authors would also like to thank Angela M. Klemack,
an associate at Withers Bergman LLP, for her valuable assistance in the
preparation of this Analysis.