Trusts in Malta

Under the 2004 Act, a registered trust must have a Maltese Professional Trustee as one of its trustees, which files an annual declaration of conformity with the law; no accounts or tax returns need be filed.

Some of the main features of Maltese trust law are as follows:
  • The perpetuity period for Maltese trusts is 100 years;
  • The settlor may be a beneficiary under the trust;
  • Powers of the trustee are wide and flexible;
  • The office of Protector is allowed for;
  • Forced heirship provisions are excluded

There is no legal requirement for foreign trusts to be registered in Malta even if they are administered from this jurisdiction.

Trusts registered in Malta pay a flat rate of tax per annum on the aggregate income of the trust and on any income of the beneficiary. Trusts do not pay any annual registration fees, death duty, stamp duty. or customs duty on property imported into Malta. They are also exempt from Exchange Control regulations.

Absolute confidentiality in respect of the identity of the beneficiaries of a trust is guaranteed

The content on this website is for information purposes only and should not be taken as tax, legal or any other professional advice.