
An overview of Malta, one of nine EU Member States considered to apply a tax on financial transactions.
In force
1993
Duty on Documents and Transfers Act (DDTA)
Stamp duty
Marketable securities: any share, stock, debenture, bond and any interest in any company or corporation and any document representing the same (Article 2 of the DDTA).
Transfer of marketable securities.
N/A
The document whereby marketable securities are transferred must be executed in Malta or, if it is executed outside Malta, “used’’ in Malta. A document is deemed to be used in Malta if it is produced:
A document executed outside Malta will only be chargeable to stamp duty if it would have been so chargeable had it been executed in Malta.
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N/A
N/A
No stamp duty is charged, inter alia, on:
Liable persons and other persons such as intermediaries, brokers, agents, notaries.
The transferor - in a transfer inter vivos - and the transferee are jointly and severally liable to pay the duty.
Where the transfer is effected by public deed, the notary publishing the relative deed is jointly and severally liable to pay the duty chargeable on such transfer or deed.
Transferee, but not important for the survey since the exemptions are widespread
In order to transfer securities in Malta (mostly in the context of shares) a private agreement is required for shares issued by a Maltese company, and a notification is filed with the Registry of Companies.
Fine. Moreover, the document will not be legally admissible in evidence, except in criminal proceedings
Amount of consideration or real value (whichever is the highest).
Amount of consideration or real value (whichever is the highest).
2 percent.
5 percent if 75 percent or more of the company’s or partnership’s assets consist of immovable property.
N/A
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