Summa Fiduciary Services Ltd.
The setting up of trusts in Malta is regulated by the Trusts and Trustees Act incorporating within it the Hague Convention on Law Applicable to Trusts and on their recognition which Malta has ratified. The Trust and Trustees Act provides for the creation of trusts and authorisation and supervision of trustees. The competent authority for this purpose is the Malta Financial Services Authority (MFSA).
The Trust
A trust does not constitute a separate legal person. It is the trustee who holds the property in ownership for the benefit of the beneficiaries. A trust is a mere obligation or relationship between the settlor and the trustee which may be formed by the creation of a will, by any other instrument in writing, or even by oral declaration. A trust may also come into existence by operation of the law or by judicial decision. Unless the trust is a unit trust or a trust formed for a charitable purpose, it may remain in existence only until its 125th year after which it must terminate.
The Trustee
A trustee is a person whether corporate or individual in whom the property is vested on trust for the beneficiaries provided all the requirements are met. Trustees are usually specifically appointed by the trust instrument in the manner so provided.
Summa Fiduciary Services Ltd is licensed to act as trustee by the Malta Financial Services Authority. Any professional or corporate trustee operating in Malta is bound to obtain authorisation from the MFSA, irrespective of the proper law of the trusts they hold or the location of the property held on trust.
We understand that our clients require trustees with high levels of skill and expertise and with an understanding of the importance of their role. We can assure you that we are well trained individuals with integrity and a commitment to providing excellent service tailored to meet individual client requirements.
The tax regime which complements trusts typically provides a look-through treatment based on the assumption that the beneficiaries are not resident in Malta and the relevant income and gains arise outside Malta. When a Malta trustee qualifies for such fiscal transparency, then all income or gains attributable to the trust would be deemed to have been derived directly by the beneficiaries of the trust.
Should a Malta trustee not qualify for fiscal transparency, then all income and gains attributable to the trust would be chargeable to tax in Malta at the flat rate of 35% when at least one of the trustees of that trust is a person resident in Malta for tax purposes.