Transferring of shares in private limited companies in Malta
is a simple and straightforward process.
Following the drafting of the share transfer agreement, one
is to submit to the Malta Commissioner for Revenue a statement prepared by a Certified
Public Auditor stating whether the transfer of shares constitutes the transfer
of a controlling interest in the Malta company or not; this statement must also
include the grounds on which it is based.
Should the transfer of shares be the transfer
of a controlling interest, the auditor’s statement shall be made on the form
prescribed and shall include a computation of the market value of the shares in
terms of the relative regulations.
Should the company own immovable property,
then, where applicable, there shall also be the included an architect’s
evaluation of the market value of such immovable property.
This statement must then be submitted to the Capital Transfer
Duty Department together with the payment, by the transferor of any provisional
tax due on the transfer in accordance with Article 43 of the Income Tax
Management Act.
