Transfer of Shares in Malta Companies

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.