Malta no dom - how it works?

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Where can I figure out what's the exact procedure to get my tax residency in Malta?‌

Is getting a Tax Residency Certificate (TRC) from CfR mandatory to become a tax resident?‍ I don't think so, but a guy confused me regarding this topic.

Otherwise I think⁠ that going on Identita Malta, filing as a self-sufficient and waiting for them to call⁤ you for the identification appointment should be sufficient to get the tax residency, right?
 
No, that link works only for people that already have an e-residency.

That's why I said that, for what I understood until now, first you have to get‍ the e-residency on Identita Malta, then you register to CfR and register as a tax⁠ payer.
I think that on this website you can both register as a taxpayer and⁤ get a TIN, and also request a tax certificate.
 
hey guys,

@Martin Everson @daniels27 & others

I come from EU, want to move to‌ Malta, if I open a US LLC for online business (freelance, SaaS..etc) and that I‍ get the non-dom, auto-sufficient status and that’s I stay more than 6 months in Malta,⁠ my US LLC will not be relocated as « Maltese » with 35% business profit⁤ tax ?

I will only remit to Malta bank account (for a living) 45k/year (that⁣ I will report and pay taxes on it), and all others profit will go on⁢ a personal bank account not in Malta and never used in Malta (not remitted).

What do you think ? This setup is good ?

Will only do ~100k profit a︀ year
 
Malta doesn't enforce PE at all on this type︂ of situation that you're describing.
This means that they don't care of your LLC truly︃ being a pass through entity, as they don't care that much of everything happening in︄ your accounts outside of Malta.
If you make 100k a year you can simply have︅ a US LLC, pay yourself out on a non-maltese bank account and consider "remitted" only︆ the money you spend on things like rent.
 
In Malta CFC only applies to foreign companies with︂ over 750k euro in accounting profits last time I checked. Meaning pick whatever foreign entity︃ works best for offshore corporate tax and more importantly wide access to banking. I can't︄ comment on anything US LLC related so someone else will have to comment there. But︅ sounds fine to me.

You need 45k a year to live in Malta? You planning︆ to rent in Portomaso, renting a large family apartment or got a gambling habit or︇ something....lol.
 
1BR in Portomaso is easily €2k/month or €24k/year so there goes more⁠ than half of €45k.
On €45k income he needs to pay a flat tax €5k⁤ (and I think it's €15k for a family).

That leaves him with €16k or about⁣ €1,333/month and that barely enough for one person (average salary ~1.5k/month)
If he has wife/kid(s)⁢ that's clearly not enough.

Renting anything reasonable and decent (outside of prime areas like Portomaso)︀ would probably be around €1,200 so that will increase monthly spending budget for €800 up︁ to €2,133 and make it a bit better - but again nothing crazy.
 
Alright, thanks for all your responses.
45k will be maybe a little bit high ahah,‌ maybe more 30-35k.

Regarding the US LLC setup, some people suggested I appoint a nominee‍ director based in another country (like Belize or the UK) to prove that the LLC’s⁠ operations aren’t being conducted from Malta. They also recommended holding Zoom meetings from outside Malta,⁤ with proof that these meetings are important for the LLC’s operations…etc bulls**t stuff for not⁣ having issues with Malta fisc (I’m French, in France the fisc is really crazy, so⁢ want to be sure I will not have the same problems in Malta)

Isn’t that︀ a bit exaggerated considering the small revenue I’m making? And also that I will be︁ non-dom & auto-sufficient..
 
Thanks for the thread ,︁ I’ve just read it, but I’m still quite confused.
Most of the resources people share︂ talk about 'management & control', but they usually refer to companies without a director based︃ in another country (often solo-founders). Theoretically, these companies would be subject to the 35% corporate︄ tax, right?

That’s why a friend advised me to appoint a director for my US︅ LLC : to justify and protect the fact that 'management & control' is exercised outside︆ of Malta. Please correct me if I’m misunderstanding.

@Anonymous1234 , maybe you could help me︇ on this? (or others)
I’m a solo founder and sole shareholder. I'm moving from France︈ to Malta under non-dom and self-sufficient status.
Business type: SaaS, mobile apps, freelance.
Clients: mainly︉ from the US, France, Spain, Italy, and the UK. & AppStore / Playstore revenues.
 
No, it is⁤ the same. It does not matter where the owner is located for PE and PEoM⁣ issues. The location of the founder matters for CFC. You can read more about this⁢ here:

PE / PEoM as been extensively covered in the thread︇ I sent you. Malta currently does not care about PE and PEoM. You can manage︈ your US LLC from there. Please read the thread I sent you. @Anonymous1234 already answered︉ very specifically here:

CFC has been answered above and also in the thread I sent⁤ you. If you have less than 750k EUR in profits, it is not an issue.⁣ If you want to make more, you will need to hire a director in Malta⁢ and then move elsewhere yourself.

Please read the thread yourself. If you have specific questions︀ that are still not clear, please let us know. But your case has been discussed.︁

For royalty income from the US, there are withholding taxes, for which there is a︂ reduction to 10% under the tax treaty.
 
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