Malta: Trusts

The Maltese Government recently published the Individual Tax Programme Rules through Legal Notice 195 of 2026, introducing a new framework for individuals looking to relocate to Malta and benefit from a special tax status.

Family businesses face complex challenges when transferring wealth and control across generations. This analysis explores the intersection of legal structures and family dynamics that determine whether succession planning succeeds or fails, examining how trusts, foundations and governance frameworks can preserve business continuity while managing intergenerational relationships.

On 16 September 2026 Malta’s Civil Court (Asset Recovery Section) threw out, in its entirety, a claim by the Asset Recovery Bureau and the Commissioner of Police to confiscate more than half a million euro held on trust. It is understood to be the first time a Maltese court has rejected a non-conviction based confiscation claim after an interested third party stepped in to defend the property.

The Financial Intelligence Analysis Unit (FIAU) has issued updated Implementing Procedures Part I, introducing significant changes to beneficial ownership identification requirements and employee screening obligations. These amendments affect how subject persons must conduct due diligence on beneficial owners of trusts and legal arrangements, while also modifying the documentation requirements for employee vetting processes.

Malta holds a respected position in international wealth planning, offering a legal framework that combines robust asset protection, strategic flexibility, and EU-aligned regulatory oversight.

With the introduction of the Final Income Tax Without Imputation (FITWI) Regulations through Legal Notice 188 of 2025, Maltese companies can elect to apply a 15% final tax rate on chargeable income, instead of operating under the full imputation system.

Malta is one of the most attractive destinations for establishing holding companies dedicated to managing intellectual property (IP), thanks to its combination of favourable tax benefits, a strong legal framework, a network of over 70 Double Taxation Agreements (DTAs) and direct access to the European single market.

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Trusts are fairly common in corporate structures. There are several types of trusts which are setup depending on the intended purpose of the trust.