Persons who are ordinarily resident and domiciled in Malta are taxable on the receipt of royalties and rents from domestic use of property and from foreign use of property.
Persons who are either not resident or not domiciled in Malta are taxable on the receipt of rents and royalties received for the use of domestic property (in Malta) and rents and royalties for the foreign use of property if the amount is received/remitted to Malta.
Royalties
Royalty income is generally taxed at normal tax rates. There is no withholding tax applicable to resident persons in receipt of royalty income. Such income must be declared in the recipient’s income tax return and taxed accordingly.
With effect from January 1, 2021, authors had the right to opt for a flat 15 percent rate of tax on royalties from qualifying literary works. This beneficial flat rate has been updated to a 7.5 percent rate of tax on the condition that the qualifying royalty income has been derived after the 1 January 2023.
This option must be exercised no later than April 30 of the relative year of assessment, or such other date as may be prescribed.
Rent
Rental income can be taxed in different ways, depending on the type of rental taking place. The first option is the standard procedure where the taxpayer must prepare a profit and loss account, and then apply a progressive tax rate according to the profit, while the other two alternatives are simpler and less laborious.
The options available are as follows:
- Standard provision — taxation as a self-employed;
- Alternative 1 — taxation as a self-employed with a 20 percent deduction for repairs and maintenance; and
- Alternative 2 — taxation at a 15 percent flat rate on the net rental income.
Standard provision (taxation as a self-employed)
Rental income received is considered as income from a business and, therefore, falls under the general rules for business taxation, unless a specific alternative tax treatment is applied (see below).
The taxpayer will need to maintain a set of accounts showing the total income and all expenses incurred which are directly related to the production of this income. Such expenses will typically involve interest on any bank loans on the property, maintenance work carried out on the property, fees for the Malta Tourism Authority (MTA) license, advertising and local agent fees, telecommunications expenses, water and electricity and capital allowances for regular wear and tear.
It is important to note that all receipts for which a deduction is claimed must be kept for a period of 10 years as the tax department reserves the right to request them for inspection.
Any profit from the rental activity is then added to the chargeable income of the individual and taxed in the same manner as other income under the applicable tax bracket.
Alternative 1 — Taxation as a self-employed with a 20 percent deduction
In order to simplify the compliance burden on taxpayers, it is possible to deduct a fixed rate for wear and tear without the need to maintain receipts for all expenses.
Under this option, the taxpayer is not required to prepare a full set of accounts, but may only deduct the following expenses:
- any rent or ground rent or similar burden paid to third parties;
- MTA license fee, when applicable;
- any interest payable on loans relating to the purchase of that same property; and
- a further deduction equal to 20 percent of the rental income remaining after deducting the above expenses, covering any wear and tear.
If a taxpayer elects to use this method, there is no need to keep receipts relating to wear and tear as the authorities will not ask for any proof.
The resulting profit from the rental activity is then added to the chargeable income of the individual and taxed in the same manner as other income under the applicable tax bracket.
Alternative 2 — Taxation at a 15 percent flat rate
This option is available for any rental income deriving from the rental of a residential or commercial tenement. A final flat rate of 15 percent tax is levied on any rental income gained in the relevant year. In this case a special form (TA24) must be filled and filed with the tax department and any rental income declared under the scheme is considered separate from the entity’s chargeable income, meaning that no further declaration is needed. The TA24 must be filed before the end of April.
Under Legal Notice No. 258 of 2020, persons who derive income from a private residential lease, registered with the Housing Authority as a long lease, are eligible, subject to certain conditions, for a tax rebate against the tax chargeable on such rental income derived from January 1, 2020. The rebate varies depending on the number of bedrooms, but the maximum is 400 euros for leases of at least two years and 500 euros for those of at least three years. The total tax rebate is capped at 15 percent of the rent derived from the lease in the relevant year.
For the avoidance of doubt, it is worth mentioning that no tax deductions can be applied in this case.
This option/rate only applies to the letting of residential or commercial tenements when the income is considered as rent and not trading income. For example, income from the rental of a room in a hotel or guesthouse is trading income, whereas the rental of a house, in part or in full, is considered rent.
It is notable that further special tax rates are applicable for the rental of properties restored in accordance to a Malta Environment and Planning Authority (MEPA) scheme. In this case, the tax applicable is that of 10 percent on the chargeable income, instead of 15 percent. The requirements to fall under this category are outside the scope of this Country Guide.
6.7.2. Foreign Licensors
Overview
The Income Tax Act provides that the income of any individual includes royalties, rents and other profits arising from property of that individual accruing in or derived from Malta. The tax is payable on the amount of royalty or rental income received in Malta, even if the income arises outside of Malta to an individual who is a nonresident (foreign licensor).
Royalties
Royalties paid to nonresidents (foreign licensors) are exempt from Maltese tax if the amounts are not received in Malta.
Rent
With respect to rent, Malta follows the lex situs principle that income from immovable property is deemed to arise in the country where the immovable property is situated. Thus, nonresidents are taxed on all income derived from immovable property in Malta subject to double taxation treaty relief.
Foreign licensors may pay tax at standard progressive rates or may opt for a 15 percent fixed rate tax:
Standard rates
Rental income derived from immovable property situated in Malta is subject to tax at the normal progressive rates of tax applicable to nonresidents. The amount withheld will be granted as a credit against the recipients’ tax liability reported in the annual income tax return.
Optional flat-rate tax
Malta has an optional 15 percent flat-rate tax on income derived from rented properties owned by individuals. This final tax rate can be applied on receipts of rent, including ground rents derived from the granting of an emphyteutic concession (a special type of land tenure contract) in respect of a residential tenement and a commercial tenement. It can be applied both on receipts of rental income that are chargeable to tax either as business income or as rental income. A “tenement” is considered to include all types of immovable property (e.g., undeveloped land, rooftops, etc.).
The person opting for the flat-rate tax is deemed to have claimed the deduction for wear and tear. That is, there is set-off for this final tax. If an individual derives rental income from letting more than one property, the flat-rate tax option must be applied to the total rental income received.