Malta Marine & Yacht Structure
Building on its long and varied maritime tradition, Malta is a leading international maritime hub and service centre. The island enjoys a strategic geographical position at the centre of the Mediterranean. The Malta Flag is a flag of confidence and international repute. Being one of the largest ship registers in the world and enjoying the top post as the largest register for yacht and superyacht registration with around 800 superyachts, the Malta Flag guarantees a serious and efficient maritime administration. The flag state inspectorate ensures adherence to international standards.
Vying to become an international centre of excellence in the maritime industry, Malta offers a whole range of international maritime services and facilities as part of a comprehensive package for the superyacht industry. These include deep natural harbours, state of the art superyacht marinas, extensive refit and repair facilities, a multitude of support shore services and infrastructure, a cluster of local and international operators and service providers together with bunkering operations and supplies. This is complemented with a welcoming approach of the English-speaking locals which makes visits of the most
discerning captains and crew a pleasant experience.
How Can We Help?
Signature Private Office can assist yacht and superyacht owners in:
Benefits of the Malta Flag
Yacht Registration
Registering a yacht or superyacht in Malta allows the owner to benefit from favourable tax incentives and VAT-efficient finance leasing structures. Under the Malta Flag a yacht may be registered as a Private Yacht or a Commercial Yacht. The yacht can be registered in the name of a company or the owner, irrespective of the nationality. If the owner is not residing in Malta, Signature Private Office will act as a Resident Agent for the yacht. This is an advantage versus many jurisdictions that require the owner to reside in the country of registration or to be a national of said country.
Private Yacht Registration
The Merchant Shipping Directorate considers a private registered yacht to be any pleasure yacht, of 6 metres in length or more, does not carry passengers for reward, and is not engaged in trade but is used for the sole purpose of the owner.
Commercial Yacht Registration
A commercially registered yacht is a yacht of 15 metres in length or more, does not carry cargo, carries not more than 12 passengers, and is operated by the owner or company owning the yacht for commercial use.
Yachts That Can Be Registered in Malta
The following classes of yachts will be considered for commercial registration:
Yacht registration, whether private or commercial, is a very simple and straight forward process subject that all documentation is in order. Yachts are first registered provisionally under the Malta Flag for 6 months (extendible for a further period, or periods not exceeding in the aggregate six months) during which period all documentation needs to be finalised.
Yacht Leasing Corporate Structure
Signature Private Office can set up a corporate structure that will acquire and own the yacht, which will be leased to the client via a lease agreement. We will liaise with the client to understand and establish the ideal lease agreement, duration of lease, value of the yacht, and other formalities. The fiscal incentives through such an agreement will benefit the client, who upon expiry of the lease agreement, will be able to acquire the yacht with a reduction in the VAT due.
VAT on Yacht Leasing
The Maltese VAT guidelines address scenarios where a Maltese company purchases a pleasure yacht and enters into a lease agreement of the yacht with a third party. The aim of this structure is to enable owners to pay VAT on their yachts calculated on the percentage of the time that the vessel is deemed to sail in EU waters and based on the assumption that the larger the yacht, the less time it stays there.
To reflect EU developments and practices, the Malta Tax and Customs Administration issued new guidelines in relation to the place of supply of the leasing of yachts and superyachts and the VAT incurred on the leasing of such vessels. The guidelines contemplate the deemed usage percentage in EU waters and reduce the effective VAT rate up to 8%.
To be eligible and qualify for the VAT on yacht leasing, the following criteria must be met:
Maltese VAT at 18% will be charged on the portion of the lease covering effective use and enjoyment of the yacht within EU territorial waters. No VAT will be chargeable on the portion of the lease which covers the use and enjoyment of the pleasure yacht within non-EU territorial waters or international waters.
Tax Treatment to Leasing of Yachts
Where leasing arrangements of yachts do not fall within the scope of Legal Notice 369 of 2005 and where the aforesaid lease is deemed by the Commissioner for Revenue to be in accordance with guidelines issued by the VAT Department from time to time, the Office of the Commissioner for Revenue has decided that in such special case, the following tax treatment is to be adopted for each year for the duration of the lease:
Yacht Charter Holding Structure
Signature Private Office can set up a holding structure that will acquire and own the yacht, with the aim of chartering the yacht to third parties. This structure offers extensive flexibility on the purchase and disposal of the asset, as well as fiscal and VAT incentives.
