05 July 2021

Malta Grey List - Redomiciliation in Luxembourg

 

Redomiciliation of Maltese vehicles in Luxembourg

 

Following the recent addition of Malta to the Grey List by the Financial Action Task Force (FATF) many companies are looking into moving their registered office to Luxembourg due to the increased monitoring, the impact on bank account opening and complications with the authorities.

Some managers are willing to close their fund and establish them in Luxembourg but other managers want to keep their track record, avoid exchanges of shares or redemption by their current shareholders.

In order to become an entity duly incorporated under Luxembourg laws, a foreign company or fund established abroad may simply elect to transfer its registered office/seat, change its nationality and redomicile to Luxembourg.

 When a foreign company transfers its registered office or seat or its main place of management to Luxembourg, it will sever the links with its country of first incorporation  and will become taxable on its worldwide income in Luxembourg.

It will benefit from the network of double tax treaties and will become a subject to tax in Luxembourg at the applicable corporation tax rates.

– unless its shareholders elect for a favorable tax regime in Luxembourg which grants a specific tax exemption such as the SOPARFI (Holding Company), or the SPF (Private Wealth Management Company)

Maltese Investment funds may also decide to become subject to the Luxembourg legislation. SLP, RAIF, SIF, SICAV are the main options for Alternative Investment Funds.

 

Creatrust provides a one-stop-shop service for the setup and administration of Corporate, Fund and Family Office vehicles based in Luxembourg. For more information please visit our specific web pages:

 

Corporate: https://www.creatrust.com/corporate-clients 

Investment Fund: https://www.creatrust.com/investments-funds

Family Office: https://www.creatrust.com/family-offices

 

Or contact us here or by e-mail for more information on the process of redomiciliation :  creacom@creatrust.com.

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