Europe

Malta IP Box Regime

Malta's Patent Box offers a 95% deduction on qualifying IP income, producing an effective 1.75% tax rate when the OECD nexus ratio is fully met.

IP Box Regime flag

Regime overview

Status
Active
Type
Preferential
Established
2019
Duration
Indefinite
Highlight
1.75% effective rate on qualifying IP income
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Tax regimes comparison

Default Rates

Eligibility
Any resident
Duration
Indefinite
Income Tax
0-35%
Foreign Income
Remittance basis
Capital Gains
35% / 8%
Dividends
None
Wealth Tax
None
Inheritance Tax
None

IP Box Regime

Eligibility
Residency
Duration
Indefinite
Income Tax
1.75% effective
Foreign Income
Partially exempt
Capital Gains
95% deduction
Dividends
Standard Malta rates
Wealth Tax
None
Inheritance Tax
None

Highly Qualified Persons (HQP) Rules

Eligibility
Residency
Duration
5 years
Income Tax
15% flat
Foreign Income
Taxed
Capital Gains
N/A
Dividends
N/A
Wealth Tax
None
Inheritance Tax
None
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Retirement Programme (MRP)

Eligibility
Residency
Duration
Indefinite
Income Tax
15% flat
Foreign Income
Remittance basis
Capital Gains
0%
Dividends
0%
Wealth Tax
None
Inheritance Tax
None
Learn more

Key benefits

95% deduction yields effective 1.75% rate when nexus ratio is 1
Covers patents, R&D-linked software, and regulated IP
Eligibility certificate provides upfront clarity on qualification

Requirements and considerations

None

Migration pathways

Program details

Malta's Patent Box Regime (Deduction) Rules apply from 1 January 2019 and are structured as a deduction against taxable income rather than a separate headline tax rate.

Where the nexus ratio is 1, the regime provides a 95% deduction of net income or gains from qualifying IP, which at Malta's 35% corporate tax headline rate yields an effective 1.75% rate on that qualifying IP profit stream.

Qualifying IP is narrowly defined and generally tied to demonstrable R&D activity. Patents, utility models, orphan drugs, certain regulated IP rights, and R&D-linked software can qualify, while marketing intangibles such as trademarks and brands are excluded.

Access typically involves an eligibility determination and certificate, with supporting evidence on the IP asset and qualifying expenditure, including auditor-certified cost breakdowns. Record-keeping and compliance are material because the regime is designed to comply with the OECD nexus approach.

Interested in IP Box Regime?

Our tax advisors can help you evaluate eligibility requirements and optimize your tax position under this regime.

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ECJ Ruling on Malta CBI

EUR-Lex Court Judgment C-181/23·Last checked: 16/01/26

Merit-Based Naturalisation Regulations

Malta Parliament Legal Notice 159/2025·Last checked: 16/01/26

2025 Citizenship Act Amendments

Aġenzija Komunità Malta·Last checked: 16/01/26

Expert guidance

Optimize your tax position

Our advisors help you evaluate tax regimes, understand eligibility, and structure your move for maximum tax efficiency.

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