Date post: | 30-Mar-2016 |
Category: |
Documents |
Upload: | sebastien-cornut |
View: | 249 times |
Download: | 1 times |
www.pkfmalta.com
PKF Malta | 35, Mannarino Road | Birkirkara | BKR 9080 | Malta
March 2013
Aviation
www.pkfmalta.com
PKF Malta is a member firm of the PKF International Limited network of legally independent firms and does not accept any responsibility or liability for the actions or inactions on the part of any other individual member firm or firms.
1
PKF MALTA. READY FOR TAKE OFF
Fastening your seatbelt PKF Malta, a member of PKF International, is a fast‐growing, progressive firm that provides services to a list of prestigious clients, and enjoys an excellent reputation which stems from our dedication, professionalism and enthusiasm to serve our clients. PKF Malta supports the aviation industry through a comprehensive range of specialised consultancy services and is actively involved in assisting its clientele in the fast growing aviation industry. Companies from all transport sectors are facing significant challenges that impact business and consumer confidence alike. The challenges posed by the current economic climate, namely the tougher competitive environment, fuel prices, financial turmoil of some airlines and regulatory changes require the very best professional service providers dedicated to helping these companies succeed. We already advise many of the industry’s key players on the significant issues it faces. Throughout this crisis several European countries, including Malta, have been forced to initiate massive adjustments in many areas including fiscal policy, goods and service markets, and pension systems to overcome such hurdles.
These measures helped Malta promote competitiveness and the growth potential of our economy. The industry is also continually having to adapt to a growing demand for air transport in Asia, to new taxes, surcharges, and environmental and security requirements set by Governments. Some of these adaptations include the development of innovative alliances, joint‐venture structures, competitive solutions and cost efficiency studies to counteract high oil prices. Airlines continue to develop new ways to make their aircraft leases cost and tax‐effective. Many Governments worldwide continue to tentatively liberalise aviation markets to lower fares and/or increase quality of the services provided. PKF Malta ensures that their clients are well aware of these adaptations to enable them seize opportunities to enter new markets. The general feel is that radical restructuring of the air transport industry is inevitable and traditional lines of business must evolve to become truly globally focused enterprises.
www.pkfmalta.com
PKF Malta is a member firm of the PKF International Limited network of legally independent firms and does not accept any responsibility or liability for the actions or inactions on the part of any other individual member firm or firms.
2
New trends are being fuelled by regulatory changes that aim at establishing agreements between the European Union and the United States, often referred to as ‘Open Skies’ agreements. ‘Open Skies’ are likely to lead to key driver consolidation in the market as the major players seek to gain control over the most lucrative routes. At PKF Malta, we constantly challenge ourselves to improve our services to accommodate these complex changes.
Our Team The specialised and dedicated professional team at PKF Malta ensure that we keep abreast with the continuous developments of the aviation sector. Services provided by PKF Malta in this sector include: - Corporate structuring/re‐structuring - Corporate re‐domiciliation - International Tax Planning/Consultancy - Licensed fiduciary/Trustee Services - Registration for Fiscal schemes - Employer/e and Resident Registrations - Mergers and Acquisitions - Financial due diligence - Risk Assessment - Pay‐roll - Annual accounts - Internal audit - Statutory audits - VAT compliance - Fiscal Compliance PKF Malta operates with severe quality controls guaranteeing the required standards. For more information on PKF Malta visit www.pkfmalta.com and for PKF International visit www.pkf.com. Having a Global Presence The global reach of PKF enables us to efficiently provide professionals prepared to address the business challenges of our clients. Our team is flexible and carries the expertise of aviation specialists. We integrate the appropriate blend of sector specific knowledge with functional expertise from across our international network to provide seamless solutions to our clients. The needs of aviation, transportation and related businesses can be complicated by the existence of corporate structures in different domiciles; however we strive to simplify matters for our clientele.
We pay special attention when assessing the implications of local laws, taxation, licensing, and regulatory issues. In addition, we work closely with many leading aviation consultants including lawyers, engineers, and aircraft appraisers and obtain their services whenever necessary. PKF Malta is a leader in the provision of tax, corporate re/structuring, audit and advisory services, in the aviation sector. It is honoured to have assisted internationally renowned names in the aviation sector, to land themselves on our aviation register.
Why Malta? Malta, a member of the European Union in the central Mediterranean is ideally located to support aviation growth both within and outside Europe. Malta's respected flag and established connections with both European and non European states makes it ideal as a platform for establishing a base for global operations. Maltese legislation is particularly geared up to offer numerous advantages and incentives to operators wishing to take advantage of these benefits. Compared to other EU members, Malta has seen far more robust economic momentum in recent years. We have benefited from the relatively solid condition of our public and private finances, as well as our high level of international competitiveness.
www.pkfmalta.com
PKF Malta is a member firm of the PKF International Limited network of legally independent firms and does not accept any responsibility or liability for the actions or inactions on the part of any other individual member firm or firms.
3
Malta has witnessed growth in the aviation industry, attracting internationally renowned entities to set up operations in Malta. As part of its economic development strategy, Malta is supporting diverse sectors in the aviation industry, including, but not limited to, maintenance, repair and overhaul operations, back‐office setups, research and development and the production of aircraft components. The country is implementing initiatives to continue growing and supporting this industry, with the ultimate aim of becoming a “one‐off destination” in the aviation sector and boosting aircraft registration. This reflects the country’s enthusiasm for the aircraft register to follow in the footsteps of the shipping register which is the second largest in Europe and the eight largest in the world.
“Our aim is to create a cluster specifically for the aviation sector where Malta can attract and support the growth of a number of businesses” Malta Enterprise, Government agency for economic development
PKF Malta believes that some of the key ingredients specifically linked to the success of Malta’s aviation sector, include the following: • Corporate taxation at the mere effective rate of 5%
following refunds; • The possibility of a lower rate with tax planning and
over 60 double taxation treaties in place; • Ratification of Cape Town Convention; • Re‐domiciliation of Companies whereby a company may
change its domiciled and be placed on the Maltese register of companies, without having to be wound up in the country of original registration. A company may also opt to change its administration and control to Malta. In both scenarios, the company may be subject to the beneficial fiscal incentives provided for by our legislation;
• Personal income tax at 15% provided that person earns
over Euro 75,000 per year from employment with entities licensed in the aviation industry, as well capped social security amounts;
• Finance Leasing of aircrafts and beneficial fiscal incentives in this field;
• No Withholding taxes on aircraft lease payments; • Registration of Fractional ownership of an aircraft; • Registration of aircraft under construction; • Use of trusts for aircraft registration ; • VAT exemptions on certain aircraft activity; • High safety and quality standards; • Attractive location and good network of Air Service
Agreements; • Solid and stable banking sector; • A range of services offered, including aircraft and
engine maintenance, aircraft maintenance, training and ancillary support services ;
• Professional technical and support; • A Maltese AOC is an internationally recognised AOC
(EU OPS) of the highest standard in the industry; • Malta is an EU member and as such a Maltese
registered aircraft has freedom of movement within the EU countries, both on international and internal flights;
• The business and legal language in Malta is English,
a recognised international aviation language; • The current size of the Maltese register and Civil
Aviation authority, ensure efficiency and a quick reaction time to all aircraft registration and AOC applications;
• Initial and recurrent fees associated with operating
a business jet in Malta are amongst the cheapest in Europe. Similarly, office and employment costs in Malta are also cheaper than mainland Europe.
www.pkfmalta.com
PKF Malta is a member firm of the PKF International Limited network of legally independent firms and does not accept any responsibility or liability for the actions or inactions on the part of any other individual member firm or firms.
4
A revamped Aircraft Registration Act, 2010 ‐ Taking Malta to new heights
Aircrafts are registered in Malta under the national regulator, namely Transport Malta, Civil Aviation Director. Besides being easily accessible, and highly professional, they ensure that our legislation is in line with the highest safety standards.
The "Aircraft Registration Act, 2010" has entered into force with effect from October 2010 pursuant to Legal Notice 446 of 2010. Malta has also acceded to the Cape Town Convention on International Interests in Mobile Equipment and its Aircraft Protocol.
The Act regulates:
• the registration of aircraft and aircraft mortgages; • the ranking of secured creditors; • the aircraft register; • the recording and enforcement of aircraft mortgages
and other interests in aircraft; • the implementation of the Cape Town Convention on
International Interests in Mobile Equipment and its Aircraft Protocol and its interface with domestic law
• the special privileges on aircraft;
What’s new?
• Permitted registration of irrevocable de‐registration and export power of attorney Recognition of fractional ownership of aircraft;
• Widening of registration possibilities for aircraft not used for (commercial) air service; and
• Other special power of attorney granted as security.
Advantages under the new law and other related legislation:
• Broader registration possibilities; • More visibility of rights and interests in aircraft; • Encourages the development of finance and operating
leases of aircraft and provides clear rules on the tax treatment of the finance charge, available tax
deductions to finance lessors and capital allowances for lessees;
• No withholding tax on lease payments where the lessor is not a tax resident of Malta;
• Competitive minimum depreciation periods for aircraft;
• The private use of an aircraft by an individual who is not resident in Malta and is an employee/officer of an employer/company/partnership whose business activities include the ownership/leasing/operation of aircraft used for international transport does not constitute a taxable fringe benefit;
• Implements the provisions of the Cape Town Convention on International Interests in Mobile Equipment and its Aircraft Protocol thereby granting secured lenders a higher degree of protection and more effective remedies whilst allowing lower borrowing costs.
Who may an register aircraft?
• An owner of the aircraft who operates the said aircraft;
• An owner of an aircraft under construction or temporarily not being operated or managed;
• An operator of an aircraft under a temporary title who satisfies the conditions as may be prescribed;
• A buyer of an aircraft under a conditional sale or title reservation agreement which satisfies the conditions which may be prescribed and who is authorised to operate the aircraft.
www.pkfmalta.com
PKF Malta is a member firm of the PKF International Limited network of legally independent firms and does not accept any responsibility or liability for the actions or inactions on the part of any other individual member firm or firms.
5
Persons eligible to register aircraft in Malta:
For any aircraft:
• the Government of Malta; • citizen of Malta or a citizen of a Member State of the
E.U. or of an EEA State, or Switzerland, having a place of residence or business in Malta, the E.U., the EEA, or Switzerland, including a person sharing in the ownership of such aircraft by virtue of the community of acquests subsisting between such person and a citizen as described above in whose name the aircraft is registered;
• an undertaking formed and existing in accordance with the laws of Malta, of a Member State of the E.U., of an EEA State, or of Switzerland and having its registered office, central administration and principal place of business within Malta, or the E.U., or the EEA, or Switzerland, whereof not less than 50% of the undertaking is owned and effectively controlled by the Government of Malta, or by any Member State of the E.U. or by persons referred to above, whether directly or indirectly through one or more intermediate undertakings.
For private aircraft:
• A natural person who is a citizen of, or an undertaking established in a member country of the Organisation for Economic Co‐operation and Development and any other country approved by the Minister by notice for the purposes of the Act (termed “International Registrant” in the Act), provided it
o has legal capacity to own / operate an aircraft in terms of law;
o appoints a local resident agent to represent the owner in Malta for matters concerning the registration of the aircraft;
o complies with applicable regulations/guidelines.
Fiscal Regime
Malta is renowned to be a tax‐efficient base for international business operations, providing innovative tax planning opportunities upon re‐domiciliation to Malta of foreign companies conducting international aviation operations. Some examples of such efficiency are: • Income from aircraft used for international
transport • Income derived from the ownership/lease/
operation of aircraft or aircraft engines used for international transport is considered to arise outside Malta for tax purposes, irrespective of the aircraft’s country of registration or whether the aircraft calls at, or operates from, a Maltese airport. This provides some interesting planning opportunities for entities carrying on business in the aviation industry. It ensures that the leasing of aircraft/aircraft engines by non‐residents to Maltese‐resident lessees is not subject to Maltese income tax. This applies irrespective of whether a double taxation treaty between the Malta and the country of residence of the lessor is in place or not. It opens up to Maltese‐resident aircraft lessors/operators the opportunities applicable under Maltese tax law in respect of foreign source income, whilst enabling them to make use of Malta’s double tax treaty network where applicable. Therefore, for instance should conditions apply, aviation income receivable by a foreign incorporated Maltese resident entity, is only subject to tax in Malta if remitted to Malta. If a tax treaty applies, the profits derived from the operation of an aircraft in international traffic are taxable only in the Contracting State in which the effective place of management of the enterprise is situated.
• Tax refund on distributed profits. Aircraft leasing
and other profits derived by Maltese incorporated and Maltese resident entities from international air transport operations are taxable at the corporate rate of 35%. However, on distribution of these profits, the imputation system applies with qualifying share‐holders being entitled to a refund of 6/7ths of the tax suffered on the distributed profits, subject to satisfying the statutory conditions.
www.pkfmalta.com
PKF Malta is a member firm of the PKF International Limited network of legally independent firms and does not accept any responsibility or liability for the actions or inactions on the part of any other individual member firm or firms.
6
• Taxability of lessors and deductibility of lessees. In case of operating leases, the lessor is taxable on the profits derived from such leasing income. If the lessor maintains the burden of wear and tear, capital allowances are able to be offset against such income. In finance leases, the lessor is chargeable to tax solely on the interest element of the lease, with no deduction being available for capital allowance. Lessees may claim a deduction for lease payments in case of an operating lease, as well as capital allowances if the burden of wear and tear falls on them. In finance leases, a lessee is allowed a deduction in respect of the finance charge, maintenance, repairs, and insurance.
• Minimum depreciation periods. Aircraft airframes, engines and associated overhaul are written off for tax purposes over a period of not less than six years, whilst interiors and other parts are written off over a minimum period of four years.
• Private use is not a taxable fringe benefit. L.N. 292 of
2010, the Fringe Benefits (Amendment) Rules 2010, provide that the private use of an aircraft by an individual who is not resident in Malta and who is an employee of an entity whose business activities include ownership, leasing or operation of aircraft/aircraft engines used for international transport of passengers/goods shall not be considered a fringe benefit and is therefore not taxable as a fringe benefit.
• Tax credits to Maintenance, Repair or Overhaul
operations. Malta grants tax incentives, in line with the EU Framework on Regional Aid, to companies which are involved in the maintenance, repair or overhaul of aircraft, engines or associated equipment, in the form of a tax credit. The extent of the tax credit depends on the level of investment which such company has made during the year or in prior years, and whether the company is considered to be a small, medium or large enterprise.
• Double taxation agreements. Malta has an extensive
network of double taxation treaties with over 60 countries and is continually seeking to extend this network. In the case of treaty
• Currency of tax payments/refunds. Companies
incorporated in Malta are permitted to denominate their share capital in any convertible currency, and that currency is then used for the payment of taxes due and, for any tax refunds that may be due.
• VAT. The supply of aircraft for use by airline operators for reward, chiefly for international transport of passengers/goods, is exempt from VAT. The same principle applies for intra‐community acquisitions/importation of aircraft. There is no exemption in the case of aircraft acquired for non‐business purposes
Quality Standards
Safety and quality are a top priority for Transport Malta’s Civil Aviation Directorate. As the national regulator, Transport Malta is responsible to ensure a high level of standards in aviation and to establish and manage an aviation safety oversight system. This system ensures that the recommended practices of the International Civil Aviation Organisation (ICAO) and the more stringent requirements set out by the European Union, are effectively adhered to. Although the recent developments in legislation include a number of attractive measures and incentives for increasing aviation business, safety and quality will never be comprised. As part of the process in registering an aircraft, Transport Malta performs inspections to ensure that an aircraft complies with safety and other regulations. This includes ongoing monitoring by Transport Malta of the operator’s activities and its aircraft’s continuous airworthiness. Malta also operates under a strict safety regulation regime in accordance with the standards set out by the European Aviation Safety Agency (EASA).
www.pkfmalta.com
PKF Malta is a member firm of the PKF International Limited network of legally independent firms and does not accept any responsibility or liability for the actions or inactions on the part of any other individual member firm or firms.
7
EASA requirements tend to be more detailed than ICAO standards and often impose higher standards. Malta’ safety record in aviation is excellent and according to the Steering Committee by the Ministry for Infrastructure, Transport and Communication’s ‘Establishing a successful Maltese Aviation Register’, it is held in the highest regard by the US Federal Aviation Administration (FAA) and the ICAO. Over the years, a local college has invested heavily in aviation maintenance workshops, enabling it to become an approved EASA aviation maintenance training organisation. This local college now provides the market with adequately trained personnel in aviation maintenance.
PKF Malta…
Offering international services that speak your language
For more information please contact:
Mr George Mangion FCCA, CPA, MA (Fin. Services) Partner, PKF Malta Or Sarah Tua Dip. Tax, LL.D, Adv Legal Officer P: +356 21 484373; +356 21 493041 F: +356 21 484375 E: [email protected] W: www.pkfmalta.com 35, Mannarino Road, Birkirkara, BKR 9080, Malta
Disclaimer
This publication should not be regarded as offering a complete explanation of the matters that are contained within this publication. This publication has been distributed on the express terms and understanding that the publishers and or the authors are not responsible for
the results of any actions which are undertaking on the basis of the information which is contained within this publication, nor for any error in or omission from this publication. The publishers and or the authors expressly disclaim all and any liability and responsibility to any person, entity or corporation who acts or fails to act as a consequence of any reliance upon the whole or any part of the contents of this publication. Accordingly no person, entity or corporation should act or rely upon any matter or information as contained or implied within this publication without first obtaining professional advice from an adequately qualified professional person or firm or advisors and ensuring that such advice specifically relates to their particular circumstances. No legal or investment instruction is intended. The opinions expressed are strictly those of the authors. Reproduction in whole, or in part, by any means without written permission of the publisher is strictly prohibited.