Learn more about what clients say about us.
IMPORTANT: Dr. Werner & Partner attaches great value to its reputation as an honest and transparent law firm. Therefore, we will refuse requests that are purely tax motivated. We also advise companies to incorporate in Malta only if we believe it’s worthwhile for you. Conversely, what this means for you is that if we decide to partner with you, you can assume that your decision has been examined by us from all sides and that you will receive the best possible support and advice.
Many entrepreneurs who can work independently of location are drawn to our Mediterranean island every year. The company in Malta – usually combined with a holding company – offers entrepreneurs the necessary conditions to do business all over the world.
In particular, access to the EU Single Market opens up the possibility for founders of a company in Malta to conduct business in the EU without any additional effort. It is precisely the possibility that the EU’s freedom of establishment brings with it that is decisive in this regard.
Gigabit internet, daily international flights, English as the official language and the largely digitalised authorities are further advantages that make Malta the ideal location for you.
Together with a team of lawyers & tax experts, we analyze your situation.
Should a company in Malta be likely to succeed, we will propose a suitable corporate structure to you.
In a comprehensive incorporation and compliance check, various topics are examined - this is how we ensure legal conformity.
Afterwards, our experts will establish your company(ies) for you. You will also be included in our client system.
Many entrepreneurs move to the Mediterranean island of Malta every year. There are many reasons for this, and Malta has become a hotspot for many industries. The island is particularly popular with entrepreneurs who can generate income independently of their location.
However, anyone wishing to set up a company in Malta must meet various requirements – otherwise you can often only partially benefit from the advantages.
Let us list some of the advantages and requirements.
We understand that you want to set up a company in Malta – there are many good reasons for this and on paper anyone can set up a company in Malta.
And yet we cite a number of requirements that should be met.
Why?
Setting up a company in Malta is a big step, partly because many of the advantages only really come into play when you relocate to Malta.
We want to make sure that you are aware of the effort involved in such a venture.
If, given your circumstances, we come to the conclusion that you cannot benefit from Malta in any sustained way, we will inform you accordingly – and unfortunately we will then have to reject the mandate.
Our clients appreciate us for our honest and far-sighted advice (read more about what our clients say about us) – we would like to maintain this reputation, even if it means that we cannot work together.
There are many reasons for company formation in Malta. However, there are also reasons against it. When we talk to you in our free initial consultation, we want to pinpoint:
What are the advantages of company formation in Malta? What are the arguments against company formation in Malta?
It is important to understand how the international tax law works in principle: During the phone conversation with you, we will put the analytical focus on topics such as the centre of your life, your place of business activity and tax potential.
Our consultation telephone call is particularly intended to help you to make a decision as to whether or not setting up a company in Malta is the right solution for you personally.
We have collected some common questions which we hear frequently during the initial consultation and which we would be happy to answer for you.
Important: Even if your personal question does not appear in the collection, this does not mean that the consultation phone call cannot help you further. On the contrary: We are curious to get to know your own specific questions
Once you’ve made the decision to grow your business outside of your home country, you will quickly realize that there are many regulations and laws that make it difficult for you to relocate your company.
Relocating the center of your life and/or business abroad always means the loss of tax revenues for the country you’re moving from, which means the country you’re moving from won’t make it easy for you.
In addition, the constantly changing and emerging laws in the international context on a national and international level will require your consistent attention. This means, in particular, the G20, OECD, and EU regulations as well as the tax authorities fighting with the entire range of possibility of tax evasion. What this means for you as an entrepreneur is that if you are considering a change of location purely for tax reasons, you should abandon your plan yesterday—in the long term, such setups will rarely meet with success.
As you might guess, relocating a business means a lot of bureaucracy and knowledge about the applicable regulations.
However, the sheer volume of these is no reason to panic. There are some ways to simplify the relocation of your company headquarters. Directives and laws within the EU that operate in your favor include, for example, double taxation agreements (DTAs), the EU parent-subsidiary directive, and the freedom of establishment or non-domicile residence.
In short: Yes, setting up a business abroad that’s designed for long-term success is complex. Our tip to you? Leave nothing to chance. Seek advice from experts who are familiar with the relevant regulations and can help you.
But watch out: Numerous techniques that worked 10 years ago no longer work today. Conversely, what this means for you is that bad/outdated advice not only costs you time, but also possibly a slice of your profits later on.
In addition to the aspects mentioned above, there are many other regulations that should be observed when founding a business abroad. For example, it’s required that you do not have the right of domicile or the right of entry to an apartment in your country of origin. If you do and the tax office catches wind of it, you’ll find yourself accused of tax evasion in rapid order. In this case, the burden of proof is reversed, and you must be able to show to the tax office that you actually live in Malta. In Malta itself, or in any other emigration destination, for that matter, the issue of substance and value creation is an essential point.
Meanwhile, that tax evasion offense also counts as money laundering. Any advisor who is a subject person and is regulated under the anti-money laundering guidelines must report Suspicious Transaction Reporting (STR) to the Finance Intelligence Unit immediately upon suspecting wrongdoing. In layman’s terms? What that means is that advisors are obligated to report you to the authorities as soon as they get a whiff of a money-laundering offense.
CAUTION: “Advisors” who merely set up shop without advising are not subject to this disclosure requirement. However, such company structures as this are doomed to failure because they’re not observing applicable regulations. They may carry on for a few years, but sooner or later a tax office is going to catch on and slap you with additional, retroactive payments (up to 10 years).
The law firm of DWP Dr. Werner & Partner has an international team, with both Maltese and German consultants. This is an advantage for you, as German tax law has been and still is leading the way for all changes in international tax law in recent years. Ultimately, the orientation towards German tax law has resulted in our clients being in the best possible position and having to undertake only minor restructuring, even after EU and OECD changes.
In addition, our advisors have many years of experience and have been able to grasp and penetrate all legislation and measures of states and are always eager to anticipate developments.
OUR KEY FOCUSES
Our firm is the leading German-speaking law firm in Malta. We have been advising clients from all over the world for years on international tax, company formation Malta, relocation to Malta and more. Our focus is on comprehensive pre-incorporation advice – free of charge.
ALL-In-One-SolutioN
Dr. Werner & Partner has been serving clients for over 15 years and starts by offering you a free consultation in English, German, Russian, or Brazilian Portuguese. Dr. Werner & Partner’s broad service portfolio means that you receive comprehensive services from a single source. Even if you don’t benefit from all Dr. Werner & Partner’s services, at the very least it’ll behoove you to listen to the know-how of all our various specialists and see how the advice we provide is truly holistic.
"The incorporation as itself is only the smallest part of the exercise. Consultation should therefore always be the focus."
Philipp M. Sauerborn, CEO DWP Dr. Werner & Partner and certified tax advisor
Lawyer Dr. jur. Jörg Werner is the founder of the law firm and came to Malta in 2011. In the course of his career, Dr. jur. Jörg Werner has focused on international corporate law. Before moving to Malta, he managed a medium-sized German company in England.
Recognised international tax expert and Managing Partner of the firm. In the early stages of his career Philipp Sauerborn worked for Ernst & Young and Price Waterhouse Coopers in Zurich. Later he joined the tax firm St. Matthew in London as Head of Department and after three years there became Managing Director and Partner.
Mr. Wickinghoff has more than 15 years of professional experience in advising on company set-ups. He gained his expertise in London until he ultimately moved to Malta 10 years ago and has been advising entrepreneurs ever since. Mr. Wickinghoff thinks in a customer- and solution-oriented way, which is why he is highly appreciated by his clients.
You describe your current situation and what you want to change.
We analyse with you important factors for company formation in Malta.
We will give you our recommendations for action in your case.
Advice on protective mechanisms of international tax law, e.g. exit taxation for companies and/or individuals; relocation of functions
Establishment of the centre of life in Malta; giving up the residence outside Malta
Qualified share exchange under the EU Merger Directive
Advice on active holding companies to avoid contract overrides and/or contract shopping (e.g. in the context of EStG 50 D3)
Advice on building up substance in Malta and reducing substance abroad
Advice on achieving non-dom status in Malta
Advice on the legally compliant structuring of a Maltese group
International structure, e.g. non-resident holding companies
Establishment of a Maltese entity
Business model analysis and related consulting
For us, trust in each other and in each other is the basic foundation for long-term partnerships.
We expect honesty and are honest. If we don’t think your business is suitable, we will reject your request.
To protect your data, we have established various internal rules and compliance guidelines to ensure this.
You’re facing an important decision and are unsure whether and how to proceed?
You’re an entrepreneur and want to grow with your company beyond national borders? Are you looking for a partner you can trust?
Then let us advise you and find out how we can take you and your business to the next level.
Profit from our ambitious team and network!
Learn more about what clients say about us.
© 2020 DWP Dr. Werner & Partner – All rights reserved
