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15% withholding tax on Collective Investment Schemes
Thousands of liri moving out of Malta
by David Kelleher
Thousands of liri have moved out of Malta following the decision
taken to impose a 15 per cent withholding tax on interest from
Collective Investment Schemes, banking sources have told The
Malta Business Weekly.
The sources said that the rate of deposits in local banks is
not increasing at the same rate as money moving out of Malta,
giving rise to fears that local investors are uncertain about
their local investments.
The sudden increase in money leaving the country resulted after
Finance Minister John Dalli announced in his budget speech that
as from next year all Collective Investment Schemes would have
to pay 15 per cent withholding tax on interest from underlying
investments. While this move was understood to have been taken
to remove an anomaly created in 1994, Mr Dallis mentioning
of gains in his speech created even more uncertainty among investors
who feared that any capital gains would also be taxed.
Despite a clarification that capital gains would not be taxed,
investors believed that the government was introducing a new
capital gains tax. Although this was not the case, investors
apparently did not want to take any risks and preferred to transfer
their investment out of the country.
Yesterday afternoon the Finance Ministry once again issued a
statement to clarify the situation.
Banking sources confirmed to The Malta Business Weekly that
a number of major investors had transferred considerable amounts
of money as Minister Dallis statement had created uncertainty
in the marketplace.
In 1994, the government introduced financial legislation
and one of the benefits introduced was the exemption from 15
per cent withholding tax on interest in collective investment
schemes. At the same time, those investing directly in government
bonds were taxed 15 per cent on interest, the sources
said.
Thus those who had direct bonds would have been better off investing
in collective schemes. This had created an unfair advantage
for those investing in CIS and the Finance Ministrys move
was aimed at creating a level playing field.
The uncertainty was created when Mr Dalli mentioned gains
in his budget speech. Although he was quick to rectify his statement
after meeting with stockbrokers and the banks, the damage had
already been done, the sources said.
Financial analysts told The Malta Business Weekly that for
most people tax efficiency was the most important factor. As
they are no lon-
ger attractive, people are moving their money
elsewhere.
It would have been a good idea for the government to reduce
the tax on interest to say five per cent. Thus the investor
would still stand to benefit. A better option would have been
to adopt the Luxembourg system, whereby a small charge would
be levied on the whole fund rather than taxing the income. It
would have brought in the same amount of money but caused little
harm to the investor, one financial analyst said.
Last week, Valletta Fund Management issued a statement saying
that investors in collective investment schemes listed on the
Malta Stock Exchange are still exempt from any capital gains
tax.
VFM general manager Charles Borg said: During the past
weeks we have done our utmost to clarify any misunderstandings
in respect of this issue. In fact, following a meeting with
representatives of the Ministry of Finance we are in a position
to confirm that investors in collective investment schemes will
still be exempt from capital gains tax on redemption of their
share in collective investment schemes.
Some have also said that the new regulation has created another
anomaly. While the government can easily collect dues on local
funds, the question that arises is how it will collect the 15
per cent withholding tax on foreign funds.
Contacted yesterday, John Dalli said the tax will be collected
from their agents here in Malta and that there are methods how
this can be done.
I am having final discussions with the practitioners on
how the 15 per cent withholding tax will be collected. A legal
notice to this effect will be published in January, Mr
Dalli said.



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