Malta – 0% Tax: Patent & Artistic Royalties

*Leaders in IP – Granted – USA 1st Ever Virtual Trademarks*

EU & Global Registration

Oppositions & Prosecution

Maintenance & Portfolio Management

Virtual / Reverse Branding

Securitisation, Monetisation, Audits, Forensic Accounting Licensing

Tax Efficient Structuring of Royalties

Acumum – a Leader in Intellectual Property

Acumum is undoubtedly a leader in international intellectual property, due to our extensive experience in this field.  Our Managing Partner, Geraldine Noel, was acknowledged by the United States Patent & Trademark Office (USPTO) as being the first ever recipient of a grant of a trademark for virtual goods & services during her employment with the world’s 1st gaming sporting virtual world (an MMORPG).

No matter how small or big your IP portfolio, from one off transactions to heavy weight portfolios, Acumum’s IP services are always cost effective and tailored to your business objectives.

What is Intellectual Property?

Trademarks, Patents, Image Rights, Design, Database, Moral Rights, Copyright

Intellectual Property (‘IP’) is now an essential asset of many businesses and contributes, significantly, to a business’ book value. Through its creation, maintenance and via strategic royalty routing to achieve effective tax reduction, a business can exploit its IP’s true asset potential.

In its many forms -patents, copyright, trademarks, domain names, industrial design, service marks, database rights, goodwill – IP is usually created and designed as part of an overall brand creation strategy; directing and protecting your business lines, products and services.

Whether you are trading in the virtual or real world, Acumum can help you achieve your IPs true potential.

Global Perspective; Global Reach

Just like your business’ reach, we employ a global perspective to IP and can help you to develop an IP portfolio to protect your business in the international markets.

Acumum can provide you with a variety of IP services

  • Creation, registration & maintenance of IP portfolios
  • IP search & monitoring
  • Licensing of R&D development, technology transfer, distribution
  • Structuring of royalty routing
  • Securitisation & monetisation
  • Audits & Forensic Accounting
  • Contract Compliance
  • Dispute resolution
  • Prosecution & litigation

 

0% Royalties Tax Exemption – Malta Holding Companies – Efficient Tax Structuring

The 0% tax exemption in respect of patents and artistic royalties makes Malta a jurisdiction of choice for entertainers, artists, musicians, sports persons and companies who operate internationally. With many companies creating or deriving substantial benefits from the use of intellectual property, whether by way of trademark, industrial design or patents, the creation, protection, maintenance and use of IP is critical to many businesses’ success.

Add to this an efficient tax planning and routing of income flowing from IP can substantially increase the bottom line of any company.

Malta’s IP royalty tax exemption regime applies to:

  • Royalties flowing from exempted IP are 0% income tax rated, no matter where the IP was created
  • Distribution of dividends from exempt profits of company are also 0% rated
  • Subsequent dividends distributed to higher tier shareholders are also 0% rated
  • 0% withholding tax on dividends suffer if the income is distributed to another Malta company or any company within the EU due to the Interest & Royalties Directive and the Parent & Subsidiary Directive
  • Royalty payments to go to outside of the EU? Malta’s extensive double taxation treaty network– currently over 60 worldwide – ensures no more than 10% taxation, which can be further reduced by the flat rate foreign tax credit (‘FRFTC’) to 6.25%[/toggle]

IP royalty audit, why have one?

Due to the complexity of license agreements and trade practices, the calculation of royalties due on such agreements can result in costly mistakes, resulting in loss of royalty income.

Costly mistakes that can occur:

  • Understated royalty rates
  • Unreported sales units / money
  • Overstated expenses deducted from royalties
  • Excessive free goods, reducing royalties paid
  • Unpaid royalty rate ‘bumps’ for gold and platinum sales
  • Accounting system errors resulting in underpaid / unpaid royalties

Such mistakes can result in the accrual of penalty clauses, misunderstandings and litigation.[/toggle]

Who should be interested in an IP audit?

Anyone who is either a producer (licensor) or rights or beneficiary (licensee) of rights.

  • Artists
  • record companies
  • Venture Capital (VC) and other Investors
  • Computer games companies
  • Distributors
  • Copyright societies
  • Book Publishers

International Operations – Transfer Pricing

Malta does not have transfer pricing or thin capitalisation rules.

With our background arising from multi – national operations, Acumum can advise your business in respect of OECD’s transfer pricing policies – as part of our overall review of your IP re-structuring and favourable IP royalties routing – as it relates to your associated companies in other jurisdictions.

Malta’s IP Treaty Memberships

Malta is a signatory to all major IP treaties:

• Berne Convention for the Protection of Literary and Artistic Works (1964)

• Paris Convention for the Protection of IP (1967)

• Universal Copyright Convention (1968)

• WIPO Agreement (1977)

• WTO TRIPS Agreement (1995)

• Patent Cooperation Treaty (2007)

• European Patent Convention (2007)

• Accession to the WCT & WPPT (2008)

• Accession to the Madrid Protocol (2009)[/toggle]

 

Whatever your budget, whatever your commercial objectives, Acumum can provide added value to your business’s assets and book value. Please contact us for more information.