As a general rule, all transfers of immovable property are subject to a final withholding tax of 8% of the transfer value of the property. This being said, the Income Tax Act (ITA) provides for several exceptions to the general rule, such as:
If the property being transferred was acquired before 1 January 2004, a 10% final withholding tax shall apply;
A sole residential property which is sold within three years of acquisition shall be subject to a final withholding tax rate of 2%. On the other hand, if a residential property has been owned and occupied for at least three consecutive years, the transfer shall be exempt from income tax;
Transfers of property which do not form part of a project shall be subject to a final withholding tax of 5%, if transferred within five years from the acquisition date;
If a property was inherited before 25 November 1992, or the said inheritance happened on or after 25 November 1992 and the property is transferred using a judicial sale by auction, the final withholding tax rate shall be 7%;
A 12% tax rate shall apply on the difference between the transfer value and the acquisition value (as declared in the causa mortis deed) if the property being transferred was either:
inherited by the transferor after 24 November 1992; or
acquired in terms of a donation made more than five years before the transfer.
In principle, duty is charged at the rate of 5% (€5 for every €100 or part thereof) upon the acquisition or inheritance of immovable property in Malta, however, there are various exceptions to the general rule, such as:
The ITA and the Duty on Documents and Transfers Act (DDTA) provide for several other exemptions and exceptions, such as the recent new tax benefits which apply to transfers made by not later than 31 December 2024. These benefits shall apply to individuals who acquire or sell immovable property which is either
Should the property being transferred fall within either of the above scenarios, there shall be an exemption from final withholding tax and an exemption from duty on the first €750,000 of the value of the property being transferred. Whenever the transfer value is higher than €750,000, the excess is taxed at the normal rates of tax.
No relief from income tax and duty shall be allowed if the transfer is made to a person who requires a permit for the Immovable Property (Acquisition by Non-residents) Act or who would have required such permit had the property acquired not been situated in a specially designated area.