⚓ Malta 2025: Legally compliant yacht utilisation instead of tax illusions

For many years, Malta was regarded as the European model location for tax-optimised yacht structures. However, with the end of the former lease model, a new reality has emerged: Today, Malta no longer stands for tax simplification, but for legally robust, asset-based yacht utilisation within a strict EU framework.

If you are considering registering or operating your yacht under the Maltese flag, you should be fully aware of the current conditions and opportunities.

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🧭 What you need to know about Malta today

Following the end of the Malta Lease Scheme in 2018, special tax models no longer exist. Instead, Malta focuses on regulatory quality, transparent procedures and digital processes.

You will benefit from Malta today if you are prepared to

• Establish real substance on site (e.g. office, management, accounting),
• pursue a professional utilisation concept,
• fulfil the requirements of EU authorities – especially your local tax office.

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⚠️ What no longer works

Fictitious utilisation for VAT reduction
Paper companies without operational reality
“Private fun purchase” without a structured charter concept
Today, Malta is no place for tax-motivated short-term projects. You need substance, discipline – and experience.

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📊 What opportunities does Malta offer today?

Indicative lease model (2024)
Leasing according to real economic parameters (no tax model), pre-approved by the Maltese VAT authority.

Professional charter operation
ISM/ISPS compliance, STCW crew, full EU reporting structure – suitable for yachts from approx. 24 metres.

Structuring via holding and operating companies
Ideal for institutional owners, family offices or non-EU UBOs with EU access.

Sustainability incentives
Incentives for hybrid drives, ESG-compliant structures, green flag initiatives.

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✅ Why Malta is still a relevant location

• Digital registration & fast flag management
• IMO-compliant flag policy, white list status
• High international acceptance by banks & insurers
• Flexible company models (PCC, Ltd, Foundation)
• Possibility of fleet structuring and joint ventures

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⚖️ Malta vs. Croatia – Two Paths, One Objective

Comparing EU-Compliant Yacht Structures for Professional Operation

Criteria	Malta	Croatia
VAT on Charter	18%	13% (weekly) / 25% standard
Substance Requirements	High (mandatory for EU-based UBOs)	Moderate
Administrative Burden	High (formalized, annual compliance)	Moderate (proven in practice)
International Recognition	Very high (IMO, White List, Paris MoU compliant)	Limited
Flag State Protection	Comprehensive (incl. ISM/ISPS structures possible)	Limited (below 500 GT easier to operate)

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📌 When is Malta the right choice?

Malta may be the right jurisdiction for you if:

• You operate a professional charter yacht over 24 meters in the Mediterranean,
• You require international structuring with strong flag state recognition,
• You are an institutional owner or UBO seeking full regulatory acceptance,
• You are prepared to establish real economic substance in Malta (e.g. office, management, accounts).

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❌ Malta is not ideal if:

• You plan to use a yacht exclusively for private purposes (<24 m),
• You are not willing to establish operational presence in Malta,
• You are seeking a tax-only setup without business reality – these are no longer viable.

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📞 Let’s discuss your project

Since 2012, we have supported clients in structuring their Malta-based yacht operations through our trusted partner office in Valletta.
We are happy to assess with you whether Malta is the right fit – or whether a more practical solution like Croatia may serve your interests better.

• ✉ mail@der-yacht-anwalt.de
• ☎ +49 – 69 / 663 779 0

The Yacht Attorney®

Trusted expertise for compliant yacht structures in Malta.
Experienced. EU-compliant. Solution-oriented.

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Lesen Sie dazu:

• https://superyachtforum.eu/der-aktuelle-stand-zum-thema-yacht-leasing-steuern/
• https://superyachtforum.eu/malta-verwendet-nun-aehnliche-leasing-konditionen-wie-italien-oder-frankreich-nur-fuer-grosse-yacht-mit-hohem-off-shore-anteil-sinnvoll/
• Rechtliche und steuerliche Superyachtoptimierung >> ab S. 122  https://www.streifzugmedia.com/streifzug-yachting-2021/

We shall guide you with our Malta-solution legally in Full-Service.

• BFH-UrtBFH-Urteil vom 27.07.2016, I R 8/15, BStBl. II 2017, S. 214
• BFH-Urteil vom 27.07.2016, I R 8/15, BStBl. II 2017, S. 214
• EuGH-Urteil vom 04.10.2017, 164/16, DStR 2017, S. 2215 (Mercedes Case)