Malta has introduced substantial amendments to its beneficial ownership framework through the Companies Act (Register of Beneficial Owners) (Amendment) Regulations, 2026, published as Legal Notice 184 of 2026 and in force since 10 July 2026.
Legal Notice 250 of 2026 introduces an important amendment to Malta’s rules on duty payable on certain transfers of shares and property used in a family business.
The amendment extends the reduced duty rate of 1.5% to certain acquisitions through inheritance (causa mortis).
The new provisions address situations where a person had genuinely intended to donate qualifying company shares or immovable property used in a family business during their lifetime, but passed away before the transfer could be completed.
To benefit from the reduced rate, the intended donation must satisfy the applicable legal conditions, and the relevant shares or property must have been inherited by the person originally intended to receive them.
The intended donation must also be supported by appropriate written evidence, which may include a sworn declaration by a warranted advocate, notary, certified public accountant or other accepted professional.
The new provisions apply where the deceased passed away after 31 December 2025. The relief is not automatic and remains subject to the necessary verification and approval by the Commissioner.
This amendment is a welcome development for family business succession planning, offering relief where an intended lifetime transfer could not be completed due to the donor’s death.
