Jean-Philippe Chetcuti is Managing Partner of Chetcuti Cauchi Advocates. He advises internationally mobile families and family-held businesses on integrated immigration, private client tax, structuring and estate planning, with a focus on aligning mobility objectives with cross-border compliance, asset protection and long-term family strategy.
How our private client and immigration lawyers can help you
International mobility decisions are personal – but the steps to implement them need to be precise. Our American Desk combines our Private Client, US-Malta Tax Advisory and US-Malta Immigration teams support internationally mobile individuals and families with Malta-based planning, coordinated with cross-border structuring and compliance where relevant. We focus on clear pathways, practical sequencing, and advice clients can action with confidence.
Interview Q&A: Washington Times
[question]Please advise a brief overview of the full scope of areas your firm covers.[/question]
[answer]With 85 lawyers and professional staff, based in Malta’s legal and financial capital Valletta, Chetcuti Cauchi is a top-tier law firm providing integrated legal, tax, immigration, corporate and commercial law services to global high-net-worth families and their family offices. Chetcuti Cauchi is the Malta member firm for Andersen Global.[/answer]
[question]Please elaborate on your extensive experience serving wealthy families around the world, particularly from the USA and Latin America.[/question]
[answer]Typical clients from the US and Latin America are families with mature family businesses, both nationally and internationally. Key motivators include expanding their businesses outside the US, acquiring holiday homes or yachts in the Mediterranean, and opening their children to European colleges and universities, the European job market or European sports clubs. Inter-generational wealth transfer and estate planning is a key issue in the asset and business structuring we do for these clients. We help set up family asset holding companies or trusts, European property ownership structures and coordinate their European–US tax compliance work.
A growing category of clients for the firm are innovation and technology entrepreneurs who have experienced a significant liquidity event or who are keen to scale up their business and take it to Europe. We have handled immigration processes for clients even in their twenties and helped set up or structure their European family office and coordinated their property and asset ownership across Europe.[/answer]
[question]What tax regimes are available for foreign nationals, both personally and commercially, that could be of interest to US investors and families?[/question]
[answer]The acquisition of Maltese citizenship or permanent residence in Malta by itself does not change the tax treatment of an individual or family unless they spend more than 183 days in Malta or demonstrate an intention to reside ordinarily in Malta. An American citizen would continue to be taxed in the US in accordance with continuing obligations under US tax law.
Individuals who are non-domiciled residents of Malta are taxed only on income or capital gains arising in Malta, and foreign income only if received or remitted in Malta.
A number of special tax status programmes allow specific categories, including retirees and HNW investors, to benefit from a flat rate of 15% on foreign income remitted to Malta. For highly qualified executives in specific sectors, this special tax status and hence the flat rate of 15% applies to their Maltese salaries.
Malta’s limited liability companies and irrevocable discretionary trusts enjoy the familiarity of US lawyers and can be used for asset protection, asset ownership as well as actual trading activities. Trusts can elect to be taxed as companies, enjoying the full participation exemption on qualifying dividend income, or to be taxed as look-through entities so that the underlying beneficiaries pay tax in their own name wherever they are tax resident.[/answer]
[question]Why is Malta an attractive and viable solution for US high-net-worth individuals in particular?[/question]
[answer]In recent years, Americans spend more time in Europe, expand their businesses outside the US, acquire holiday homes or yachts in the Mediterranean, and open their children to European colleges and universities, the European job market or European sports clubs. To achieve this, Americans seek to revive their American ancestral roots or explore opportunities for European citizenship and residence solutions. Malta ticks all the right boxes as a European base for families and businesses alike for these reasons:
• A reputable framework underpinned by a robust due diligence process to ensure that only fit and proper applicants are given access to Malta’s residence and citizenship pathways, including discretionary naturalisation routes such as Citizenship by Merit.
• A jurisdiction with an established tradition as a transparent and compliant international financial centre with a tested legal and tax system for international investors and entrepreneurs.
• Advanced, at times industry-leading legal frameworks for niche industries, especially the innovation and technology sectors, including blockchain, biotech, aviation and superyacht.
• A family-friendly, safe environment and a cost-effective yet high standard of living.
• A self-sustaining, fast-growing economy within the European Union.[/answer]
[question]What key insights should globally mobile families take away from this interview?[/question]
[answer]Globally mobile families increasingly demand a holistic approach to residence and citizenship ambitions, covering thorough estate and tax planning, so niche expertise in tax, estates and immigration is essential. Lawyers serving the ultra-rich must invest in specialist risk management, sanctions and financial analysis capabilities to ensure top-notch yet compliant services are provided. Families should also align their personal, business and professional lifestyles with their chosen destination to support genuine engagement and resilience, particularly in times of significant geopolitical events.[/answer]