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Published:
28.07.2022
Last Updated:
25.02.2026
28.07.2022

Holding Companies

By
Jessica Desira
(
Corporate Tax Manager
)
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what's inside

Holding companies are widely used to hold personal, familyand business assets for governance, risk management, and long-term structuring.This publication outlines legitimate and compliant uses of Maltese holdingcompanies, ensuring clarity that these structures must operate with genuinesubstance and commercial rationale.

Family holding companies, business holding companies andspecial purpose holding companies can be used in asset structuring for avariety of legal and tax considerations. Here are some of the most common usesof holding companies.

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As the name suggests, holding companies are widely used to hold one or more personal, family and business assets. Family holding companies, business holding companies and special purpose holding companies can be used in asset structuring for a variety of legal and tax considerations.  Here are some of the most common uses of holding companies. 

Investment Holding Companies 

Families are most protective with the holding of their investment portfolios and personal trading/brokerage accounts where capital is allocated to a dedicated Investment Holding Company and is managed either inhouse or with the help of asset managers. 

Special Purpose Holding Companies 

Often specific assets are acquired and held by Special Purpose Vehicles (SPVs) for risk management, exit strategy and tax considerations, at times to allow for external investment while ring fencing other valuable family holdings.  

Asset Holding Companies  

A holding company may be used to hold a variety of assets, but best practice may dictate the segregation of assets by type, by purpose or by use through the use of asset holding companies. For instance, real estate, private jets, yachts, art, antiques, and any high value assets tend to be segregated in a jet / yacht holding company, and art holdco, and so forth.  

Real Estate Holding Companies 

A real estate holding company or property holdco is a company used to acquire and hold immovable assets including residential and commercial real estate holdings. Often a real estate holding company is set up in the country where the property is situated. Alternatively, for legal, estate planning or tax planning reasons, a property holding company may be situated in an appropriate jurisdiction. Often property management companies are separate from real estate holding companies. 

Business Holding Company  

While personal or family holding companies are used to hold the family’s personal assets, holdings of a business nature can be grouped together in a business holding company. Often this bears the name of the specific business but holds assets such as intellectual property, plant and machinery and other business assets outside the business entity itself that bears the business’s operational risks. 

Family Holding Company 

It is common to see all the family’s asset holding entities grouped together in a family holding company that facilitates consolidated reporting and allows for liquidity pooling and financing. A family holdco allows the family office to present a strong well capitalised front on the negotiation table and deploys capital as required, but the family holding company is rarely the actual company that signs the deal when the ‘family office’ makes an acquisition.  The family office represents and negotiates for the family, the family holding company deploys the capital, possibly signing on the letter of intent and the appropriate holding company actually acquires the asset or signs up the investment. 
 

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Copyright © 2025 Chetcuti Cauchi. This document is for informational purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking any action based on the contents of this document. Chetcuti Cauchi disclaims any liability for actions taken based on the information provided. Reproduction of reasonable portions of the content is permitted for non-commercial purposes, provided proper attribution is given and the content is not altered or presented in a false light.

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what's inside

Holding companies are widely used to hold personal, familyand business assets for governance, risk management, and long-term structuring.This publication outlines legitimate and compliant uses of Maltese holdingcompanies, ensuring clarity that these structures must operate with genuinesubstance and commercial rationale.

Family holding companies, business holding companies andspecial purpose holding companies can be used in asset structuring for avariety of legal and tax considerations. Here are some of the most common usesof holding companies.

  • What We Do Not Promote: We do not endorse shell entities, conduit arrangements, structures lacking commerciality, or any setup used solely to obtain a tax benefit or circumvent international tax rules.
  • Genuine Economic Substance Requirements: Holding companies should operate with real substance, including decision-making in Malta, adequate resources, physical board meetings in Malta, commercial rationale, and full adherence to GAAR, ATAD, anti-hybrid rules, and transfer pricing legislation (amongst others).
  • Why Genuine Economic Substance Matters: Economic substance supports treaty access, reduces tax risk, demonstrates commercial rationale, supports audit integrity, and aligns with international expectations under OECD BEPS and EU frameworks.

Why This Matters & To Whom

This publication describes legitimate holding company structuring and does not promote shell, conduit, or artificially arranged entities. All structures must comply with Maltese tax law, international standards, and anti-abuse provisions.

Investment Holding Companies

Families are most protective with the holding of their investment portfolios and personal trading/brokerage accounts where capital is allocated to a dedicated Investment Holding Company and is managed either inhouse or with the help of asset managers.

Special Purpose Holding Companies

Often specific assets are acquired and held by Special Purpose Vehicles (SPVs) for risk management, exit strategy and tax considerations, at times to allow for external investment while ring fencing other valuable family holdings.

Asset Holding Companies

A holding company may be used to hold a variety of assets, but best practice may dictate the segregation of assets by type, by purpose or by use with asset holding companies. For instance, real estate, private jets, yachts, art, antiques, and any high value assets tend to be segregated in a jet / yacht holding company, and an art holding company, and so forth.

Real Estate Holding Companies

A real estate holding company or property holding company is a company used to acquire and hold immovable assets including residential and commercial real estate holdings. Often a real estate holding company is set up in the country where the property is situated. Alternatively, for legal, estate planning or tax planning reasons, a property holding company may be situated in an appropriate jurisdiction. Often property management companies are separate from real estate holding companies.

Business Holding Company

While personal or family holding companies are used to hold the family’s personal assets, holdings of a business nature can be grouped together in a business holding company. Often this bears the name of the specific business but holds assets such as intellectual property, plant and machinery and other business assets outside the business entity itself that bears the business’s operational risks.

Family Holding Company

It is common to see all the family’s asset holding entities grouped together in a family holding company that facilitates consolidated reporting and allows for liquidity pooling and financing. A family holding company allows the family office to present a strong well capitalised front on the negotiation table and deploys capital as required, but the family holding company is rarely the actual company that signs the deal when the ‘family office’ acquires assets. The family office represents and negotiates for the family, the family holding company deploys the capital, possibly signing on the letter of intent and the appropriate holding company acquires the asset or signs up the investment.

How We Can Help

At Chetcuti Cauchi Advocates, our Tax, Corporate and Legal Practices combine technical expertise with a practical, business-oriented approach to help clients navigate Malta’s evolving tax, corporate and legal landscape. We advise on corporate and international tax planning, ensuring compliance while optimising tax efficiency for businesses, high-net-worth individuals, and family offices.

Our services include:

  • Tax advisory: Assessing eligibility, requirements, and preparing election notices to the Commissioner for Tax and Customs.
  • Corporate Structuring & Cross-Border Tax Planning: Designing tax-efficient structures for multinational groups, holding companies, and investment vehicles.
  • Transfer Pricing & Substance Compliance: Ensuring alignment with OECD standards and Maltese regulations.
  • Tax Risk Management & Dispute Resolution: Representing clients in audits, investigations, and litigation before Maltese tax authorities.
  • Personal & Family Tax Planning: Advising on succession, wealth preservation, and relocation strategies.

With decades of experience and a multidisciplinary team, we deliver tailored solutions that balance legal compliance with strategic tax optimisation. For personalised assistance, contact our Tax Team.

Copyright © 2026 Chetcuti Cauchi. This document is for informational purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking any action based on the contents of this document. Chetcuti Cauchi disclaims any liability for actions taken based on the information provided. Reproduction of reasonable portions of the content is permitted for non-commercial purposes, provided proper attribution is given and the content is not altered or presented in a false light.

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