Malta company formation and MGA gaming licences

Malta remains the reference jurisdiction for licensed online gambling in the EU. It is not the cheapest option, and it is not a place to incorporate casually — but for an operator that needs an EU licence banks and payment providers respect, nothing replaces it.

Effective tax

5–19% after refunds

Formation

~10 days

Regulator

Malta Gaming Authority

Best for

Gambling, gaming, iGaming B2B

Why operators choose Malta

Malta is an EU member state with an English-language legal system, a mature gaming regulator and a deep local supply of compliance, audit and payments expertise. An MGA licence is understood by acquirers, PSPs and banks across Europe — which in practice means better processing rates and fewer onboarding refusals than a comparable offshore licence.

The trade-off is scrutiny. The MGA reviews ownership, funding, game fairness, player-fund protection and responsible-gambling controls, and it supervises continuously after grant.

Corporate structure and tax

The standard vehicle is a private limited liability company. Headline corporate tax is 35%, but Malta's full imputation and refund system commonly brings the effective rate on distributed trading profits to about 5%, with other refund fractions producing higher effective rates depending on income type. Holding structures frequently use a Maltese operating company beneath a holding entity.

The refund mechanism is a tax system, not a loophole — it requires proper accounting, audited statements and timely filings to work as intended.

  • Private limited company, minimum share capital of €1,165 (20% paid up).
  • At least one director and a company secretary; local directors support substance.
  • Registered office in Malta, audited annual accounts, VAT registration where relevant.
  • Effective tax commonly 5% on distributed trading profits via the refund system.

MGA licence classes

Applications run in stages: fit-and-proper review of owners and directors, a business and financial plan, operational and statutory compliance review, then a system audit after go-live. Budget several months and expect detailed questions about funding sources.

  • B2C Type 1 — casino, slots and games of chance against the house.
  • B2C Type 2 — fixed-odds sports betting.
  • B2C Type 3 — poker, betting exchanges and peer-to-peer games where you take commission.
  • B2C Type 4 — controlled skill games.
  • B2B — platform and critical gaming supply to licensed operators.

Substance and ongoing obligations

  • Key function holders appointed and approved for compliance, AML and player protection.
  • Player funds segregated and reported.
  • AML/CFT programme aligned to Maltese and EU requirements, with FIAU reporting.
  • Annual audits, gaming tax and compliance contributions, and system audits.

Banking and payments

Malta's advantage is that gambling-aware banking and acquiring exists. It still has to be argued for: institutions want the licence, the AML programme, player-fund arrangements and realistic volume forecasts by market. We prepare that file and place a backup relationship alongside the primary account.

Frequently asked questions

How long does an MGA licence take?

Typically four to six months from a complete application to go-live approval, depending on how quickly fit-and-proper and funding questions are answered.

Is Maltese tax really 5%?

The effective rate on distributed trading profits is commonly around 5% after shareholder refunds, but that depends on income type and correct filings. Gaming tax and compliance contributions are separate.

Do I need staff in Malta?

Yes in substance terms. Key function holders and genuine local management are expected by both the regulator and your banks.

Can I start with a smaller jurisdiction and move to Malta later?

Many operators do — Curaçao or Costa Rica first, then Malta when volumes justify it. Plan the migration path at the outset so contracts and player data transfer cleanly.

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