Practice Areas: Gaming, IT & Telecoms > Gaming & Betting Law > Gaming Licence Fees & Taxes
Overview
The applicable Malta gaming licence costs, including taxes and licence fees are found under the Gaming Licence Fees Regulations (Subsidiary Legislation 438.12) (the “Regulations”), as issued under the Gaming Act, Chapter 583 of the Laws of Malta.
At the outset it would be pertinent to point out that where gaming services are being offered to Malta based players, the operator would be subject to the payment of a gaming tax calculated at the rate of 5% of the gaming revenue generated from the gaming service in one year.
Within the context of gaming licence costs, whilst the gaming tax collected by the Malta Gaming Authority is fixed at the rate of 5% of the gaming revenue for all gaming licences, the licence fees and, where due, compliance contributions, vary from one category of licence to another and depend on the gaming activities undertaken. Select your preference to find out which Malta gaming licence costs and fees apply to your business.
Select your Gaming Activities
Not sure which category fit your gaming activities?
B2C Type 1
Operator
Quick Overview
B2C Type 1 gaming operators are subject to the following Malta gaming licence costs, taxes, licence and administrative fees:
- Non-refundable fixed annual licence fee
- Compliance contribution
- Specific administrative fees
Tax
Tax
The operator would be subject to the payment of a gaming tax calculated at the rate of 5% of the gaming revenue generated from Malta based players.
Corporate tax at the rate of 35% is also payable to the relevant tax authorities by the B2C operator on the profits generated from its gaming activities. It is important to note however, that a number of tax incentives may be applicable to your business model, thereby reducing the corporate tax due by the operator.
Annual Licence Fees
Licence Fee
As B2C Type 1 gaming operator, you will be subject a non-refundable Fixed Annual Licence Fee of €25,000 payable in advance.
Compliance Contribution
Compliance Contribution
As B2C Type 1 gaming operator, you will be subject to a Compliance Contribution payable for each and every licence period. The Compliance Contribution is determined on the basis of gaming revenue generated during one financial year.
The Compliance Contribution applicable to B2C Type 1 gaming operators is calculated at the rate of 1.25% for every euro of the first €3,000,000. Thereafter, at the rate of:
- 1.00% for every euro of the next €4,500,000
- 0.85% for every euro of the next €5,000,000
- 0.70% for every euro of the next € 7,500,000
- 0.55% for every euro of the next €10,000,000
- 0.40% for every euro of the remainder.
The minimum Compliance Contribution to be paid is €15,000 whilst the maximum a gaming operator can be charged is €375,000. Please note that for new licensees, the minimum is not applicable for the first financial year (the maximum is applicable). Secondly, the Compliance Contribution during the first 12 months of the operations shall not be payable for new licensees fulfilling the criteria for start-ups undertakings.
Other Administrative Fees
Administrative Fees
The fourth Schedule of the Regulations then lays down the Administrative Fees one should take into consideration when pursuing a venture into remote gaming, which would include:
- One-time, non-refundable licence application fee – €5,000
- One-time non-refundable licence renewal fee – €5,000
- Request for the approval of a new gaming device – €100 per device
- One-time, non-refundable material supply certificate application fee – €1,000
- Maintenance fee for holder of a material supply certificate, payable yearly in advance – €500
- Recognition Notice fee, payable yearly in advance – €5,000
- One-time, non-refundable Key Function approval application fee – €50
- One-time, non-refundable Amusement Machine registration fee – €50
- Request for the transfer of a qualifying interest in a licensee – €1,500
- Request for the addition of a new game type – €1,000
- Request for major changes to software and infrastructure – €1,000
- Fee Request for the addition of a new domain name – €100 per domain
- Request by an existing licensee operating gaming premises for the addition of an online delivery channel – €1,000
- Request for approval of a new gaming premises (not being a controlled gaming premises) – €1,000
- Maintenance fee for an approved gaming premises, payable yearly in advance – €500 per premises
B2C Type 2
Operator
Quick Overview
B2C Type 2 gaming operators are subject to the following Malta gaming licence costs, taxes, licence and administrative fees:
- Non-refundable fixed annual licence fee
- Compliance contribution
- Specific administrative fees
Tax
Tax
The operator would be subject to the payment of a gaming tax calculated at the rate of 5% of the gaming revenue generated from Malta based players.
Corporate tax at the rate of 35% is also payable to the relevant tax authorities by the B2C operator on the profits generated from its gaming activities. It is important to note however, that a number of tax incentives may be applicable to your business model, thereby reducing the corporate tax due by the operator.
Annual Licence Fees
Licence Fee
As B2C Type 2 gaming operator, you will be subject a non-refundable Fixed Annual Licence Fee of €25,000 payable in advance.
Compliance Contribution
Compliance Contribution
As B2C Type 2 gaming operator, you will be subject to a Compliance Contribution payable for each and every licence period. The Compliance Contribution is determined on the basis of gaming revenue generated during one financial year.
The Compliance Contribution applicable to B2C Type 2 gaming operators is calculated at the rate of 4.00% for every euro of the first €3,000,000. Thereafter, at the rate of:
- 3.00% for every euro of the next €4,500,000
- 2.00% for every euro of the next €5,000,000
- 1.00% for every euro of the next € 7,500,000
- 0.80% for every euro of the next €10,000,000
- 0.60% for every euro of the next €10,000,000
- 0.40% for every euro of the remainder.
The minimum Compliance Contribution to be paid is €25,000 whilst the maximum a gaming operator can be charged is €600,000. Please note that for new licensees, the minimum is not applicable for the first financial year (the maximum is applicable). Secondly, the Compliance Contribution during the first 12 months of the operations shall not be payable for new licensees fulfilling the criteria for start-ups undertakings.
Other Administrative Fees
Administrative Fees
The fourth Schedule of the Regulations then lays down the Administrative Fees one should take into consideration when pursuing a venture into remote gaming, which would include:
- One-time, non-refundable licence application fee – €5,000
- One-time non-refundable licence renewal fee – €5,000
- Request for the approval of a new gaming device – €100 per device
- One-time, non-refundable material supply certificate application fee – €1,000
- Maintenance fee for holder of a material supply certificate, payable yearly in advance – €500
- Recognition Notice fee, payable yearly in advance – €5,000
- One-time, non-refundable Key Function approval application fee – €50
- One-time, non-refundable Amusement Machine registration fee – €50
- Request for the transfer of a qualifying interest in a licensee – €1,500
- Request for the addition of a new game type – €1,000
- Request for major changes to software and infrastructure – €1,000
- Fee Request for the addition of a new domain name – €100 per domain
- Request by an existing licensee operating gaming premises for the addition of an online delivery channel – €1,000
- Request for approval of a new gaming premises (not being a controlled gaming premises) – €1,000
- Maintenance fee for an approved gaming premises, payable yearly in advance – €500 per premises
B2C Type 3
Operator
Quick Overview
B2C Type 3 gaming operators are subject to the following Malta gaming licence costs, taxes, licence and administrative fees:
- Non-refundable fixed annual licence fee
- Compliance contribution
- Specific administrative fees
Tax
Tax
The operator would be subject to the payment of a gaming tax calculated at the rate of 5% of the gaming revenue generated from Malta based players.
Corporate tax at the rate of 35% is also payable to the relevant tax authorities by the B2C operator on the profits generated from its gaming activities. It is important to note however, that a number of tax incentives may be applicable to your business model, thereby reducing the corporate tax due by the operator.
Annual Licence Fees
Licence Fee
As B2C Type 3 gaming operator, you will be subject a non-refundable Fixed Annual Licence Fee of €25,000 payable in advance.
Compliance Contribution
Compliance Contribution
As B2C Type 3 gaming operator, you will be subject to a Compliance Contribution payable for each and every licence period. The Compliance Contribution is determined on the basis of gaming revenue generated during one financial year.
The Compliance Contribution applicable to B2C Type 3 gaming operators is calculated at the rate of 4.00% for every euro of the first €2,000,000. Thereafter, at the rate of:
- 3.00% for every euro of the next €3,000,000
- 2.00% for every euro of the next €5,000,000
- 1.00% for every euro of the next € 5,000,000
- 0.80% for every euro of the next €5,000,000
- 0.60% for every euro of the next €10,000,000
- 0.40% for every euro of the remainder.
The minimum Compliance Contribution to be paid is €25,000 whilst the maximum a gaming operator can be charged is €500,000. Please note that for new licensees, the minimum is not applicable for the first financial year (the maximum is applicable). Secondly, the Compliance Contribution during the first 12 months of the operations shall not be payable for new licensees fulfilling the criteria for start-ups undertakings.
Other Administrative Fees
Administrative Fees
The fourth Schedule of the Regulations then lays down the Administrative Fees one should take into consideration when pursuing a venture into remote gaming, which would include:
- One-time, non-refundable licence application fee – €5,000
- One-time non-refundable licence renewal fee – €5,000
- Request for the approval of a new gaming device – €100 per device
- One-time, non-refundable material supply certificate application fee – €1,000
- Maintenance fee for holder of a material supply certificate, payable yearly in advance – €500
- Recognition Notice fee, payable yearly in advance – €5,000
- One-time, non-refundable Key Function approval application fee – €50
- One-time, non-refundable Amusement Machine registration fee – €50
- Request for the transfer of a qualifying interest in a licensee – €1,500
- Request for the addition of a new game type – €1,000
- Request for major changes to software and infrastructure – €1,000
- Fee Request for the addition of a new domain name – €100 per domain
- Request by an existing licensee operating gaming premises for the addition of an online delivery channel – €1,000
- Request for approval of a new gaming premises (not being a controlled gaming premises) – €1,000
- Maintenance fee for an approved gaming premises, payable yearly in advance – €500 per premises
B2C Type 4
Operator
Quick Overview
B2C Type 4 gaming operators are subject to the following Malta gaming licence costs, taxes, licence and administrative fees:
- Non-refundable fixed annual licence fee
- Compliance contribution
- Specific administrative fees
Tax
Tax
The operator would be subject to the payment of a gaming tax calculated at the rate of 5% of the gaming revenue generated from Malta based players.
Corporate tax at the rate of 35% is also payable to the relevant tax authorities by the B2C operator on the profits generated from its gaming activities. It is important to note however, that a number of tax incentives may be applicable to your business model, thereby reducing the corporate tax due by the operator.
Annual Licence Fees
Licence Fee
As B2C Type 4 gaming operator, you will be subject a non-refundable Fixed Annual Licence Fee of €25,000 payable in advance, unless you provide Type 4 gaming services only in which case the non-refundable Fixed Annual Licence Fee shall be €10,000.
Compliance Contribution
Compliance Contribution
As B2C Type 3 gaming operator, you will be subject to a Compliance Contribution payable for each and every licence period. The Compliance Contribution is determined on the basis of gaming revenue generated during one financial year.
The Compliance Contribution applicable to B2C Type 3 gaming operators is calculated at the rate of 0.50% for every euro of the first €2,000,000. Thereafter, at the rate of:
- 0.75% for every euro of the next €2,000,000
- 1.00% for every euro of the next €5,000,000
- 1.25% for every euro of the next € 5,000,000
- 1.50% for every euro of the next €5,000,000
- 1.75% for every euro of the next €10,000,000
- 2.00% for every euro of the remainder.
The minimum Compliance Contribution to be paid is €5,000 whilst the maximum a gaming operator can be charged is €500,000. Please note that for new licensees, the minimum is not applicable for the first financial year (the maximum is applicable). Secondly, the Compliance Contribution during the first 12 months of the operations shall not be payable for new licensees fulfilling the criteria for start-ups undertakings.
Other Administrative Fees
Administrative Fees
The fourth Schedule of the Regulations then lays down the Administrative Fees one should take into consideration when pursuing a venture into remote gaming, which would include:
- One-time, non-refundable licence application fee – €5,000
- One-time non-refundable licence renewal fee – €5,000
- Request for the approval of a new gaming device – €100 per device
- One-time, non-refundable material supply certificate application fee – €1,000
- Maintenance fee for holder of a material supply certificate, payable yearly in advance – €500
- Recognition Notice fee, payable yearly in advance – €5,000
- One-time, non-refundable Key Function approval application fee – €50
- One-time, non-refundable Amusement Machine registration fee – €50
- Request for the transfer of a qualifying interest in a licensee – €1,500
- Request for the addition of a new game type – €1,000
- Request for major changes to software and infrastructure – €1,000
- Fee Request for the addition of a new domain name – €100 per domain
- Request by an existing licensee operating gaming premises for the addition of an online delivery channel – €1,000
- Request for approval of a new gaming premises (not being a controlled gaming premises) – €1,000
- Maintenance fee for an approved gaming premises, payable yearly in advance – €500 per premises
B2B Operator
Provision of Games
B2B Operators - Supply and Manage Material Elements of a Game (Provision of Games)
In addition to gaming tax, B2B gaming operators providing supply and managing material elements of games are subject to the payment of annual licence fees that may vary depending on the annual revenue generated.
Tax
Tax
B2B operators are exempt from the payment of gaming tax. As is the case with any other Maltese company, a B2B operator would nonetheless be required to pay corporate tax at the rate of 35% on the profits generated from its gaming activities. It is important to note however, that a number of tax incentives may be applicable to your business model, thereby reducing the corporate tax due by the operator.
Licence Fees on Annual Revenue
Licence Fee
Irrespecive of the game type (Type 1, Type 2, Type 3 or Type 4), the licence fee on annual revenue applicable to B2B operators providing supply and managing material elements of games is:
- €25,000 – Where annual revenue does not exceed €5,000,000
- €30,000 – Where annual revenue does not exceed €10,000,000
- €35,000 – Where annual revenue for the year exceeds €10,000,000
Notwithstanding the above, where the B2B operator provides Type 4 gaming supplies only, an annual licence fee of €10,000 shall apply, irrespective of the annual revenue.
Other Administrative Fees
Administrative Fees
The fourth Schedule of the Regulations then lays down the Administrative Fees one should take into consideration when pursuing a venture into remote gaming, which would include:
- One-time, non-refundable licence application fee – €5,000
- One-time non-refundable licence renewal fee – €5,000
- Request for the approval of a new gaming device – €100 per device
- One-time, non-refundable material supply certificate application fee – €1,000
- Maintenance fee for holder of a material supply certificate, payable yearly in advance – €500
- Recognition Notice fee, payable yearly in advance – €5,000
- One-time, non-refundable Key Function approval application fee – €50
- One-time, non-refundable Amusement Machine registration fee – €50
- Request for the transfer of a qualifying interest in a licensee – €1,500
- Request for the addition of a new game type – €1,000
- Request for major changes to software and infrastructure – €1,000
- Fee Request for the addition of a new domain name – €100 per domain
- Request by an existing licensee operating gaming premises for the addition of an online delivery channel – €1,000
- Request for approval of a new gaming premises (not being a controlled gaming premises) – €1,000
- Maintenance fee for an approved gaming premises, payable yearly in advance – €500 per premises
B2B Operator
Back-end Services
B2B Operators - Supply and Manage Software (Back-end Services)
In addition to gaming tax, B2B gaming operators providing supply and management of software are subject to the payment of annual licence fees that may vary depending on the annual revenue generated.
Tax
Tax
B2B operators are exempt from the payment of gaming tax. As is the case with any other Maltese company, a B2B operator would nonetheless be required to pay corporate tax at the rate of 35% on the profits generated from its gaming activities. It is important to note however, that a number of tax incentives may be applicable to your business model, thereby reducing the corporate tax due by the operator.
Licence Fees on Annual Revenue
Licence Fee
The licence fee on annual revenue applicable to B2B operators providing supply and managing material elements of games is:
- €3,000 – Where annual revenue does not exceed €1,000,000
- €5,000 – Where annual revenue exceeds €1,000,000
Other Administrative Fees
Administrative Fees
The fourth Schedule of the Regulations then lays down the Administrative Fees one should take into consideration when pursuing a venture into remote gaming, which would include:
- One-time, non-refundable licence application fee – €5,000
- One-time non-refundable licence renewal fee – €5,000
- Request for the approval of a new gaming device – €100 per device
- One-time, non-refundable material supply certificate application fee – €1,000
- Maintenance fee for holder of a material supply certificate, payable yearly in advance – €500
- Recognition Notice fee, payable yearly in advance – €5,000
- One-time, non-refundable Key Function approval application fee – €50
- One-time, non-refundable Amusement Machine registration fee – €50
- Request for the transfer of a qualifying interest in a licensee – €1,500
- Request for the addition of a new game type – €1,000
- Request for major changes to software and infrastructure – €1,000
- Fee Request for the addition of a new domain name – €100 per domain
- Request by an existing licensee operating gaming premises for the addition of an online delivery channel – €1,000
- Request for approval of a new gaming premises (not being a controlled gaming premises) – €1,000
- Maintenance fee for an approved gaming premises, payable yearly in advance – €500 per premises
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How we can help
Gonzi & Associates, Advcocates, has extensive experience in this field and is able to provide specialised assistance to your business at all stages of the gaming licence application procedure, including:
- Collection & preparation of documentation
- Drafting of agreements with third-parties such as data centres, back-up recovery service providers
- Assisting with the appointment of Key Functionaries, director/s, Data Protection Officers (DPOs), and Money Laundering Reporting Officers (MLROs)
- Guiding through every stage of the application process
- Providing post-licensing follow-up assistance
- Providing detailed guidance about your applicable Malta gaming licence costs, fees and taxes.