Malta Corporate Tax Comparative Guide

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4. Results: Answers

Corporate Tax

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Anti-avoidance

5.1

Are there anti-avoidance rules applicable to corporate taxpayers – if so, are these case law (jurisprudence) or statutory, or both?

Malta

Chetcuti Cauchi Advocates

Answer ... Yes – Malta has both statutory general and specific anti-avoidance rules.

For more information about this answer please contact: Kenneth Camilleri from Chetcuti Cauchi Advocates

5.2

What are the main ‘general purpose’ anti-avoidance rules or regimes, based on either statute or cases?

Malta

Chetcuti Cauchi Advocates

Answer ... The general anti-avoidance rule states that where any scheme which reduces the amount of tax payable by any person is artificial or fictitious, the commissioner for revenue may disregard such scheme and the person concerned will be assessed accordingly.

For more information about this answer please contact: Kenneth Camilleri from Chetcuti Cauchi Advocates

5.3

What are the major anti-avoidance tax rules (eg, controlled foreign companies, transfer pricing (including thin capitalisation), anti-hybrid rules, limitations on losses or interest deductions)?

Malta

Chetcuti Cauchi Advocates

Answer ... Controlled foreign companies rules and limitations on interest deductions in terms of the implementation of the EU Anti-Tax Avoidance Directive.

For more information about this answer please contact: Kenneth Camilleri from Chetcuti Cauchi Advocates

5.4

Is a ruling process available for specific corporate tax issues or desired domestic or cross-border tax treatments?

Malta

Chetcuti Cauchi Advocates

Answer ... There is a ruling process which may be used in very limited cases specifically laid down by law, with the aim of interpreting provisions of the law in relation to those specific cases.

For more information about this answer please contact: Kenneth Camilleri from Chetcuti Cauchi Advocates

5.5

Is there a transfer pricing regime?

Malta

Chetcuti Cauchi Advocates

Answer ... No.

For more information about this answer please contact: Kenneth Camilleri from Chetcuti Cauchi Advocates

5.6

Are there statutory limitation periods?

Malta

Chetcuti Cauchi Advocates

Answer ... Yes.