Registration Time: 13.15
Sessions Time: 13.30 - 16.45 including a 15-minute break
Speaker: Dr. Robert Attard
Venue: Online Webinar

The seminar will discuss some legal implications of COVID 19 including especially Civil Law, Employment Law, Fundamental Human Rights, Occupational Health and Safety Law perspectives of the pandemic.
This session will focus on the tax return for year of assessment 2021 basis year 2020.

Participation Fees (The Institute is now accepting payments via Paypal)
MIA Members: €40.00
Non-MIA Members: €75.00
Retired Members: €20.00
Students: €30.00

*Group bookings for 3 or more participants available.

Synopsis

The seminar will consist in a granular walk-through the new personal tax return released in 2021.

Background Information

Act VIII of 2020 provided for a an option for married couples to submit a separate return and the relevant tax return template has been recently released. With effect from year of assessment 2021, married couples will be allowed to file separate tax return. The revised legislative framework contemplated by a new Article 49A ITA provides that in a state of affairs involving a married couple living together, any of the spouses may make an election to file a separate tax return ("a separate return election"). For any year of assessment in respect of which a separate return election is effective:

• the income of each spouse shall be charged to tax in the name of the respective spouse separately from the income of the other spouse, and each spouse shall be responsible for complying with the ITA relating to the submission of returns of his or her income and the ascertainment of that income;

• the income of a spouse shall comprise all income derived by that spouse regardless of any right which the other spouse may have in respect of that income in virtue of the provisions of any law regulating the rights of the spouses over their property and income;

• for the purposes of deduction rules, expenses shall be deemed to have been incurred by the spouse in whose name the relative receipt is issued, and where a receipt is issued in the joint name of the spouses, the relative expense shall be deemed to have been incurred by the spouses in equal portions; and
• any amounts of unabsorbed losses, unabsorbed capital allowances or unabsorbed tax credits brought forward from any year of assessment preceding that as from which a separate return option becomes effective shall be accounted for in the computation of the income of the spouse in whose name the income derived from the source that had given rise to the losses, capital allowances or tax credits in question is chargeable.
• Any unabsorbed capital loss that had been incurred in a transfer made by a spouse shall be available as a deduction from any capital gains that may be derived by that spouse, and if the transfer had been made by the spouses jointly, the unabsorbed capital loss shall be available to the two spouses in proportion to the undivided shares transferred by them respectively.
• Subject to certain conditions, a married couple living together may revoke a separate return election by means of a notice in writing to the Commissioner

Objectives of the session

To take the audience through the personal tax regime implemented in 2021.

TOPICS ON THE AGENDA

The situation pre-2020
The situation post-2020
The New Return
Guidelines (if any)

Target Audience

MIA members, non-members and students

Speaker's Profile

Robert is Partner and Tax Policy Leader, EY, Central & South East Europe, a tenured senior lecturer at the University of Malta, a fellow of GREIT and member of the European Association of Tax Law Professors. In the IBFD’s 2015-2017 General Report on the Protection of Taxpayers’ Rights he was described as a well-known authority broadly experienced in the practical protection of taxpayers’ rights and a prominent member of the legal practice. Having served as a panellist at the 2015 IFA Congress he forms part of a study group of the International Law Association on the “Protection of Taxpayers’ Rights” (co-chaired by Advocate General Juliane Kokott and Pasquale Pistone) and is also a member of the Supervisory Council of the IBFD/IFA’s “Observatory on the Protection of Taxpayers’ Rights”. He has served as Visiting Professor at the University of Ferrara paying lecturing/speaking visits at Queen Mary (University of London), CTL (University of Cambridge), Salerno (with Wirtshaftsuniversitat Wien and Naples II) and the University of Palermo. The Maltese Court of Appeal has described him as a leading commentator on tax law referring to his publications in its judgements. Robert developed a detailed knowledge of tax aspects of the European Convention on Human Rights drafting submissions in cases filed against France, the Netherlands, Bulgaria and Malta. Robert is a published author on tax law publishing articles in European Taxation, EC Tax Review and the British Tax Review. He has contributed to several publications including a book published by Hart Publishing, 3 books published by the IBFD and several books published by the MIM. Philip Baker remarks that ‘Single-handedly, Robert is generating the literature which explains the structure and nuances of the system in Malta. One wishes other countries had similar authors who could write similarly enticing books to explain their tax codes.” Robert has argued most of Malta's leading tax cases including landmark judgments John Geranzi v. PM (right to justice within a reasonable time), Zahra v. PM (non bis in idem), Farrugia v. PM (taxation as a violation of the right to property) and Case 160 of 2012 (tax transparency).

EVENT CPE COMPETENCES

3 Hours Core 

WEBINARS TERMS AND CONDITIONS

Terms and conditions  apply

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