Kindly note that CPE hours will only be given to those who attend the entire three events (12 hours).

The Malta Tax and Customs Administration in collaboration with the Malta Institute of Accountants (MIA), the Malta Institute of Taxation, the Institute of Financial Services Practitioners, the Malta Institute of Management and the Chamber of Advocates, is organising three events on Transfer Pricing - a new area of tax law for Malta.

The objective of these events is to provide a comprehensive, yet concise overview of the relevant rules coming into force as from January 2024 and the obligations brought about on taxpayers as a result of these rules. Given the prevalence of related party transactions in cross border trade and investment, sufficient familiarity with these obligations is a must for practitioners and taxpayers operating in this sphere.

Registration Time Session 1:  12:15

Speakers: Dr Robert Attard, Ms Audrey Azzopardi, Ms Abigail D'Amato, Mr Kurt Cuschieri & Ms Judith Attard
Venue:   Online Webinar

Participation Fees (The Institute is now accepting payments via Paypal)
MIA Members: €15.00

Non-MIA Members: €15.00

• ALP, Art 9 and intro to TP in general Dr. Robert Attard

• Overview of LN284 of 2022 Ms. Audrey Azzopardi/Ms. Abigail D`Amato

• LN284 of 2022 – Focus on specific aspects & their application – eg scope, grandfathering, associatedness thresholds, etc Mr. Kurt Cuschieri

• Comparability Analysis & Search for Comparables Judith Attard, MTCA

Event 2 – Monday 13th November - 12.30 – 16.45 Including a 15 minute break

Registration Time Session 2:  12:15

Speakers: Mr Emmanuel Camilleri, Ms Antonella Mamo, Mr Thomas Zammit & M r Ivan Zammit

• Traditional Methods Emmanuel Camilleri, MTCA

• Transactional Methods Antonella Mamo, MTCA

• TP Documentation Mr. Thomas Zammit

• Specific considerations in connection with intra-group services and inter-company financing. Mr. Ivan Zammit

Event 3 – Monday 20th November – 09.30 – 13.45 With a 15 minute break

Registration Time Session 3:  09:15

Speakers: Dr Christopher Bergedahl, Mr Andre' Gialanze, Ms Audrey Azzopardi, Ms Abigail D'Amato & Dr Trudy Muscat

Registration Time Session 1:  12:15

• Preventing Disputes – Unilateral Rulings & APAs Dr. Chris Bergedahl

• Solving Disputes – Instruments available, process involved, etc Andre Gialanze, MTCA

• Case Study Ms. Audrey Azzopardi/Ms. Abigail D`Amato

• Pertinent developments  in the area – eg TP directive, Amount B, Challenges of the digital economy, etc Dr. Trudy Muscat

BACKGROUND INFORMATION

Whilst arm’s length principles have been present in the Maltese Income Tax Acts for years, over time it has been increasingly felt that the absence of detailed rules in this area was creating some uncertainty. 1st January 2024 marks an important development in the evolution of Malta`s direct tax legislation as Legal Notice 284 of 2022 kicks in.

The course spanning on three events is intended to improve the skills set of practitioners and company representatives working within what is essentially a new area of tax law for Malta – transfer pricing legislation. The latter is about ensuring that the pricing of transactions amongst related taxpayers is correct from a tax point of view, and that the fact that they are associated is not a source of influence which is being used to shift profits amongst them. As one can appreciate, when such taxpayers are established in different jurisdictions, the tax base of the respective jurisdictions would thus be at stake. The operation of provisions in transfer pricing rules cater for increased tax certainty for taxpayers (eg; mechanism for granting unilateral transfer pricing legislation, advanced pricing agreements) and dispute resolution.

Specific topics to be covered during the EVENTS

• The Arm-length Principle and an introduction to Transfer Pricing in general;
• Overview of Legal Notice 284 of 2022 with focus on specific key aspects of the Legal Notice
• Comparability Analysis & Search for Comparables;
• Transfer Pricing Methods;
• Documentation aspects;
• Preventing & Solving disputes (Advanced Pricing Arrangements, relevant instruments & process involved).
• Other, including pertinent developments in this area

WHY ARE THE EVENTS OF RELEVANCE TO OUR MEMBERS?

The events aim to provide a comprehensive, yet concise overview of the relevant rules coming into force as from January 2024 and the obligations brought about on taxpayers as a result of these rules. Given the prevalence of related party transactions in cross border trade and investment, sufficient familiarity with these obligations is a must for practitioners and taxpayers operating in this sphere. This also with a view of avoiding unnecessary controversy with both local as well as foreign tax administrations.

Speakers' Profiles

Dr Robert Attard is EY Malta's Tax Leader, a tenured senior lecturer at the University of Malta and a member of the European Association of Tax Law Professors. In the 2015-2017 IBFD General Report on the Protection of Taxpayers’ Rights, Robert was described as a well-known authority broadly experienced in the practical protection of taxpayers’ rights and a prominent member of the legal practice. In Malta, Robert argued cases at all levels arguing a suite of Constitutional cases (the Geranzi Case m, the Angelo Zahra Case and others) that have led to a paradigm shift relating to the legal classification of administrative penalties. He submitted arguments in the ECtHR Grand Chamber Case of Lekic v. Slovenia and forms part of the Supervisory Council of the Observatory for Taxpayers’ Rights. In 2021, the EATLP invited him to draft its submissions to the EU Commission relating to EU taxpayer protection. Having served as a panelist at the 2015 IFA Congress, he formed 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). Robert is a published author on tax law publishing articles in European Taxation, EC Tax Review, World Tax Journal and the British Tax Review. Robert’s books on Maltese taxation have been cited by the Administrative Review Tribunal and the Court of Appeal (including especially the Paul Ciantar Case and Case 27/18VG involving the taxation of highly mobile workers). Robert’s most recent publication is Taxation at the European Court of Human Rights co-authored with former ECtHR judge Pinto de Albuquerque (Wolters Kluwer Law 2023

Ms Audrey Azzopardi joined PwC in 2009 and over the years she has assisted in providing advice to a wide portfolio of local and international clients across a wide variety of industries. In the past few years she has also been involved in various Transfer Pricing assignments. She also participates in various in-house seminars and lectures.

Ms Abigail D'Amato is a Senior Manager at PwC Malta within the Tax and Legal line of service. She joined PwC after reading for a Bachelor of Accountancy at the University of Malta. She advises a variety of international corporate clients on Maltese tax related matters, with a special focus on Transfer Pricing. She also provides in-house and external training on technical matters.

Mr Kurt Cuschieri who is a certified public accountant, joined EY Malta in 2013 and is a Senior Manager within EY’s Tax Department. Kurt provides tax advisory services to local and multinational clients on various matters, including cross border transactions and evaluating the impact arising from changes in tax legislation.

Ms Judith Attard is a certified public accountant and attained her ACCA qualification in 2017. In 2019, she joined the Legal, Policy, Technical and International Relations Unit as an analyst. Judith is part of the transfer pricing team within the Legal, Policy, Technical and International Relations Unit and her main responsibilities are the reviewing of the Mutual Agreement Procedure requests, Advance Pricing Arrangement requests, Advance Revenue Ruling requests, the compilation of OECD Statistics and any other clarification requests in relation to the transfer pricing aspects. In addition, she also carries out reviews of refund claim forms. Prior to her experience with the Legal, Policy, Technical and International Relations Unit, Judith was an analyst for 5 years with the Insurance and Pensions Supervision Unit at the MFSA.

Mr Emmanuel Camilleri is an Analyst at Tax & Customs Administration Malta. He joined MTCA in 2020 after working for 7 years with one of the Big Four accounting firm, after graduating from University of Malta. Since joining MTCA, he forms part of the Legal and Technical and assists the Malta Competent Authority in transfer pricing matters, including Mutual Assistance Procedures (MAPs) and Advance Pricing Agreements (APAs).

Ms. Antonella Mamo is a Senior Manager within the Legal, Technical, Policy, and International Relations Directorate within the Malta Tax and Customs Administration. Within her role she specialises in corporate and transfer pricing matters.  Ms. Mamo commenced her career in the Administration in 2004 as an analyst.  Ms. Mamo graduated in Hons Banking and Finance from the University of Malta, and she pursued her studies by completing the ACCA.  Antonella is a member of the Malta Institute of Accountants.

Mr Thomas Zammit  is a Senior Manager at KPMG in Malta specializing in domestic and international corporate tax matters. He also delivers tax technical training sessions within KPMG and beyond. Thomas completed the Master in Accountancy degree at the UoM and the Advanced Diploma in International Taxation awarded by the CIOT.

Mr Ivan Zammit joined Sheltons in 2006 in Denmark and soon after became director in charge of our Copenhagen office. Ivan is nowadays the partner in charge of our offices in Italy and Malta.
Ivan lectures on a regular basis with particular focus on Transfer Pricing and International Tax Law.
Ivan advises private clients as well as multinational groups on a wide range of tax related areas typically involving cross-border activities.

Dr Christopher Bergedahl is a Senior Manager at Deloitte Malta within the International Tax service line. In 2017 he graduated summa cum laude from the International Tax Center Leiden following which he served as a Teaching Assistant for the Fall Term of the 2017-2018 class. Christopher is warranted to practice in front of the Superior Courts of Malta and isa member of the Malta Institute of Taxation, the Malta Branch of the International Fiscal Association and the Malta Institute of Financial Services Practitioners. Furthermore, Christopher chairs the International Tax Committee of the Malta Institute of Taxation and actively contributes to technical working groups.

Mr Andre Gialanze graduated from the University of Malta in 2008 and is an accountant by profession. He has started his career in the taxation area with a Big 4 firm and also furthered his studies in taxation matter, including through the Advanced Diploma in International Taxation (CIOT UK). Before joining the Office of the Commissioner for Revenue late in 2021, he was posted for almost 10 years in Brussels at the Permanent Representation of Malta to the EU on fiscal and state aid matters. He is married and has two children.

Dr Trudy Muscat, a lawyer and senior manager at Deloitte, has 15 years of experience in international corporate taxation, and in particular EU direct tax law. She actively participates on IFSP’s Tax Subcommittee, chairs the MIT’s Education Committee and lectures international and EU corporate tax law.

EVENT CPE COMPETENCies

12  Core (Full attendance is obligatory)

WEBINARS TERMS AND CONDITIONS

Terms and conditions  apply

DISCLAIMER

By Registering and/or Booking for these events, you agree that MIA will collect your information which will be using it in accordance with its Privacy Notice available at the following link and also shared with the Malta Tax and Customs Administration (MTCA).

Please note that all webinars are recorded by the MIA. Such recordings will be retained by the MIA for internal use.