The OECD’s Final Reports on BEPS were issued in 2015 however, the OECD has felt that a new BEPS 2.0 is impending. the OECD is proposing a new taxing right / new nexus definition. The OECD’s new nexus proposals go beyond the permanent establishment concept that is central to the allocation of taxing rights in almost all double tax agreements. The new taxable presence would be recognised where an entity has sales in another country in excess of a certain threshold. It is not a condition of the new taxable presence that the company has a physical presence in the country.
The current level of uncertainty in global tax policy, partially driven by unilateral measures like digital services taxes, makes investment decisions difficult for multinational businesses. However, a solution at the OECD that leads to the reversal of the unilateral measures could improve things for international investment.
Dr Franklin Cachia is currently the Head of Tax and Regulated Industries at CSB Group. He attended the University of Malta and successfully completed a Bachelor of Laws degree, followed by a Doctor of Laws degree in 2012. In fulfilment of his LL.D., Franklin submitted and defended his thesis entitled: “The Custody Business in the Financial Sector”.
Following his graduation from the University of Malta, for the last 6 years, Franklin was employed with a local firm specialised on international tax planning, financial services, investment funds, corporate law, commercial law, and financial legal matters. Franklin obtained his Advanced Diploma in International Taxation (ADIT) which helped him solidify his foundations in domestic and international taxation.
In 2015, Franklin furthered his studies at the University of Leiden in the Netherlands, where he read an Advanced LL.M. in International Tax Law. He successfully submitted and defended his thesis entitled, ‘Analysing the European Commission’s Final Decisions on Apple, Starbucks, Amazon and Fiat Finance & Trade’.
Franklin also lectured the Advanced Taxation Module for the Association of Chartered Certified Accountants (ACCA P6) course provided through Aim Professional Academy and the EU Direct Taxation module for the ADIT. Franklin is also a member of the Board of Examiners of the Faculty of Law at the University of Malta. Franklin also delivered employment law, company and business law training to public and private bodies as well as in-house training. He also published other articles on the international tax journal EC Tax Review published by Kluwer Law International with his very latest article entitled: ‘Tax Transparency for Intermediaries: The Mandatory Disclosure Rules and Its EU Impact‘ (2018) 27 EC Tax Review, Issue 4.
Moreover, Franklin pursued the course organised by the Institute of Financial Services Practitioners entitled ‘Introduction to the Virtual Financial Assets Act’ and successfully passed the exam prescribed by the Malta Financial Services Authority. In view of his experience, Franklin’s main practice areas include local and international and Maltese tax law, corporate and trusts law, financial services, digital economy and virtual currency, blockchain, intellectual property and employment law.
Start date: 05/03/2020
Start time: 14:00
End time: 17:15
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