This session concerns methods for the relief of double taxation in Maltese law. Specifically, the session shall delve into the following aspects of the subject:
- Economic double taxation (EDT) relief:
- Rationale & types of EDT relief;
- EDT relief mechanisms in the ITA;
- The full imputation system (article 31, 59 and 60 of the ITA);
- The participation exemption (as relevant for the relief of EDT); and
- The indirect foreign tax credit.
- Juridical double taxation relief:
- Rationale & types of JDT relief;
- Outbound considerations:
- Ordinary direct foreign tax credit system;
- Treaty relief;
- Unilateral relief;
- Commonwealth relief;
- Flat-rate foreign tax credit.
- The participation exemption (as relevant for the relief of JDT).
- Ordinary direct foreign tax credit system;
- Inbound considerations:
- Source rules;
- Treaty relief as applicable to Malta as the ‘other Contracting State’.
- Miscellaneous issues:
- Switch-over clauses;
- Anti-hybrid rules;
- Subject-to-tax rules.
Christopher Bergedahl is a Senior Manager within Deloitte’s Tax & Legal Business in Malta. He provides support on both local and foreign client engagements within the International Tax service line, with a focus on US-based multinational enterprise clients and the financial services sector.
