Dates: TBA
Time: 17:15 till 20:45
ECTS credits: 1
Trainer: Chris Pace
The learner will be able to:
Define Supplies by Triangulation:
- Supplies of goods including transportation & installation of goods – analysis of the place of supply rules relating to such supplies (Third Schedule);
- Analysis of fixed vs business establishment;
- Treatment of vouchers for VAT purposes;
- Treatment of mixed supplies (including partial attribution) (Tenth Schedule);
- Treatment of cross border supplies/ free supplies/ electronically supplied services;
- Treatment of exempt without credit supplies (Fifth Schedule).
Identify VAT issues in the transaction/s being analyzed or performed;
Identify which questions to ask as to establish the facts pertaining to a particular scenario;
Questions concern the following:
- Is the transaction subject to VAT?
- Is it subject to VAT in Malta (reference to place of supply)?
- Is it subject to any exemption in terms of the VAT?
- Who is liable to VAT?
Get an advanced understanding of the applicable provisions within the Maltese VAT legislation. Reference to various provisions in the VATA and to a number of schedules namely, the Second, Third, Fifth, Seventh, Tenth and Fourteenth.
At the end of the module the learner will have mastered the following skills:
- Determine which questions to ask in order to establish the facts relevant for the purposes of identifying the VAT treatment of a particular transaction;
- Understand the relevance of ECJ case law to a particular scenarios;
- Understand the provisions of the VAT legislation relevant to specific scenarios;
- Professionally discuss VAT issues and developments with office colleagues and clients;
- Professionally enquire with the VAT Department officials about interpretation of VAT rules and regulations and possibly obtain written VAT rulings from the VAT Department;
- Obtain an excellent use of advanced VAT terminology;
- Determine what is relevant for the purposes of identifying the VAT treatment of a transaction;
- Propose solutions to the problems identified and decide on how a transaction would be best treated from a VAT perspective;
- Gather a better understanding of the provisions of the VAT Act and EC VAT Directive and apply the relevance of the ECJ case law to the scenarios under review;
- Study and develop further VAT developments and take an active interest of current ECJ case law related to VAT;
- Establish a methodology in which certain transactions should be tackled for VAT purposes;
- Breakdown a business case and establish the VAT considerations of the case both from a VAT advisory perspective and a VAT compliance perspective.
Dates: TBA
Time: 17:15 till 20:45
ECTS credits: 2
Trainer: Stephen Balzan
Almost in all organizations at some point in their history, a need is felt to remould and reinvent in light of the changing business scenario or goals and objectives. Change of ownership may be one of the restructuring changes needed especially when changes in tax legislation indicate that a more beneficial path may be embarked on by the group as a whole through changes in the group structure or ownership structure.In 2007, changes in the Maltese Legislation have introduced an extension to the concept of the refundable tax credit system of 6/7ths, 5/7ths or 2/3rds of tax paid by companies registered in Malta.
Due to the above mentioned tax legislative changes, many existing group structures have changed the ownership structure to be in line with the conditions outlined by the refundable tax credit mechanism and to be in a better position to benefit from the new tax advantages generated through changes in the tax legislation.
This interactive short intensive course seeks to provide attendees with an in-depth understanding of the tax legislation governing a company restructuring exercise, transfer of immovable property and the refunds available to shareholders upon a dividend distribution.
This course will also provide participants with an understanding of the computational aspects in a company restructuring exercise and will provide attendees with a walk through of the tax compliance procedures and tax compliance documentation required to be submitted with the Inland Revenue Department with respect to: share transfers; property transfers; and shareholders registration and claiming of refunds.
The learner will be able to:
Identify Tax issues in the transaction/s being analyzed or performed, including tax compliance obligations such as:
the preparation of shareholders’ registration form and shareholders’ refund claim form for the purposes of making a claim of Malta tax refunds in terms of the Malta tax payment and refund system;
the preparation of the relevant schedules required in terms of the Capital Gains Rules (S.L.123.27) and the Duty on Documents and Transfers Rules (S.L.364.06) for transfers of shares in a company and deemed transfers of value in a company, and for transfers of immovable property situated in Malta;
- Identify which questions to ask as to establish the facts pertaining to a particular scenario;
- Get an advanced understanding of the applicable provisions within the Maltese Income Tax legislation, mainly Article 5 and Article 5A of the Income Tax Act regulating capital gains and transfers of immovable property in Malta, as well as Article 48(4) and Article 48(4A) of the Income Tax Management Act which regulates Malta tax refund claims in terms of the Malta tax payment and refund system;
- Determine which questions to ask in order to establish the facts relevant for the purposes of identifying the Tax treatment of a particular transaction;
- Understand the relevance of ECJ case law to a particular scenarios;
- Understand the provisions of the Income Tax legislation relevant to specific scenarios;
- Professionally discuss Tax issues and developments with office colleagues and clients;
- Professionally enquire with the Income Tax Department officials about interpretation of Income Tax rules and regulations and possibly obtain written Income Tax rulings from the IRD;
- The learner will obtain an excellent use of advanced Tax terminology;
- Determine what is relevant for the purposes of identifying the Income tax treatment of a transaction;
- Professionally propose solutions to the problems identified and decide on how a transaction would be best treated from a Tax perspective;
- Gather a better understanding of the provisions of the Tax Act and relevant EU Directives and apply the relevance of the ECJ case law to the scenarios under review.
- Ability to study and develop further Income Tax developments and take an active interest of current ECJ case law related to Income Tax
- Establish a methodology in which certain transactions should be tackled for Income Tax purposes.
- Ability to breakdown a business case and establish the Income Tax considerations of the case both from a Tax advisory perspective and a Tax compliance perspective