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International Tax Advice

Some cas­es may require tax advice both in Mal­ta and in anoth­er juris­dic­tion, which we pro­vide draw­ing on the resources of our exten­sive net­work. One core capac­i­ty of Dr. Wern­er & Part­ner is inter­na­tion­al tax advice, mean­ing advis­ing in regard to cross-bor­der trans­ac­tions where knowl­edge and expe­ri­ence in deal­ing with inter­na­tion­al tax treaties, such as dou­ble tax­a­tion agree­ments, is crit­i­cal. Addi­tion­al­ly, com­ply­ing with new inter­na­tion­al agree­ments and reg­u­la­to­ry schemes will become increas­ing­ly essen­tial both in the near and dis­tant future. These include:

  • The Anti-BEPS Action Plan
  • The EU Anti-Avoid­ance Direc­tive
  • The Fourth Anti-Mon­ey Laun­der­ing Direc­tive
  • The Com­mon Report­ing Stan­dard
  • CCCTB

Inter­na­tion­al tax is an area that is con­stant­ly grow­ing and chang­ing and which there­fore pro­vides man­i­fold oppor­tu­ni­ties for inter­pre­ta­tion. We are famil­iar with the par­tic­u­lar­i­ties that can arise as the result of the inter­ac­tion between two nation­al sets of tax laws (espe­cial­ly regard­ing Mal­ta and oth­er juris­dic­tions) and can advise our clients accord­ing­ly.

Expert inter­na­tion­al tax advice is part of Dr. Wern­er & Partner’s com­pa­ny for­ma­tion ser­vices and includ­ed in our cor­po­rate fees. As a gen­er­al rule, clients pay Dr. Wern­er & Part­ner an annu­al flat rate fee for cor­po­rate ser­vices. Such flat rate fee how­ev­er allows for qua­si-unlim­it­ed access to all of our advi­so­ry resources.

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HOW LONG DOES IT TAKE TO MOVE TO MALTA WHEN FORMING A COMPANY?

About 3 months to com­plete every­thing.

WHEN DOES FORMING A COMPANY IN MALTA MAKE SENSE?

That depends on your par­tic­u­lar case and what you con­sid­er that makes it “worth it”. If you don’t want to move to Mal­ta, it usu­al­ly makes sense where there are annu­al prof­its involved of more than EUR 750K, or if you do want to move to Mal­ta where there are annu­al prof­its of more than EUR 100K.

OK, SO I’LL JUST RENT A FLAT IN MALTA AND DE-REGISTER WHERE I LIVE. HOW SHOULD THE FINANCIAL AUTHORITIES THEN BE ABLE TO PROVE THAT I’M STILL THERE?

1. Regard­less of whether or not the local finan­cial author­i­ties find out about it, or whether or not they can prove it, it can still be con­sid­ered tax eva­sion to be resid­ing in anoth­er coun­try and not pay­ing tax­es there.
2. In many coun­tries, the local finan­cial author­i­ties usu­al­ly do not need to prove any­thing. You do. They make a claim, and you need to show the oppo­site.

SO FOR WHOM DOES MALTA MAKE PERFECT SENSE?

First of all, for any­one who is not tied down and can imag­ine liv­ing in Mal­ta. In our view, it’s par­tic­u­lar­ly favourable for inter­na­tion­al entre­pre­neurs and inter­net-based busi­ness com­pa­ny own­ers who can work (and who do work) from any PC or tele­phone locat­ed any­where in the world.

THIS ALL SOUNDS SO COMPLICATED!

It can be, but it doesn’t need to be because you have us to ana­lyze and struc­ture every­thing for you. There is no for­mu­la or “one-size-fits-all” solu­tion for every­body. What’s per­fect­ly alright for one client may have seri­ous con­se­quences for anoth­er. Each case is dif­fer­ent, and each requires indi­vid­ual expert advice.