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Specialism: Lawyers Immigration, Tax, Estate Planning
Company: Fenech & Fenech Advocates
Location: Valletta, Malta
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Average client size: £5 million - £25 million
Fixed fee offering: Yes - Whilst we typically charge on a time spent basis, we have fixed fees offerings in relation to particular assignments e.g. applications for citizenship, residence permits and status in terms of tax programmes, as well as in relation to particular jobs e.g. fee proposal for the drafting of a trust settlement.
Number of offices globally: 1-5
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European Commission consultation to avoid aggressive tax planning
I was engaged as a Malta national expert for the purposes of the Study on Structures of Aggressive Tax Planning and Indicators, commissioned by the European Commission and published as part of the EU’s Anti Tax Avoidance Package in January 2016.
Advised on an Eastern European shopping mall litigation: Euro 100's millions
We advised on all the corporate/tax restructuring of the largest shopping mall operator in an Eastern European company with Malta entities, advising on the corporate and tax aspects of same, and assisting clients in a year plus long dispute with a shareholder in Court, leading to the recent closing of a corporate deal in the € 100’s millions.
Advising a client on repurchasing his group
We recently advised a client with respect to a rationalisation of his interests in a multi-national group, across several jurisdictions, devising a partnership arrangement for profit extraction at various levels and in various legal forms. Subsequently, we assisted this same client in a reversal of this transaction, further to which he repurchased his entire group.
Tax arrangement concerning commercial yacht
We were asked to consider a case where a Maltese company holds a commercial yacht on the basis of a ‘mandatory relationship’ as required by German tax law, to accordingly consider the proper categorization of this relationship both legally and also for tax purposes, and whether the company thus qualified to benefit from Malta’s Tonnage Tax Regime. This case was particularly complex as we had to advise on the proper legal categorization of the relationship in order to be able to then advise on the tax treatment of the arrangement as so structured. This case illustrates the unique skill set that our Tax & Immigration Law Team – forming part of one of the oldest, largest full service law firms, brings to the table, as we had to draw upon our extensive experience and expertise in Civil Law and Trust Law in order to be able to properly categorise the particular mandatory relationship so as to advise on the tax treatment of same. We also liaised with the Malta Financial Services Authority to seek an innovative ruling on the matter.
Assisting HNWI family owning a multi-national group in hospitality
This was a very challenging case, involving a very large privately owned multi national group spanning a number of jurisdictions and companies set up in same. Client had booked a number of transactions involving a number of Maltese companies in the books of the foreign companies, but had not notified the Maltese companies involved, that had not executed the documentation giving effect to same at the Malta end and had since closed its financial statements for the years in question going back a few years. We were brought in to analyse the tax treatment of each of the transactions that were not booked in Malta, to advise on the tax consequences of same, and how best to address this non-booking from a legal and tax point of view, so as to ratify / give effect to the transactions in question and, in so doing, seek to mitigate the negative tax implications of same. This required us to bring to the table our extensive corporate and transactional law expertise, besides our tax law expertise, and the expertise of our inhouse tax accounting team, to advise on how best to regularise same and move forward to take the necessary legal steps in the most tax efficient way possible.