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Malta

General anti-abuse Rule (GAAR)

For the purposes of calculating the tax liability in according with the Income Tax Acts, there shall be ignored an arrangement or a series of arrangements which, having been put into place for the main purpose or one of the main purposes of obtaining a tax advantage that defeats the object or purpose of the applicable tax law, are not genuine having regard to all relevant facts and circumstances. An arrangement may comprise more than one step or part.

An arrangement or a series thereof shall be regarded as non-genuine to the extent that they are not put into place for valid commercial reasons which reflect economic reality.

Where arrangements or a series thereof are ignored in accordance with this Rule, the tax liability shall be calculated in accordance with the provisions of the Income Tax Acts.

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