Practice Expertise
Areas of Practice
- Corporate / M&A
- Private Clients
- Tax
Profile
Benjamin Malek is an associate in the tax department of Walder Wyss. His field of practice includes domestic and cross border tax matters, including complex cases involving tax treaties.
Benjamin advises high net worth individuals, family offices, trustees and foundations on restructurings, estate planning, relocations and asset protection strategies. He is also active in M&A transactions as well as group restructurings. Benjamin frequently negotiates advance tax rulings on behalf of clients. His practice also includes tax controversy, including criminal tax proceedings.
Benjamin previously held a lecturer position in tax law at the University of Lausanne (HEC Lausanne). He remains active in academia and is the author of numerous publications in legal journals.
Benjamin graduated in law from the University of Lausanne (BLaw, MLaw) and read tax law at the University of Oxford (MSc in Taxation). He is currently pursuing a doctorate (PhD) in international tax law.
Benjamin Malek advises clients in French and English and speaks Italian as well. He is registered with the Geneva Bar and is admitted to practice in all Switzerland. He is a member of the Swiss Bar Association, the Geneva Bar Association, and the International Fiscal Association (IFA).
Benjamin advises high net worth individuals, family offices, trustees and foundations on restructurings, estate planning, relocations and asset protection strategies. He is also active in M&A transactions as well as group restructurings. Benjamin frequently negotiates advance tax rulings on behalf of clients. His practice also includes tax controversy, including criminal tax proceedings.
Benjamin previously held a lecturer position in tax law at the University of Lausanne (HEC Lausanne). He remains active in academia and is the author of numerous publications in legal journals.
Benjamin graduated in law from the University of Lausanne (BLaw, MLaw) and read tax law at the University of Oxford (MSc in Taxation). He is currently pursuing a doctorate (PhD) in international tax law.
Benjamin Malek advises clients in French and English and speaks Italian as well. He is registered with the Geneva Bar and is admitted to practice in all Switzerland. He is a member of the Swiss Bar Association, the Geneva Bar Association, and the International Fiscal Association (IFA).
Areas of Practice
- Corporate / M&A
- Private Clients
- Tax
Professional Career
Significant Accomplishments
The Radio and television licence fee has been declared unconstitutional by the Federal Administrative Tribunal
The Radio and television licence fee has been declared unconstitutional by the Federal Administrative Tribunal
Articles
Procedural Aspects of Arbitration
The introduction of the principal purpose test in Switzerland: Analysis and recommendations
The Relevant Economic Activity Test and its Impact on the International Corporate Tax Policy Framework
Article 129 - Tax Harmonization
Influence of EU case law on the prohibition of international tax abuse in Swiss practice
The Prohibition of Abuse of Rights after the CJEU Danish cases
Beneficial Ownership and Income Receipt under Double Taxation Conventions: Considerations following the Planet Case
Swiss National Report - Good faith in domestic and international tax law
The principle of capital contributions and concealed contributions: Reflections following the Federal Supreme Court decision 9C_678/2021 of 17 March 2023
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