Lawyers Benjamin Malek
Benjamin Malek

Benjamin Malek

Associate
MLaw, Attorney at Law

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Location

Geneva

Contact

Direct phone: +41 58 658 31 23
benjamin.malek@walderwyss.com

Curriculum Vitae

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Areas of activity: Corporate / M&A Private Clients Tax

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).

The principle of capital contributions and concealed contributions: Reflections following the Federal Supreme Court decision 9C_678/2021 of 17 March 2023

| by R. Danon and Benjamin Malek | in: Steuer Revue vol. 78 | pp. 502-516

Procedural Aspects of Arbitration

| by Benjamin Malek | in: G. Maisto (Editor[s]) | "Dispute Resolutions under Tax Treaties and beyond" | 09/2023 | pp. 265-280

Swiss National Report - Good faith in domestic and international tax law

| by Benjamin Malek and R. Dorasamy

Beneficial Ownership and Income Receipt under Double Taxation Conventions: Considerations following the Planet Case

| by Benjamin Malek | in: Archiv für Schweizerisches Abgaberecht | pp. 161-192

Article 129 - Tax Harmonization

| by R. Danon and Benjamin Malek | in: in . Martenet and J. Dubey (eds.), Constitution fédérale, Commentaire romand | pp. 2566-2592

Influence of EU case law on the prohibition of international tax abuse in Swiss practice

| by R. Danon and Benjamin Malek | in: Archiv für Schweizerisches Abgaberecht | pp. 477-511

The Prohibition of Abuse of Rights after the CJEU Danish cases

| by R. Danon, D. Gutmann, M. Lukkien, G. Maisto, A. Martín Jiménez and Benjamin Malek | in: Intertax | pp. 482-516

The introduction of the principal purpose test in Switzerland: Analysis and recommendations

| by Benjamin Malek | in: IFF Forum für Steuerrecht | pp. 106-127

The Relevant Economic Activity Test and its Impact on the International Corporate Tax Policy Framework

| by V. Chand and Benjamin Malek | in: British Tax Review | pp. 394-424

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