Malta

Andorra approves DTA with Malta

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On 25 May 2017, the general council of Andorra approved the Double Taxation Agreement (DTA) with Malta for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.

Ukraine ratifies the DTA with Malta

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On 1 May 2017, Mr. Petro Poroshenko, the President of Ukraine signed a law ratifying the Double Taxation Agreement (DTA) with Malta.

Under the provisions of the treaty, the withholding tax on dividend income shall not exceed 5% of the gross amount of the dividends if the beneficial owner is a company which controls directly or indirectly at least 20 per cent of the company paying the dividends and 15% of the gross amount of the dividends in all other cases. For interest and royalty income a maximum 10% withholding tax applies.

Ukraine: Parliament ratifies the double tax treaty with Malta

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The Parliament of Ukraine on 13 April 2017 ratified the income and capital tax treaty with Malta. The Convention and the protocol to it were signed by the Government of Ukraine and the Government of Malta in September 2013.

Under the provisions of the treaty, the withholding tax on dividend income shall not exceed 5% of the gross amount of the dividends if the beneficial owner is a company which controls directly or indirectly at least 20 per cent of the company paying the dividends and 15% of the gross amount of the dividends in all other cases.

For interest and royalty income a maximum 10% withholding tax applies.

Malta, Singapore TIEA enters into force

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On 31 January 2017, the Tax Information Exchange Agreement (TIEA) between Singapore and Malta was entered into force. This Agreement provides for the effective exchange of information regarding tax matters between the tax authorities including automatic exchange of information which is necessary for the exchange of financial account information based on the international standards formulated by the OECD, and is expected to contribute to the prevention of international tax evasion and tax abuse.

7 more countries sign tax co-operation agreement to enable BEPS Action 13

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According to a press release of 27 January 2017, published by the OECD, as part of continuing efforts to boost transparency by multinational enterprises (MNEs), Gabon, Hungary, Indonesia, Lithuania, Malta, Mauritius and the Russian Federation have signed the Multilateral Competent Authority Agreement for Country-by-Country Reporting (CbC MCAA), bringing the total number of signatories to 57. Lithuania and Hungary joined the Agreement in October and December 2016 respectively.

The CbC MCAA is an efficient mechanism that allows signatories to bilaterally and automatically exchange Country-by-Country Reports with each other, as contemplated by Action 13 of the BEPS Action Plan. It will help ensure that tax administrations obtain a better understanding of how MNEs structure their operations, while also ensuring that the confidentiality and appropriate use of such information is safeguarded. Information on the activation of exchange relationships under the MCAA will be released in due course.

Gabon, Indonesia, Malta, Mauritius and the Russian Federation signed the Agreement at a signing ceremony held during the second meeting of the Inclusive Framework on BEPS on 26-27 January 2017. The inclusive framework brings together over 100 countries and jurisdictions to collaborate on the implementation of the OECD/G20 Base Erosion and Profit Shifting (BEPS) package.

Malta: IRD issues Guidelines on use of Mutual Agreement Procedure

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The Inland Revenue Department of Malta issued guidelines for the use of the Mutual Agreement Procedure under the provisions of Article 96(2) of the Income Tax Act (ITA), on 15 December 2016. The procedure permits the Malta Competent Authority to interact with their counterparts in contracting states to a tax treaty or parties to the Arbitration Convention, in order to resolve international tax disputes.

Malta, Vietnam income tax treaty enters into force

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On 25 November 2016, the income tax treaty between Malta and Vietnam was entered into force. This treaty will apply from 1 January 2017.