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Note: This Treaty may be impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI). MLI impact on Tax Treaties is available with the Orbitax International Tax Research & Compliance Expert.

ARTICLE 22

Elimination of Double Taxation

(1) In the case of Slovakia, double taxation shall be eliminated as follows: Slovakia, when imposing taxes on its residents, may include in the tax base upon which such taxes are imposed the items of income which according to the provisions of this Convention may also be taxed in Malta, but shall allow as a credit against the amount of tax computed on such a base an amount equal to the tax paid in Malta. Such credit shall not, however, exceed that part of the Slovak tax, as computed before the credit is given, which is appropriate to the income which, in accordance with the provisions of this Convention, may be taxed in Malta.

(2) In the case of Malta, double taxation shall be eliminated as follows: Subject to the provisions of the law of Malta regarding the allowance of a credit against Malta tax in respect of foreign tax, where, in accordance with the provisions of this Convention, there is included in a Malta assessment income from sources within Slovakia, the Slovak tax on such income shall be allowed as a credit against the relative Malta tax payable thereon.

(3) For the purposes of allowance as a credit, the tax payable in Slovakia or Malta, as the context requires, shall be deemed to include the tax which is otherwise payable in a Contracting State but has been reduced or waived by that State under its legal provisions for tax incentives.