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Malta - San Marino Tax Treaty (as amended by 2009 protocol) — Orbitax Tax Hub

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 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 San Marino, the San Marino tax on such income shall be allowed as a credit against the relative Malta tax payable thereon.

(2) In the case of San Marino, double taxation shall be eliminated as follows:

  • (a) Subject to the provisions of the law of San Marino regarding the allowance of a credit against San Marino tax in respect of foreign tax, and in accordance with the provisions of this Convention, income tax paid in Malta shall be allowed as a credit against the relative San Marino tax payable thereon.
  • (b) Where a resident of San Marino derives income which, in accordance with the provisions of this Convention, is not taxed in San Marino, San Marino may, nevertheless, in calculating the amount of tax on the remaining income of such resident, apply the same tax rate which would apply if the income in question were not exempt.