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Malaysia - Senegal Tax Treaty (2010, not yet in force) — 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.

PROTOCOL

At the signing of the Agreement between the Government of Malaysia and the Government of the republic of Senegal for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, both Governments have agreed that the following provision shall form an integral part of the Agreement:

  • (i) With reference to paragraph 1 of Article 4, it is understood that the second sentence of this paragraph is not to exclude residents of Contracting States adopting a territorial principle in their taxation law; and
  • (ii) With reference to paragraph 1(g) of Article 3, paragraph 1 of Article 8, paragraph 3 of Article 14 and paragraph 3 of Article 16, it is understood that the "place of effective management" is the place where a company is actually managed and controlled or the place where the decision-making at the highest level on the important policies essential for the management of a company takes place.

IN WITNESS WHEREOF, the undersigned, duly authorised thereto, by their respective Governments, have signed this Agreement.

DONE in duplicate at Dakar, this seventeenth day of February 2010, each in the Malay, French and English languages, all three texts being equally authentic.

FOR THE GOVERNMENT OF MALAYSIA:

FOR THE GOVERNMENT OF THE REPUBLIC OF SENEGAL: