Double Taxation Relief (Taxes on Income) (Georgia) Order,

L.N. 65 of 2010

INCOME TAX ACT

(CAP. 123)

Double Taxation Relief (Taxes on Income) (Georgia) Order,

IN exercise of the powers conferred by article 76 of the

Income Tax Act, the Minister of Finance, the Economy and

Investment has made the following order:-

The title of this order is the Double Taxation Relief

(Taxes on Income) (Georgia) Order, 2010.

It is hereby declared:-

(a) that the arrangements specified in the Agreement

set out in the Schedule to this Order have been made with the

Government of Georgia with a view to affording relief from

double taxation in relation to the following taxes imposed by

the laws of Georgia

(i) profit tax,

(ii)

income tax,

(iii) property tax;

(b) that it is expedient that those arrangements should

have effect;

(c) that the Convention has entered into force on the

30th December, 2009.

B

AGREEMENT BETWEEN

THE GOVERNMENT OF MALTA

AND

THE GOVERNMENT OF GEORGIA

FOR THE AVOIDANCE OF DOUBLE TAXATION

AND THE PREVENTION OF FISCAL EVASION

WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL

B

The Government of Georgia and the Government of Malta desiring to conclude an Agreement for the

avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and

on capital,

Have agreed as follows

Article 1

PERSONS COVERED

This Agreement shall apply to persons who are residents of one or both of the Contracting States.

Article 2

TAXES COVERED

1. This Agreement shall apply to taxes on income and on capital imposed on behalf of a

Contracting State or of its political-administrative subdivisions or local authorities, irrespective of the

manner in which they are levied.

2. There shall be regarded as taxes on income and on capital all taxes imposed on total income, on

total capital, or on elements of income or of capital, including taxes on gains from the alienation of

movable or immovable property, taxes on the total amounts of wages or salaries paid by enterprises, as

well as taxes on capital appreciation.

The existing taxes to which this Agreement shall apply are

(a)

in the case of Georgia

(i) profit tax;

(ii) income tax;

(iii) property tax;

(hereinafter referred to as "Georgian tax");

(b)

in the case of Malta

income tax;

(hereinafter referred to as "Malta tax”).

This Agreement shall apply also to any identical or substantially similar taxes which are imposed

after the date of signature of this Agreement in addition to, or in place of, the existing taxes. The

competent authorities of the Contracting States shall notify each other of any significant changes which

have been made in their respective taxation laws.

B

Article 3

GENERAL DEFINITIONS

1. For the purposes of this Agreement, unless the context otherwise requires

(a) the term "Georgia" means the territory defined by Georgian legislation, including land territory,

its subsoil and the air space above it, internal waters and territorial sea, the sea bed, its sub-soil and the

air space above them, in respect of which Georgia exercises its jurisdiction and sovereignty, as well as

the contiguous zone, the exclusive economic zone and continental shelf adjacent to its territorial sea, in

respect of which Georgia may exercise its sovereign rights and jurisdiction in accordance with the

international law;

the term "Malta" means the Republic of Malta and, when used in a geographical sense, means

(b)

the Island of Malta, the Island of Gozo and the other islands of the Maltese archipelago including the

territorial waters thereof, as well as any area of the sea-bed, its sub-soil and the superjacent water

column adjacent to the territorial waters, wherein Malta exercises sovereign rights, jurisdiction, or

control in accordance with international law and its national law, including its legislation relating to the

exploration of the continental shelf and exploitation of its natural resources;

(c)

the terms “a Contracting State” and “the other Contracting State” mean Malta or Georgia, as

the context requires;

(d)

the term ”person” includes an individual, a company and any other body of persons;

(e)

the term “company” means any body corporate or any entity that is treated as a body

corporate for tax purposes;

(f) the terms "enterprise of a Contracting State" and "enterprise of the other Contracting State" mean

respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried

on by a resident of the other Contracting State;

the term "international traffic" means any transport by a ship or aircraft operated by an

(g)

enterprise of a Contracting State, except when the ship or aircraft is operated solely between

places in the other Contracting State;

(h)

the term “competent authority” means

(i) in the case of Georgia, the Ministry of Finance or its authorised representative;

(ii) in the case of Malta, the Minister responsible for finance or his authorised representative;

(i)

the term "national" means

(i)

any individual possessing the nationality or citizenship of a Contracting State;

(ii)

any legal person, partnership or association deriving its status as such from the laws in

force in a Contracting State.

B

2. As regards the application of the Agreement at any time by a Contracting State, any term not

defined therein shall, unless the context otherwise requires, have the meaning that it has at that time

under the law of that State for the purposes of the taxes to which the Agreement applies, any meaning

under the applicable tax laws of that State prevailing over a meaning given to the term under other laws

of that State.

Article 4

RESIDENT

1. For the purposes of this Agreement, the term "resident of a Contracting State" means any

person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence,

place of management or any other criterion of a similar nature, and also includes that State and any

political-administrative subdivision or local authority thereof. This term, however, does not include any

person who is liable to tax in that State in respect only of income from sources in that State or capital

situated therein.

2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting

States, then his status shall be determined as follows

(a)

he shall be deemed to be a resident only of the State in which he has a permanent home

available to him; if he has a permanent home available to him in both States, he shall be deemed to be a

resident only of the State with which his personal and economic relations are closer (centre of vital

interests);

(b)

if the State in which he has his centre of vital interests cannot be determined, or if he

has not a permanent home available to him in either State, he shall be deemed to be a resident only of

the State in which he has an habitual abode;

(c)

if he has an habitual abode in both States or in neither of them, he shall be deemed to be a

resident only of the State of which he is a national;

(d)

if he is a national of both States or of neither of them, the competent authorities of the

Contracting States shall settle the question by mutual agreement.

3. Where by reason of the provisions of paragraph 1 a person other than an individual is a resident

of both Contracting States, then it shall be deemed to be a resident only of the State in which its place

of effective management is situated.

Article 5

PERMANENT ESTABLISHMENT

1. For the purposes of this Agreement, the term "permanent establishment" means a fixed place

of business through which the business of an enterprise is wholly or partly carried on.

B

2. The term "permanent establishment" includes especially

(a)

a place of management;

(b)

a branch;

(c)

an office;

(d)

a factory;

(e)

a workshop and

(f)

a mine, an oil or gas well, a quarry or any other place of extraction of natural resources.

3. A building site or construction or installation project constitutes a permanent establishment only if

it lasts more than six months.

4. Notwithstanding the preceding provisions of this Article, the term "permanent establishment"

shall be deemed not to include

(a)

the use of facilities solely for the purpose of storage, display or delivery of

goods or

merchandise belonging to the enterprise;

(b)

the maintenance of a stock of goods or merchandise belonging to the enterprise solely for

the purpose of storage, display or delivery;

(c)

the maintenance of a stock of goods or merchandise belonging to the enterprise solely for

the purpose of processing by another enterprise;

(d)

the maintenance of a fixed place of business solely for the purpose of purchasing goods

or merchandise, or of collecting information, for the enterprise;

(e)

the maintenance of a fixed place of business solely for the purpose of carrying on, for the

enterprise, any other activity of a preparatory or auxiliary character;

(f)

the maintenance of a fixed place of business solely for any combination of activities

mentioned in sub-paragraphs (a) to (e) of this paragraph, provided that the overall activity of the

fixed place of business resulting from this combination is of a preparatory or auxiliary character.

Notwithstanding the provisions of paragraphs 1 and 2, where a person - other than an agent of

an independent status to whom paragraph 6 applies - is acting on behalf of an enterprise and has, and

habitually exercises, in a Contracting State an authority to conclude contracts in the name of the

enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of

any activities which that person undertakes for the enterprise, unless the activities of such person are

limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business,

would not make this fixed place of business a permanent establishment under the provisions of that

paragraph.

An enterprise shall not be deemed to have a permanent establishment in a Contracting State

merely because it carries on business in that State through a broker, general commission agent or any

other agent of an independent status, provided that such persons are acting in the ordinary course of

their business.

B

The fact that a company which is a resident of a Contracting State controls or is controlled by a

company which is a resident of the other Contracting State, or which carries on business in that other

State (whether through a permanent establishment or otherwise), shall not of itself constitute either

company a permanent establishment of the other.

Article 6

INCOME FROM IMMOVABLE PROPERTY

1. Income derived by a resident of a Contracting State from immovable property (including income

from agriculture or forestry) situated in the other Contracting State may be taxed in that other State.

2. The term "immovable property" shall have the meaning which it has under the law of the

Contracting State in which the property in question is situated. The term shall in any case include

property accessory to immovable property, livestock and equipment used in agriculture and forestry,

rights to which the provisions of general law respecting landed property apply, usufruct of immovable

property and rights to variable or fixed payments as consideration for the working of, or the right to

work, mineral deposits, sources and other natural resources; ships and aircraft shall not be regarded as

immovable property.

3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or

use in any other form of immovable property.

4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of

an enterprise and to income from immovable property used for the performance of independent

personal services.

Article 7

BUSINESS PROFITS

1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the

enterprise carries on business in the other Contracting State through a permanent establishment situated

therein. If the enterprise carries on business as aforesaid, the profits of the enterprise may be taxed in

the other State but only so much of them as is attributable to that permanent establishment.

2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on

business in the other Contracting State through a permanent establishment situated therein, there shall

in each Contracting State be attributed to that permanent establishment the profits which it might be

expected to make if it were a distinct and separate enterprise engaged in the same or similar activities

under the same or similar conditions and dealing wholly independently with the enterprise of which it

is a permanent establishment.

3. In determining the profits of a permanent establishment, there shall be allowed as deductions

expenses which are incurred for the purposes of the permanent establishment, including executive and

general administrative expenses so incurred, whether in the Contracting State in which the permanent

establishment is situated or elsewhere.

B

4. Insofar as it has been customary in a Contracting State to determine the profits to be attributed

to a permanent establishment on the basis of an apportionment of the total profits of the enterprise to its

various parts, nothing in paragraph 2 shall preclude that Contracting State from determining the profits

to be taxed by such an apportionment as may be customary; the method of apportionment adopted

shall, however, be such that the result shall be in accordance with the principles contained in this

Article.

5. No profits shall be attributed to a permanent establishment by reason of the mere purchase by

that permanent establishment of goods or merchandise for the enterprise.

6. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent

establishment shall be determined by the same method year by year unless there is good and sufficient

reason to the contrary.

Where profits include items of income which are dealt with separately in other Articles of this

7. Agreement, then the provisions of those Articles shall not be affected by the provisions of this Article.

Article 8

SHIPPING AND AIR TRANSPORT

1. Profits of an enterprise of a Contracting State from the operation of ships or aircraft in

international traffic shall be taxable only in that State.

2. The provisions of paragraph 1 shall also apply to profits from the participation in a pool, a

joint business or an international operating agency.

Article 9

ASSOCIATED ENTERPRISES

1. Where

(a)

an enterprise of a Contracting State participates directly or indirectly in the management,

control or capital of an enterprise of the other Contracting State, or

(b) the same persons participate directly or indirectly in the management, control or capital of an

enterprise of a Contracting State and an enterprise of the other Contracting State,

and in either case conditions are made or imposed between the two enterprises in their commercial or

financial relations which differ from those which would be made between independent enterprises, then

any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason

of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed

accordingly.

2. Where a Contracting State includes in the profits of an enterprise of that State - and taxes accor-

dingly - profits on which an enterprise of the other Contracting State has been charged to tax in that

other State and the profits so included are profits which would have accrued to the enterprise of the

first-mentioned State if the conditions made between the two enterprises had been those which would

B

have been made between independent enterprises, then that other State shall make an appropriate

adjustment to the amount of the tax charged therein on those profits. In determining such adjustment,

due regard shall be had to the other provisions of this Agreement and the competent authorities of the

Contracting States shall if necessary consult each other.

Article 10

DIVIDENDS

1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other

Contracting State shall be taxable only in that other State.

This paragraph shall not affect the taxation of the company in respect of the profits out of which the

dividends are paid.

2. The term “dividends” as used in this Article means income from shares, "jouissance" shares or

"jouissance" rights, mining shares, founders’ shares or other rights, not being debt-claims, participating

in profits, as well as income from other corporate rights which is subjected to the same taxation

treatment as income from shares by the laws of the State of which the company making the distribution

is a resident.

3. The provisions of paragraph 1 shall not apply if the beneficial owner of the dividends, being a

resident of a Contracting State, carries on business in the other Contracting State of which the company

paying the dividends is a resident through a permanent establishment situated therein, or performs in

that other State independent personal services from a fixed base situated therein, and the holding in

respect of which the dividends are paid is effectively connected with such permanent establishment or

fixed base. In such case the provisions of Article 7 or Article 14 of this Agreement, as the case may be,

shall apply.

4. Where a company which is a resident of a Contracting State derives profits or income from the

other Contracting State, that other State may not impose any tax on the dividends paid by the company,

except insofar as such dividends are paid to a resident of that other State or insofar as the holding in

respect of which the dividends are paid is effectively connected with a permanent establishment or a

fixed base situated in that other State, nor subject the company's undistributed profits to a tax on the

company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly

or partly of profits or income arising in such other State.

Article 11

INTEREST

1. Interest arising in a Contracting State and paid to a resident of the other Contracting State shall

be taxable only in that other State.

2. The term "interest" as used in this Article means income from debt-claims of every kind, whether

or not secured by mortgage and whether or not carrying a right to participate in the debtor’s profits, and

in particular, income from government securities and income from bonds or debentures, including

premiums and prizes attaching to such securities, bonds or debentures. Penalty charges for late

payment shall not be regarded as interest for the purpose of this Article.

B

3. The provisions of paragraph 1 shall not apply if the beneficial owner of the interest, being a

resident of a Contracting State, carries on business in the other Contracting State in which the interest

arises, through a permanent establishment situated therein, or performs in the other State independent

personal services from a fixed base situated therein and the debt-claim in respect of which the interest

is paid is effectively connected with such permanent establishment or fixed base. In such case the

provisions of Article 7 or Article 14 of this Agreement, as the case may be, shall apply.

4. Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State.

Where, however, the person paying the interest, whether he is a resident of a Contracting State or not,

has in a Contracting State a permanent establishment or a fixed base in connection with which the

indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent

establishment or fixed base, then such interest shall be deemed to arise in the State in which the

permanent establishment or fixed base is situated.

5. Where, by reason of a special relationship between the payer and the beneficial owner or between

both of them and some other person, the amount of the interest, having regard to the debt-claim for

which it is paid, exceeds the amount which would have been agreed upon by the payer and the

beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to

the last-mentioned amount. In such case, the excess part of the payments shall remain taxable

according to the laws of each Contracting State, due regard being had to the other provisions of this

Agreement.

Article 12

ROYALTIES

1. Royalties arising in a Contracting State and beneficially owned by a resident of other

Contracting State shall be taxable only in that other State.

2. The term "royalties" as used in this Article means payments of any kind received as a

consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work

including cinematograph films, any patent, trade mark, design or model, plan, secret formula or

process, or for information concerning industrial, commercial or scientific experience.

3. The provisions of paragraph 1 shall not apply if the beneficial owner of the royalties, being a

resident of a Contracting State, carries on business in the other Contracting State in which the royalties

arise, through a permanent establishment situated therein, or performs in that other State independent

personal services from a fixed base situated therein, and the right or property in respect of which the

royalties are paid is effectively connected with such permanent establishment or fixed base. In such

case the provisions of Article 7, or Article 14 of this Agreement, as the case may be, shall apply.

4. Royalties shall be deemed to arise in a Contracting State when the payer is a resident of the

Contracting State. Where, however, the person paying the royalties, whether he is a resident of a

Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in

connection with which the liability to pay the royalties was incurred, and such royalties are borne by

such permanent establishment or fixed base, then such royalties shall be deemed to arise in the State in

which the permanent establishment or fixed base is situated.

B

5. Where, by reason of a special relationship between the payer and the beneficial owner or

between both of them and some other person, the amount of the royalties, having regard to the use,

right or information for which they are paid, exceeds the amount which would have been agreed upon

by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article

shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall

remain taxable according to the laws of each Contracting State, due regard being had to the other

provisions of this of this Agreement.

Article 13

CAPITAL GAINS

1. Gains derived by a resident of a Contracting State from the alienation of immovable property

referred to in Article 6 and situated in the other Contracting State may be taxed in that other State.

2. Gains from the alienation of movable property forming part of the business property of a

permanent establishment which an enterprise of a Contracting State has in the other Contracting State

or of movable property pertaining to a fixed base available to a resident of a Contracting State in the

other Contracting State for the purpose of performing independent personal services, including such

gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of

such fixed base, may be taxed in that other State.

3. Gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft

operated in international traffic, or from movable property pertaining to the operation of such ships or

aircraft shall be taxable only in that State.

4. Gains derived by a resident of a Contracting State from the alienation of shares deriving more

than 50 per cent of their value directly or indirectly from immovable property situated in the other

Contracting State may be taxed in that other State.

5. Gains from the alienation of any property other than that referred to in paragraphs 1, 2, 3 and 4

shall be taxable only in the Contracting State of which the alienator is a resident.

Article 14

INDEPENDENT PERSONAL SERVICES

1. Income derived by an individual who is a resident of a Contracting State in respect of

professional services or other activities of an independent character shall be taxable only in that State

unless he has a fixed base regularly available to him in the other Contacting State for the purpose of

performing his activities. If he has such a fixed base, the income may be taxed in the other State but

only so much of it as is attributable to that fixed base.

2. The term “professional services’’ includes especially independent scientific, literary, artistic,

educational or teaching activities as well as the independent activities of physicians, lawyers,

engineers, architects, dentists and accountants.

B

Article 15

INCOME FROM EMPLOYMENT

1. Subject to the provisions of Articles 16, 18 and 19 of this Agreement, salaries, wages and other

similar remuneration derived by a resident of a Contracting State in respect of an employment shall be

taxable only in that State unless the employment is exercised in the other Contracting State. If the

employment is so exercised, such remuneration as is derived therefrom may be taxed in that other

State.

2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a

Contracting State in respect of an employment exercised in the other Contracting State shall be taxable

only in the first-mentioned State if

(a) the recipient is present in the other State for a period or periods not exceeding in the

aggregate 183 days in any twelve month period commencing or ending in the fiscal year concerned,

and

(b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other

State, and

(c) the remuneration is not borne by a permanent establishment or a fixed base which the employer

has in the other State.

3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an

employment exercised aboard a ship or aircraft operated in international traffic by an enterprise

of a Contracting State may be taxed in that State.

Article 16

DIRECTORS' FEES

Directors' fees and other similar payments derived by a resident of a Contracting State in his

capacity as a member of the board of directors of a company which is a resident of the other

Contracting State may be taxed in that other State.

Article 17

ARTISTES AND SPORTSMEN

1. Notwithstanding the provisions of Articles 14 and 15 of this Agreement, income derived by a

resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or

television artiste, or a musician, or as a sportsman, from his personal activities as such exercised in the

other Contracting State, may be taxed in that other State.

2. Where income in respect of personal activities exercised by an entertainer or a sportsman in his

capacity as such accrues not to the entertainer or sportsman himself but to another person, that income

may, notwithstanding the provisions of Articles 14 and 15 of this Agreement, be taxed in the Con-

tracting State in which the activities of the entertainer or sportsman are exercised.

B

3. The provisions of paragraphs 1 and 2 of this Article shall not apply to income derived from

activities performed in a Contracting State by artistes or sportsmen if the visit to that State is wholly or

mainly supported by public funds of one or both of the Contracting States or local authorities thereof.

In such a case, the income shall be taxable only in the Contracting State in which the artiste or the

sportsman is a resident.

Article 18

PENSIONS AND SOCIAL SECURITY PAYMENTS

Subject to the provisions of paragraph 2 of Article 19 of this Agreement, pensions and other

similar remuneration paid to a resident of a Contracting State in consideration of past employment shall

be taxable only in that State.

Article 19

GOVERNMENT SERVICE

1. (a) Salaries, wages and other similar remuneration, paid by a Contracting State or a political –

administrative subdivision, or a local authority thereof to an individual in respect of services rendered

to that State or subdivision or authority shall be taxable only in that State.

(b)

However, such salaries, wages and other similar remuneration shall be taxable only in

the other Contracting State if the services are rendered in that State and the individual is a resident of

that State who

(i)

is a national of that State; or

(ii)

did not become a resident of that State solely for the purpose of rendering the

services.

2. (a)

Notwithstanding the provisions of paragraph 1, pensions and other similar remuneration

paid by, or out of funds created by, a Contracting State or a political-administrative subdivision or a

local authority thereof to an individual in respect of services rendered to that State or subdivision, or

authority shall be taxable only in that State.

(b) However, such pensions and other similar remuneration shall be taxable only in the other

Contracting State if the individual is a resident of, and a national of, that State.

3. The provisions of Articles 15, 16, 17 and 18 shall apply to salaries, wages, pensions, and

other similar remuneration in respect of services rendered in connection with a business carried on by a

Contracting State or a political-administrative subdivision or a local authority thereof.

B

Article 20

STUDENTS

Payments which a student or business apprentice who is or was immediately before visiting a

Contracting State a resident of the other Contracting State and who is present in the first-mentioned

State solely for the purpose of his education or training receives for the purpose of his maintenance,

education or training shall not be taxed in that State, provided that such payments arise from sources

outside that State.

Article 21

OTHER INCOME

1. Items of income of a resident of a Contracting State, wherever arising, not dealt with in the

foregoing Articles of this Agreement shall be taxable only in that State.

2. The provisions of paragraph 1 shall not apply to income, other than income from immovable

property as defined in paragraph 2 of Article 6 of this Agreement, if the recipient of such income,

being a resident of a Contracting State, carries on business in the other Contracting State through a

permanent establishment situated therein or performs in that other State independent personal services

from a fixed base situated therein and the right or property in respect of which the income is paid is

effectively connected with such permanent establishment or fixed base. In such case the provisions of

Article 7 or Article 14 of this Agreement shall apply.

Article 22

Capital

1. Capital represented by immovable property referred to in Article 6 of this Agreement, owned by

a resident of a Contracting State and situated in the other Contracting State, may be taxed in that other

State.

2. Capital represented by movable property forming part of the business property of a permanent

establishment which an enterprise of a Contracting State has in the other Contracting State or by

movable property pertaining to a fixed base available to a resident of a Contracting State in the other

Contracting State for the purpose of performing independent personal services, may be taxed in that

other State.

3. Capital represented by ships and aircraft operated in international traffic by an enterprise of a

Contracting State and by movable property pertaining to the operation of such ships and aircraft, shall

be taxable only in that State.

4. All other elements of capital of a resident of a Contracting State shall be taxable only in that

State.

B

Article 23

ELIMINATION OF DOUBLE TAXATION

1. In the case of Georgia, double taxation shall be eliminated as follows

(a)

Where a resident of Georgia derives income or owns capital which, in accordance with the

provisions of this Agreement, may be taxed in Malta, Georgia shall allow

(i)

as a deduction from the tax on the income of that resident, an amount equal to the

income tax paid in Malta;

(ii) as a deduction from the tax on the capital of that resident, an amount equal to the

capital tax (if any) paid in Malta.

Such deduction in either case shall not, however, exceed that part of the income tax or capital tax, as

computed before the deduction is given, which is attributable, as the case may be, to the income or the

capital which may be taxed in Malta;

(b)

Where in accordance with any provision of the Agreement income derived or capital owned by

a resident of a Georgia is exempt from tax in Georgia, Georgia may nevertheless, in calculating the

amount of tax on the remaining income or capital of such resident, take into account the exempted

income or capital.

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 Agreement,

there is included in a Malta assessment income from sources within Georgia, the Georgian tax on

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

Article 24

NON-DISCRIMINATION

1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any

taxation or any requirement connected therewith, which is other or more burdensome than the taxation

and connected requirements to which nationals of that other State in the same circumstances, in

particular with respect to residence, are or may be subjected. This provision shall, notwithstanding the

provisions of Article 1, also apply to persons who are not residents of one or both of the Contracting

States.

2. The taxation on a permanent establishment which an enterprise of a Contracting State has in the

other Contracting State shall not be less favourably levied in that other State than the taxation levied on

enterprises of that other State carrying on the same activities. This provision shall not be construed as

obliging a Contracting State to grant to residents of the other Contracting State any personal

allowances, reliefs and reductions for taxation purposes on account of civil status or family

responsibilities which it grants to its own residents.

3. Except where the provisions of paragraph 1 of Article 9, paragraph 5 of Article 11, or paragraph

5 of Article 12 apply, interest, royalties and other disbursements paid by an enterprise of a Contracting

B

State to a resident of the other Contracting State shall, for the purpose of determining the taxable

profits of such enterprise, be deductible under the same conditions as if they had been paid to a

resident of the first- mentioned State. Similarly, any debts of an enterprise of a Contracting State to a

resident of the other Contracting State shall, for the purpose of determining the taxable capital of such

enterprise, be deductible under the same conditions as if they had been contracted to a resident of the

first-mentioned State.

4. Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled,

directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in

the first-mentioned State to any taxation or any requirement connected therewith which is other or

more burdensome than the taxation and connected requirements to which other similar enterprises of

the first- mentioned State are or may be subjected.

5. The provisions of this Article shall, notwithstanding the provisions of Article 2, apply to taxes of

every kind and description.

Article 25

MUTUAL AGREEMENT PROCEDURE

1. Where a person considers that the actions of one or both of the Contracting States result or

will result for him in taxation not in accordance with the provisions of this Agreement, he may,

irrespective of the remedies provided by the domestic law of those States, present his case to the

competent authority of the Contracting State of which he is a resident or, if his case comes under

paragraph 1 of Article 24, to that of the Contracting State of which he is a national. The case must be

presented within three years from the first notification of the action resulting in taxation not in

accordance with the provisions of this Agreement.

2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is

not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the

competent authority of the other Contracting State, with a view to the avoidance of taxation which is

not in accordance with the Agreement. Any agreement reached shall be implemented notwithstanding

any time limits in the domestic law of the Contracting States.

3. The competent authorities of the Contracting States shall endeavour to resolve by mutual

agreement any difficulties or doubts arising as to the interpretation or application of the Agreement.

They may also consult together for the elimination of double taxation in cases not provided for in the

Agreement.

4. The competent authorities of the Contracting States may communicate with each other directly,

including through a joint commission consisting of themselves or their representatives, for the purpose

of reaching an agreement in the sense of the preceding paragraphs.

Article 26

EXCHANGE OF INFORMATION

1. The competent authorities of the Contracting States shall exchange such information as is

foreseeably relevant for carrying out the provisions of this Agreement or to the administration or

B

enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf

of the Contracting States, or of their political-administrative subdivisions or local authorities, insofar as

the taxation thereunder is not contrary to the Agreement. The exchange of information is not restricted

by Articles 1 and 2.

2. Any information received under paragraph 1 by a Contracting State shall be treated as secret in

the same manner as information obtained under the domestic laws of that State and shall be disclosed

only to persons or authorities (including courts and administrative bodies) concerned with the

assessment or collection of, the enforcement or prosecution in respect of, the determination of appeals

in relation to the taxes referred to in paragraph 1, or the oversight of the above. Such persons or

authorities shall use the information only for such purposes. They may disclose the information in

public court proceedings or in judicial decisions.

3. In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a

Contracting State the obligation

(a)

to carry out administrative measures at variance with the laws and administrative practice of

that or of the other Contracting State;

(b)

to supply information which is not obtainable under the laws or in the normal course of the

administration of that or of the other Contracting State;

(c)

to supply information which would disclose any trade, business, industrial, commercial or

professional secret or trade process, or information the disclosure of which would be contrary to public

policy (ordre public).

4. If information is requested by a Contracting State in accordance with this Article, the other

Contracting State shall use its information gathering measures to obtain the requested information,

even though that other State may not need such information for its own tax purposes. The obligation

contained in the preceding sentence is subject to the limitations of paragraph 3 but in no case shall such

limitations be construed to permit a Contracting State to decline to supply information solely because it

has no domestic interest in such information.

5. In no case shall the provisions of paragraph 3 be construed to permit a Contracting State to

decline to supply information solely because the information is held by a bank, other financial

institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to

ownership interests in a person.

Article 27

MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS

Nothing in this Agreement shall affect the fiscal privileges of members of diplomatic missions or

consular posts under the general rules of international law or under the provisions of special

agreements.

B

Article 28

ENTRY INTO FORCE

1. The Contracting States shall notify each other in written form, through diplomatic channels

that the legal requirements required by their law for the entry into force of this Agreement have been

complied with.

2. This Agreement shall enter into force on the date of receipt of the later notification. This

Agreement shall have effect

(a)

in the case of Georgia

(i) in respect of taxes withheld at source, to income derived on or after 1 January of the calendar

year next following the year in which the Agreement enters into force;

(ii) in respect of other taxes on income and on capital chargeable for any taxable year beginning

on or after 1 January of the calendar year next following the year in which the Agreement enters

into force.

(b)

in the case of Malta

in respect of taxes on income derived during any calendar year or accounting

period, as the case may be, beginning on or after the first day of January immediately

following the date on which the Agreement enters into force.

Article 29

TERMINATION

This Agreement shall remain in force until terminated by a Contracting State. Either of the

Contracting State may after the expiration of a period of five years from the date of its entry into force,

terminate this Agreement, by giving written notice of termination to the other Contracting State

through the diplomatic channels at least six months before the end of any calendar year. In such event,

this Agreement shall cease to have effect

(a)

in the case of Georgia

(i) in respect of taxes withheld at source, to income and on capital derived on or after 1 January

of the calendar year next following the year in which the notice is given;

(ii) in respect of other taxes on income and on capital chargeable for any taxable year beginning

on or after 1 January of the calendar year next following the year in which the notice is given.

(b)

in the case of Malta

in respect of taxes on income derived during any calendar year or accounting

period, as the case may be, beginning on or after the first day of January immediately

following the date on which the notice is given.

B

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective

Governments, have signed this Agreement.

Done at Rome this 23 rd day of October, 2009 in duplicate in the English and Georgian languages, both

texts being equally authentic. In case of divergence between the texts, it shall be resolved on the basis

of the English text.

Walter Balzan

Konstantine Gabashvili

For the Government of Malta

For the Government of Georgia

Artiklu 22

KAPITAL

1. Il-kapital li jkun jikkonsisti fi proprjetà immobbli msemmi fl-Artiklu 6 ta’ dan

il-Ftehim, li s-sid tieg#u jkun residenti ta’ Stat Kontraenti u li jkun jinsab fl-Istat

Kontraenti l-ie#or, jista’ ji"i intaxxat f’dak l-Istat l-ie#or.

2. Il-kapital li jkun jikkonsisti fi proprjetà mobbli li jifforma parti mill-proprjetà

kummer%jali ta’ stabbilment permanenti li impri$a ta’ Stat Kontraenti jkollha fl-Istat

Kontraenti l-ie#or jew fi proprjetà mobbli li tkun tappartjeni g#al ba$i stabbilita li

tkun disponibbli g#al residenti ta’ Stat Kontraenti fl-Istat Kontraenti l-ie#or g#all-fini

li jitwettqu servizzi personali indipendenti, jista’ ji"i intaxxat fl-Istat l-ie#or.

B

3. Il-kapital li jkun jikkonsisti f’bastimenti u in"enji ta’ l-ajru m#addmin fi

traffiku internazzjonali minn impri$a ta’ Stat Kontraenti u minn proprjetà mobbli li

tkun tappartjeni g#at-t#addim ta’ bastimenti u in"enji ta’ l-ajru b#al dawk, g#andhom

ikunu taxxabbli biss f’dak l-Istat.

4. Kull element ta’ kapital ie#or ta’ residenti ta’ Stat Kontraenti g#andu ji"i

intaxxat biss f’dak l-Istat.

Artiklu 23

ELIMINAZZJONI TA’ TAXXA DOPPJA

Fil-ka$ tal-!or"ja, it-taxxa doppja g#andha ti"i eliminata kif "ej

1. (a)

Meta residenti tal-!or"ja jikseb income jew ikun sid ta’ kapital li, skond il-

provvedimenti ta’ dan il-Ftehim, jistg#u ji"u intaxxati f’Malta, il-!or"ja g#andha

t#alli li ssir

(i)

b#ala tnaqqis mit-taxxa fuq l-income ta’ dak ir-residenti, ammont li

jkun daqs it-taxxa fuq l-income m#allsa f’Malta;

(ii)

b#ala tnaqqis mit-taxxa fuq il-kapital ta’ dak ir-residenti, ammont li

jkun daqs it-taxxa fuq il-kapital (jekk ikun il-ka$) m#allsa f’Malta.

Dak it-tnaqqis ma g#andu, madankollu, f’ebda ka$ ikun je%%edi dik il-parti mit-taxxa

fuq l-income jew mit-taxxa fuq il-kapital, kif din tkun "iet kalkolata qabel ma jing#ata

t-tnaqqis, li jkun attribwibbli, skond il-ka$, g#all-income jew g#all-kapital li jista’ ji"i

intaxxat f’Malta;

(b)

Meta skond xi provvediment ta’ dan il-Ftehim income miksub jew kapital li s-

sid tieg#u ikun residenti tal-!or"ja jkun e$enti mit-taxxa fil-!or"ja, il-!or"ja tista’

madankollu, meta tkun qeg#da tikkalkola l-ammont tat-taxxa fuq l-income jew fuq il-

kapital li jifdal ta’ dak ir-residenti, tie#u in akkont l-income jew il-kapital e$entat.

Fil-ka$ ta’ Malta, it-taxxa doppja g#andha ti"i eliminata kif "ej

2. Bla &sara g&all-provvedimenti tal-li"ijiet ta’ Malta dwar li jit#alla li jing#ata

kredit g#at-taxxa ta’ Malta tax dwar it-taxxa barranija, meta, skond il-

provvedimenti ta’ dan il-Ftehim, ji"i inklu$ fi stima li ssir Malta income minn

g#ejjun fil-!or"ja, it-taxxa tal-!or"ja fuq dak l-income g#andha tit#alla li ting#ata

b#ala kreditu g#at-taxxa relattiva ta’ Malta li tit#allas fuqha.

Artiklu 24

EBDA DISKRIMINAZZJONI

1. I%-%ittadini ta’ Stat Kontraenti ma g#andhom ji"u asso""ettati fl-Istat

Kontraenti l-ie#or g#al ebda tassazzjoni jew ebda #tie"a li jkunu konnessi ma’ dan,

jekk din tkun diversa jew ta’ iktar pi$ mit-taxxa u l-hti"iet konnessi li g#alihom

%ittadini ta’ dak l-Istat l-ie#or fl-istess %irkostanzi, b’mod partikolari g#ar-rigward ta’

residenza, ikunu jew jistg#u jkunu asso""ettati. Dan il-provvediment g#andu,

B

minkejja l-provvedimenti ta’ l-Artiklu 1, ikun japplika ukoll g#al persuni li ma

jkunux residenti ta’ xi wiehed jew ta$-$ewg Stati Kontraenti.

2. It-0'99' fuq stabbiliment permanenti li impri$a ta’ Stat Kontraenti jkollha fl-

Istat Kontraenti l-ie#or ma g#andhiex tingabar b’mod inqas favorevoli f’dak Istat l-

ie#or mit-taxxa migbura fuq impri$i ta’ dak l-Istat l-ie#or li jkun qed iwettaq l-istess

ativitajiet. Dan il-provvediment ma g#andux jiftiehem b#ala wie#ed li jobbliga lil

Stat Kontraenti li jikkon%edi lil residenti ta’ l-Istat Kontraenti l-ie#or xi allowances

personali, helsien u tnaqqis g#all-g#anijiet ta’ 0'//'::4;3) min#abba fl-istatus %ivili

jew fir-responsabbiltajiet familjari li dan jikkon%edi lir-residenti tieg#u.

'lief meta japplikaw il-provvedimenti tal-paragrafu 1 ta’ l-Artiklu 9, tal-

3. paragrafu 5 ta’ l-Artiklu 11, jew tal-paragrafu 5 ta’ l-Artiklu 12, mg#ax, royalties u

#lasijiet o#ra li jit#allsu minn impri$a ta’ Stat Kontraenti lil residenti ta’ l-Istat

Kontraenti l-ie#or g#andhom, g#all-fini li ji"u stabbilit x’inhuma l-profitti taxxabbli

ta’ dik l-impri$a, ji"u mnaqqsa ta#t l-istess kondizzjonijiet b#allikieku dawn kienu

t#allsu lil residenti ta’ l-ewwel imsemmi Stat. Bl-istess mod, id-debiti kollha ta’

impri$a ta’ Stat Kontraenti lil residenti ta’ l-Istat Kontraenti l-ie#or g#andhom, bil-

g#an li ji"i stabbilit il-kapital taxxabbli ta’ dik l-impri$a, jitnaqqsu ta#t l-istess

kundizzjonijiet b#allikieku dawn kienu "ew ikkuntrattati lil residenti ta’ l-ewwel

imsemmi Stat.

4. Impri$i ta’ Stat Kontraenti, li l-kapital tag#hom ikun g#alkollox jew f’parti

minnu proprjetà jew ta#t il-kontroll, sew dirett sew mhux dirett, ta’ xi residenti

wiehed jew aktar ta’ l-Istat Kontraenti l-ie#or, ma g#andhom ikunu asso""ettati fl-

ewwel imsemmi Stat g#al ebda 0'99' jew g#al ebda #tie"a konnessa ma’ dan li tkun

xort’o#ra jew ta’ iktar pi$ mit-0'99' u mill-hti"iet konnessi li g#alihom ikunu jew

jistg#u jkunu asso""ettati l-impri$i ta’ l-ewwel imsemmi Stat.

5. Il-provvedimenti ta’ dan l-Artiklu g#andhom, minkejja il-provvedimenti ta’ l-

Artiklu 2, ikunu japplikaw g#al taxxi ta’ kull tip u g#amla.

Artiklu 25

PRO$EDURA TA’ FTEHIM RE$IPROKU

1. Meta persuna jidhrilha li l-azzjonijiet ta’ xi wiehed jew ta$-$ewg Stati

Kontraenti jirri$ultawlu jew jistg#u jirri$ultawlu f’taxxa li ma tkunx skond il-

provvedimenti ta’ dan il-Ftehim, huwa jista’, irrispettivament mir-rimedji provduti

mil-li"i domestika ta’ dawk l-Istati, jippre$enta l-ka$ tieg#u quddiem l-awtorità

kompetenti ta’ l-Istat Kontraenti fejn huwa jkun residenti jew, jekk il-ka$ tieg#u jkun

jaqa’ ta#t il-paragrafu 1 ta’ l-Artiklu 24, quddiem dik ta’ l-Istat Kontraenti li huwa

jkun %ittadin tieg#u. Il-ka$ g#andu ji"i ppre$entat fi $mien tliet snin minn l-ewwel

avvi$ ta’ l-azzjoni li tirri$ulta f’taxxa li ma tkunx skond il-provvedimenti ta’ dan il-

Ftehim.

2. L-awtorità kompetenti g#andha tipprova, jekk l-o""ezzjoni tkun tidhrilha

b&ala wa#da "ustifikata u jekk hi nnifisha ma tkunx tista’ tasal g#al soluzzjoni

sodisfa%enti, tirrisolvi l-ka$ bi ftehim re%iproku ma’ l-awtorità kompetenti ta’ l-Istat

Kontraenti l-ie#or, bil-g#an li ti"i evitata taxxa li ma tkunx skond il-Ftehim. Kull

B

ftehim li jintla#aq g#andu ji"i implimentat minkejja kull skadenza ta’ terminu fil-li"i

domestika ta’ l-Istati Kontraenti.

3. L-awtoritajiet kompetenti ta’ l-Istati Kontraenti g#andhom jippruvaw

jirrisolvu permezz ta’ ftehim re%iproku kull diffikultà jew dubbju li jistg&u jori"inaw

dwar l-interpretazzjoni jew l-applikazzjoni tal-Ftehim. Dawn jistg#u wkoll

jikkonsultaw flimkien dwar l-eliminazzjoni ta’ taxxa doppja f’dawk il-ka$ijiet li ma

jkun hemm provdut xejn dwarhom fil-Ftehim.

4. L-awtoritajiet kompetenti ta’ l-Istati Kontraenti jistg#u jikkomunikaw

direttament ma’ xulxin, ukoll permezz ta’ kummissjoni kon"unta li tkun mag&mula

minnhom infushom jew mir-rappre$entanti tag&hom, bl-iskop li jilhqu ftehim fis-sens

tal-paragrafi ta’ qabel dan.

Artiklu 26

SKAMBJU TA’ INFORMAZZJONI

1. L-awtoritajiet kompetenti ta’ l-Istati Kontraenti g#andhom jiskambjaw dik l-

informazzjoni li tista’ tkun prevista b#ala rilevanti g#at-twettiq tal-provvedimenti ta’

dan il-Ftehim jew g#all-amministrazzjoni jew l-infurzar tal-li"ijiet domesti%i dwar it-

taxxi ta’ kull tip u g#amla imposti f’isem l-Istati Kontraenti, jew is-sottodivi$jonijiet

politi%i-amministrattivi tag#jom jew awtoritajiet lokali, sakemm it-taxxa li li taqa’

ta#thom ma tmur kontra l-Ftehim. L-iskambju ta’ informazzjoni mhuwiex ristrett bl-

Artikli 1 u 2.

2. Kull informazzjoni li ti"i ri%evuta ta&t il-paragrafu 1 minn Stat Kontraenti

g#andha ti"i ittrattata b#ala wa#da sigrieta bl-istess mod b#al informazzjoni li

tinkiseb ta"t il-li"ijiet domesti%i ta’ dak l-Istat u g&andha ti"i $velata biss lil persuni

jew awtoritajiet (inklu$i qrati u korpi amministrattivi) li jkollhom x’jaqsmu ma’ l-

istima jew il-"bir ta’, l-infurzar jew prosekuzzjoni dwar, jew id-de%izjoni ta’ appelli

dwar, it-taxxi msemmija fil-paragrafu 1, jew in-nuqqas ta’ t#aris ta’ dak hawn qabel

imsemmi. Dawk il-persuni jew awtoritajiet g#andhom ju$aw dik l-informazzjoni biss

g#al dawk l-g#anijiet. Huma jistg#u ji$velaw l-informazzjoni fi pro%eduri tal-qorti

bil-miftuh jew f’de%i$jonijiet "udizzjarji.

3. F’ebda ka$ m’g#andhom il-provvedimenti tal-paragrafi 1 u 2 jiftiehmu b#ala

li jimponu fuq Stat Kontraenti l-obbli"u

(a)

li jwettaq mi$uri amministrattivi li ma jkunux jaqblu mal-li"ijiet u mal-

prattika amministrattiva ta’ dak l-Istat Kontraenti jew ta’ l-Istat Kontraenti l-ie#or;

(b)

li jag#ti informazzjoni li ma tkunx tista’ tinkiseb ta#t il-li"ijiet jew fil-kors

normali ta’ l-amministrazzjoni ta’ dak l-Istat Kontraenti jew ta’ l-Istat Kontraenti l-

ie#or;

(%)

li jag#ti informazzjoni li tkun tikxef xi sigriet ta’ seng#a, negozju, industrija,

kummer% jew professjoni jew pro%ess kummer%jali, jew informazzjoni, li meta din

ti"i $velata tkun tmur kontra l-ordni pubbliku (ordre public).

B

4. Jekk tintalab xi informazzjoni minn Stat Kontraenti skond dan l-Artikolu, l-

Istat Kontraenti l-ie&or g&andu ju$a l-mezzi li jkollu g&all-"bir ta’ l-informazzjoni

biex ji"bor l-informazzjoni mitluba, ukoll jekk dak l-Istat l-ie&or jista’ ma jkollux

b$onn dik l-informazzjoni g&all-finijiet tieg&u ta’ "bir ta’ taxxa. L-obbligazzjoni li

tinsab fis-sentenza ta’ qabel hija so""etta g&al-limitazzjonijiet tal-paragrafu 3 i$da

dawk il-limitazzjonijiet m’g&andhom f’ebda ka$ jiftiehmu b&ala li j&allu lil xi Stat

Kontraenti li jonqos milli jag&ti xi informazzjoni biss g&aliex ma jkollu ebda interess

domestiku f’dik l-informazzjoni.

5. F’ebda ka$ ma g#andhom id-disposizzjonijiet tal-paragrafu 3 jiftiehmu b#ala

li j&allu lil Stat Kontraenti jirrifjuta milli jipprovdi informazzjoni biss g&aliex dik l-

informazzjoni tkun qeg&da tin$amm minn xi bank, minn xi istituzzjoni finanzjarja

o&ra, minn xi nominee jew minn xi persuna li tkun qeg&da ta"ixxi f’xi a"enzija jew

g&ax tkun fidu%jarja jew g&aliex ikollha x’taqsam ma’ xi interessi dwar proprjetá f’xi

persuna.

Artiklu 27

MEMBRI TA’ MISSJONIJIET DIPLOMATI$I U KARIGI KONSULARI

Ebda &a"a f’dan il-Ftehim ma g#andha tolqot il-privile""i fiskali tal-membri

ta’ missjonijiet diplomati%i jew ta’ kari"i konsulari ta#t ir-regoli "enerali tad-dritt

internazzjonali jew ta#t il-provvedimenti ta’ kull ftehim spe%jali.

Artiklu 28

BIDU FIS-SE""

1. L-Istati Kontraenti g#andhom jav$aw lil xulxin bil-miktub, permezz tal-kanali

diplomati%i, li l-pro%eduri me#tie"a bil-li"ijiet tag&hom biex dan il-Ftehijm jin"ieb

fis-se## ikunu "ew im#arsa.

2. Dan il-Ftehim g#andu jidhol fis-sehh fil-"urnata meta jasal l-avvi$ l-aktar

tardiv. Il-Ftehim g#andu jkollu se&&

(a)

fil-ka$ tal-!or"ja

(i) g#ar-rigward ta’ taxxi li jin$ammu minn ras-il g&ajn, dwar income li

jinkiseb fl-1 ta’ Jannar jew wara tas-sena kalendarja li ta#bat minnufih wara s-

sena meta l-Ftehim jid&ol fis-se##;

(ii) g#ar-rigward ta’ taxxi o&ra fuq l-income u l-kapital li jit#allsu dwar xi

sena ta’ taxxa li tibda g&addeja fl-1 ta’ Jannar jew wara tas-sena kalendarja li

ta#bat minnufih wara s-sena meta l-Ftehim jid&ol fis-se##.

(b)

fil-ka$ ta’ Malta

dwar it-taxxi fuq l-income miksuba matul xi sena kalendarja jew perjodu ta’

kontijiet, skond il-ka$, li jibda g&addej fi jew wara l-ewwel jum ta’ Jannar li ji"i

minnufih wara d-data meta l-Ftehim jid&ol fis-se&&.

B

Artiklu 29

TERMINAZZJONI

Dan il-Ftehim g#andu jibqa’ jsehh sakemm ji"i terminat minn Stat Kontraenti.

Kull wiehed mill-Istati Kontraenti jista’, wara l-iskadenza ta’ perjodu ta’ hames snin

mid-data meta l-Ftehim jidhol fis-sehh, itemm dan il-Ftehim billi jag#ti avvi$ bil-

miktub tat-terminazzjoni lill-Istat Kontraenti l-ie#or permezz ta’ kanali diplomati%i

mill-inqas sitt xhur qabel it-tmiem ta’ xi sena kalendarja. F’dak il-ka$, dan il-Ftehim

ma g#andux jibqa’ fis-sehh

(a)

fil-ka$ tal-!or"ja

(i) g#ar-rigward ta’ taxxi li jin$ammu minn ras-il g&ajn, dwar income u fuq

kapital li jinkiseb fl-1 ta’ Jannar jew wara tas-sena kalendarja li ta#bat

minnufih wara s-sena meta jing#ata l-avvi$;

(ii) g#ar-rigward ta’ taxxi o&ra fuq l-income u l-kapital li jit#allsu dwar xi

sena ta’ taxxa li tibda g&addeja fl-1 ta’ Jannar jew wara tas-sena kalendarja li

ta#bat minnufih wara s-sena meta jing#ata l-avvi$.

(b)

fil-ka$ ta’ Malta

dwar it-taxxi fuq l-income miksuba matul xi sena kalendarja jew perjodu ta’

kontijiet, skond il-ka$, li jibda g&addej fi jew wara l-ewwel jum ta’ Jannar li ji"i

minnufih wara d-data meta l-Ftehim jid&ol fis-se&&.

B’XHIEDA TA’ DAN is-sottoskritti, li huma awtorizzati kif imiss biex jag#mlu dan

mill-Gvernijiet rispettivi tag#hom, iffirmaw dan il-Ftehim.

MAG'MUL f’Ruma fit-23 ta’ Ottubru, 2009 f’$ew" ori"inali bl-ilsien Ingli$ u bl-

ilsien !or"jan, kull wie#ed mi$-$ew" testi awtenti%i ndaqs. Fil-ka$ ta’ diver"enza

bejn it-testi, il-kwistjoni ti"i solvuta abba$i tat-test Ingli$.

Walter Balzan

Konstantine Gabashvili

G#all-Gvern ta’ Malta

G#all-Gvern tal-!or"ja