DOUBLE TAXATION RELIEF ON TAXES ON INCOME WITH THE REPUBLIC OF SINGAPORE ORDER

DOUBLE TAXATION RELIEF ON TAXES ON INCOME

WITH THE REPUBLIC OF SINGAPORE

SUBSIDIARY LEGISLATION 123.103

DOUBLE TAXATION RELIEF ON TAXES ON

INCOME WITH THE REPUBLIC OF SINGAPORE

ORDER

29th February, 2008

LEGAL NOTICE 194 of 2008, as amended by Legal Notice 257 of 2013

and as modified by S.L.123.183.

The title of this order is the Double Taxation Relief on

Taxes on Income with the Republic of Singapore Order.

Amended by

L.N. 257 of 2013.

AGREEMENT BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE

AND

THE GOVERNMENT OF MALTA

FOR THE AVOIDANCE OF DOUBLE TAXATION

AND THE PREVENTION OF FISCAL EVASION

WITH RESPECT TO TAXES ON INCOME

The Government of Malta and the Government of the Republic of Singapore,

Desiring to conclude an Agreement for the avoidance of double taxation and the

prevention of fiscal evasion with respect to taxes on income,

Have agreed as follows

Article 1

PERSONAL SCOPE

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 imposed on behalf of a

Contracting State or of its political subdivisions or local authorities, irrespective of

the manner in which they are levied.

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

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

movable or immovable property.

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 Republic of Singapore with a view to affording

relief from double taxation in relation to the following

tax imposed by the laws of Singapore

the income tax;

(b) that it is expedient that those arrangements should

have effect;

(c) that the Agreement has entered into force on the 29

February, 2008.

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The existing taxes to which the Agreement shall apply are

(a) in Malta

the income tax;

(hereinafter referred to as "Malta tax");

(b) in Singapore

the income tax;

(hereinafter referred to as "Singapore tax").

The Agreement shall apply also to any identical or substantially similar

taxes which are imposed after the date of signature of the 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.

Article 3

GENERAL DEFINITIONS

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

(a) the term "Malta" means the Republic of Malta and, when used in a

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geographical sense, means the Island of Malta, the Island of Gozo and

other Maltese islands 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 the Republic of Malta may, in

accordance with international law, exercise sovereign rights or

jurisdiction with respect to the exploration and exploitation of natural

resources;

(b)

the term "Singapore" means the territories of the Republic of Singapore,

the territorial waters of Singapore and the sea bed and sub-soil of the

territorial waters, and when used in a geographical sense includes any

area extending beyond the limits of the territorial waters of Singapore,

and the sea bed and sub-soil of any such area, which has been or may

hereafter be designated under the laws of Singapore and in accordance

with international law as an area over which Singapore has sovereign

rights for the purposes of exploring and exploiting the natural resources,

whether living or non-living;

(c)

the terms "a Contracting State" and "the other Contracting State" mean

Malta or Singapore 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 which 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;

(g)

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

operated by an 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 Malta, the Minister responsible for finance or his

authorised representative;

(ii) in the case of Singapore, the Minister for Finance or his

authorised representative;

(i)

the term "national" means

(i) any individual possessing the nationality 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.

2. As regards the application of the Agreement by a Contracting State, any

term not defined therein shall, unless the context otherwise requires, have the

meaning which it has under the law of that State concerning the taxes to which the

Agreement applies.

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

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similar nature.

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 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) in any other case, 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.

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 including an offshore drilling site.

3. The term "permanent establishment" shall include

(a) a building site, a construction or installation or assembly project, or

supervisory services connected therewith, but only if such site or

project or services last more than nine months;

(b) the furnishing of services, including consultancy services, by an

enterprise through employees or other personnel engaged by the

enterprise for such purpose, but only where activities of that nature

continue (for the same or a connected project) within a Contracting

State for a period or periods aggregating more than six months within

any twelve-month period.

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

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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), 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.

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, boats 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.

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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 all expenses, including executive and general administrative

expenses, which would be deductible if the permanent establishment were an

independent enterprise, insofar as they are reasonably allocable to the permanent

establishment, whether incurred in the Contracting State in which the permanent

establishment is situated or elsewhere.

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.

7. Where profits include items of income which are dealt with separately in

other Articles of this 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 derived from the operation of

ships or aircraft in international traffic shall be taxable only in that State.

2. For the purposes of this Article, profits from the operation of ships or

aircraft in international traffic shall include

(a) profits from the rental on a bareboat basis of ships and aircraft; and

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(b) profits from the use, maintenance or rental of containers (including

trailers and related equipment for the transport of containers), used for

the transport of goods or merchandise;

where such rental or such use, maintenance or rental, as the case may be, is

incidental to the operation of ships or aircraft in international traffic.

3. The provisions of paragraphs 1 and 2 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 accordingly - 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 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 State

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 may be taxed in that other State.

2. However, such dividends may also be taxed in the Contracting State of

which the company paying the dividends is a resident and according to the laws of

that State. Under the full imputation system adopted currently by both Contracting

States, where dividends are paid by a company which is a resident of one

Contracting State to a resident of the other Contracting State who is the beneficial

owner of such dividends, the tax on the gross amount of the dividends in the first-

mentioned State shall not exceed the tax chargeable on the profits or income of the

company out of which the dividends are paid.

3. Under the full imputation system adopted by both Contacting State, there is

no final withholding tax on dividends in addition to the tax chargeable in respect of

the profits or income of the company out of which the dividends are paid. If,

subsequent to the signing of the Agreement, any of the Contracting States introduces

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a final withholding tax on dividends in addition to the tax chargeable in respect of

the profits or income of the company, dividends paid by a company which is a

resident of such Contracting State to the Government of the other Contracting State

shall be exempt from such final withholding tax in the first-mentioned State.

4. For the purposes of paragraph 3, the term "Government"

(a) in the case of Malta, means the Government of Malta and shall include

(i) the Central Bank of Malta;

(ii) the Malta Enterprise;

(iii) a statutory body or any institution wholly or mainly owned by the

Government of Malta as may be agreed from time to time between

the competent authorities of the Contracting States.

(b) in the case of Singapore, means the Government of Singapore and shall

include

(i) the Monetary Authority of Singapore and the Board of

Commissioners of Currency;

(ii) the Government of Singapore Investment Corporation Pte Ltd;

(iii) a statutory body or any institution wholly or mainly owned by the

Government of Singapore as may be agreed from time to time

between the competent authorities of the Contracting States.

5. The provision of this Article shall not affect the taxation of the company in

respect of the profits out of which the dividends are paid.

6. The term "dividends" as used in this Article means income from shares,

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.

7. The provisions of paragraph l 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, as

the case may be, shall apply.

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

o n t h e c o m p a n y ' s u n d i s t r i b u t e d p r o f i t s , e v e n i f t h e d i v i d e n d s pa i d o r t h e

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 may be taxed in that other State.

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2. However, such interest may also be taxed in the Contracting State in which

it arises and according to the laws of that State, but if the recipient is the beneficial

owner of the interest the tax so charged shall not exceed

(a) 7 per cent of the gross amount of the interest if it is received by a bank;

(b) 10 per cent of the gross amount of the interest in all other cases.

3. Notwithstanding the provisions of paragraph 2, interest arising in a

Contracting State and paid to the Government of the other Contracting State shall be

exempt from tax in the first-mentioned Contracting State.

4. For the purposes of paragraph 3, the term "Government"

(a) in the case of Malta, means the Government of Malta and shall include

(i) the Central Bank of Malta;

(ii) the Malta Enterprise;

(iii) a statutory body or any institution wholly or mainly owned by the

Government of Malta as may be agreed from time to time between

the competent authorities of the Contracting States.

(b) in the case of Singapore, means the Government of Singapore and shall

include

(i) the Monetary Authority of Singapore and the Board of

Commissioners of Currency;

(ii) the Government of Singapore Investment Corporation Pte Ltd;

(iii) a statutory body or any institution wholly or mainly owned by the

Government of Singapore as may be agreed from time to time

between the competent authorities of the Contracting States.

5. 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.

6. The provisions of paragraphs 1 and 2 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 that 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, as the case may be,

shall apply.

7. Interest shall be deemed to arise in a Contracting State when the payer is

that State itself, a political subdivision, a local authority, a statutory body or 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 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.

8. 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

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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 paid to a resident of the other

Contracting State may be taxed in that other State.

2. However, such royalties may also be taxed in the Contracting State in which

they arise and according to the laws of that State, but if the recipient is the beneficial

owner of the royalties, the tax so charged shall not exceed 10 per cent of the gross

amount of the royalties.

3. 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 the use of, or the right

to use, industrial, commercial or scientific equipment, or for information concerning

industrial, commercial or scientific experience.

4. The provisions of paragraphs 1 and 2 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, as

the case may be, shall apply.

5. Royalties shall be deemed to arise in a Contracting State when the payer is

that State itself, a political subdivision, a local authority, a statutory body or a

resident of that 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 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 Contracting State in which

the permanent establishment or fixed base is situated.

6. 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 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.

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2. Gains derived by a resident of a Contracting State from the alienation of

shares (other than shares traded on a recognised Stock Exchange) deriving at least 75

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

other Contracting State may be taxed in that other State.

3. 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.

4. Gains derived by an enterprise of a Contracting State from the alienation of

ships or aircraft operated in international traffic, or movable property pertaining to

the operation of such ships or aircraft, shall be taxable only in that State.

5. Gains from the alienation of any property other than that referred to in

paragraphs l, 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. However, such income may be taxed in the other

Contracting State in the following circumstances

(a) if he has a fixed base regularly available to him in the other Contracting

State for the purpose of performing his activities; in that case, only so

much of the income as is attributable to that fixed base may be taxed in

that other State; or

(b) if his stay in the other State is for a period or periods exceeding in the

aggregate 183 days in any twelve-month period commencing or ending

in the calendar year concerned; in that case, only so much of the income

as is derived from his activities performed in that other State may be

taxed in that other State.

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.

Article 15

DEPENDENT PERSONAL SERVICES

1. Subject to the provisions of Articles 16, 18 and 19, 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 calendar year concerned, and

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(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 shall be taxable only in

that State. However, if the remuneration is derived by a resident of the other

Contracting State, it may also be taxed in that other 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, 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 or in connection with personal activities

exercised by an entertainer or a sportsman accrues not to the entertainer or

sportsman himself but to another person, that income may, notwithstanding the

provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the

activities of the entertainer or sportsman are exercised.

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

activities exercised in a Contracting State if the visit to that State is directly or

indirectly supported wholly or substantially from the public funds of the other

Contracting State, a political subdivision, a local authority or a statutory body

thereof.

Article 18

PENSIONS AND SOCIAL SECURITY PAYMENTS

1. Subject to the provisions of paragraph 2 of Article 19, 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.

2. Notwithstanding the provisions of paragraph 1, pensions paid and other

payments made under the social security legislation of a Contracting State shall be

taxable only in that State.

Article 19

GOVERNMENT SERVICE

1. (a) Salaries, wages and other similar remuneration, other than a pension,

paid by a Contracting State or a political subdivision or a local authority

or a statutory body thereof to an individual in respect of services

rendered to that State or subdivision or authority or body shall be

taxable only in that State.

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WITH THE REPUBLIC OF SINGAPORE

(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) Any pension paid by, or out of funds created by, a Contracting State or a

political subdivision or a local authority or a statutory body thereof to

an individual in respect of services rendered to that State or subdivision

or authority or body shall be taxable only in that State.

(b) However, such pension 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 and 18 shall apply to salaries, wages and

other similar remuneration, and to pensions, in respect of services rendered in

connection with a business carried on by a Contracting State or a political

subdivision or a local authority or a statutory body thereof.

Article 20

STUDENTS AND BUSINESS APPRENTICES

A student or business apprentice who is present in a Contracting State solely for

the purpose of his education or training and who is, or immediately before being so

present was, a resident of the other Contracting State shall be exempt from tax in the

first-mentioned State on payments received from outside that first-mentioned State

for the purposes of his maintenance, education or training.

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, 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, as the case may be, shall apply.

3. Notwithstanding the provisions of paragraphs 1 and 2 of this Article, items

of income of a resident of a Contracting State not dealt with in the foregoing Articles

of this Agreement and arising in the other Contracting State may be taxed in that

other Contracting State.

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 Agreement, there is included in a Malta assessment income from

sources within Singapore, the Singapore tax on such income shall be allowed as a

DOUBLE TAXATION RELIEF ON TAXES ON INCOME

WITH THE REPUBLIC OF SINGAPORE

credit against the relative Malta tax payable thereon.

2. In the case of Singapore, double taxation shall be eliminated as follows

Where a resident of Singapore derives income from Malta which, in

accordance with the provisions of this Agreement, may be taxed in Malta, Singapore

shall, subject to its laws regarding the allowance as a credit against Singapore tax of

tax payable in any country other than Singapore, allow the Malta tax paid, whether

directly or by deduction, as a credit against the Singapore tax payable on that income

of the resident. Where such income is a dividend paid by a company which is a

resident of Malta to a resident of Singapore, no credit shall be given unless the

beneficial owner of the dividend is a company owning directly or indirectly not less

than 10 per cent of the share capital of the first-mentioned company.

3. For the purposes of paragraphs 1 and 2, the term "Singapore tax" or "Malta

tax", as the context requires, shall be deemed to include the tax which is otherwise

payable in Singapore or Malta, as the case may be, had it not been reduced or

exempted by that Contracting State under its legal provisions for tax incentives.

4. The provisions of paragraph 3 shall apply for the first ten years for which

this Agreement has effect, and shall continue to apply thereafter for further periods

of five years. Either Contracting State may terminate the application of the

provisions of paragraph 3 by giving notice in writing at least six months before the

expiry of the ten-year period or any subsequent five-year period, as the case may be.

In such event, the provisions of paragraph 3 shall cease to apply on the expiry of the

relevant ten-year or five-year period.

Article 23

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 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.

3. Nothing in this Article shall be construed as obliging a Contracting State to

grant to

(a) residents of the other Contracting State any personal allowances, reliefs

and reductions for tax purposes which it grants to its own residents; or

(b) nationals of the other Contracting State those personal allowances,

reliefs and reductions for tax purposes which it grants to its own

nationals who are not residents of that State or to such other person as

may be specified in the taxation laws of that State.

4. Except where the provisions of paragraph 1 of Article 9, paragraph 8 of

Article 11, or paragraph 6 of Article 12 apply, interest, royalties and other

disbursements paid by an enterprise of a Contracting 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.

DOUBLE TAXATION RELIEF ON TAXES ON INCOME

WITH THE REPUBLIC OF SINGAPORE

5. Enterprises of a Contacting 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.

6. Where a Contracting State grants tax incentives to its nationals designed to

promote economic or social development in accordance with its national policy and

criteria, it shall not be construed as discrimination under this Article.

Article 24

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 23,

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 the 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

r e s o l v e b y m u t u a l a g r e e m e n t a n y d i ff i c u l t i e s o r d o u b t s a r i s i n g a s t o t h e

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 for the purpose of reaching an agreement in the sense of the

preceding paragraphs.

Article 25 *

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 enforcement of the domestic laws concerning

taxes of every kind and description imposed on behalf of the Contracting States, or

of their political 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

*as substituted by Protocol reproduced in Legal Notice 257 of 2013.

DOUBLE TAXATION RELIEF ON TAXES ON INCOME

WITH THE REPUBLIC OF SINGAPORE

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 26

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.

Article 27

ENTRY INTO FORCE

1. Each of the Contracting States shall notify the other, through diplomatic

channels, that the procedures required by its law for the entry into force of this

Agreement have been complied with.

2. The Agreement shall enter into force on the date of the later of the

notifications referred to in paragraph 1 and its provisions shall have effect in respect

of tax chargeable for any year of assessment beginning on or after the first day of

January in the second calendar year following the year in which the Agreement

enters into force.

Article 28

TERMINATION

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

Either Contracting State may terminate the Agreement, through diplomatic channels,

by giving notice of termination at least six months before the end of any calendar

year beginning after the expiration of a period of five years from the date on which

the Agreement enters into force. In such event, the Agreement shall cease to have

effect in respect of tax chargeable for any year of assessment beginning on or after

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WITH THE REPUBLIC OF SINGAPORE

the first day of January in the second calendar year following the year in which the

notice is given.

IN WITNESS WHEREOF the undersigned, duly authorised thereto by their

respective Governments, have signed this Agreement.

DONE in duplicate at Singapore on this 21st day of March, 2006 in the English

Dr Michael Frendo

Mr Raymond Lim

Minister of Foreign Affairs

Second Minister of Foreign Affairs

For the Government of

For the Government of

the Republic of Singapore

PROTOCOL

At the moment of signing the Agreement for the Avoidance of Double Taxation

and the Prevention of Fiscal Evasion with respect to Taxes on Income, this day

concluded between the Government of the Republic of Singapore and the

Government of Malta, the undersigned have agreed that the following provisions

shall form an integral part of the Agreement.

Article 10

(a) It is understood that both Singapore and Malta currently adopt the full

imputation system regarding the taxation of company profits and the

subsequent distribution of dividends to the company’s shareholders.

Under the imputation system, the amount of dividend chargeable to tax

in the shareholder’s hands is the aggregate of the amount of the

dividend and the amount of the tax paid or payable by the company on

the profits or income out of which dividend is paid. Such tax is set off

against the shareholder’s tax liability on all income chargeable to tax.

(b) For the purposes of paragraph 2, it is understood that in the case of

Singapore, where the dividend is a dividend paid out of the profits or

income exempt from tax or taxed at a reduced rate under the laws

designed to promote economic development and such dividend is paid

on a share of a preferential nature, the "tax chargeable on the profits or

income of the company out of which the dividends are paid" shall be

deemed to include the tax which would have been paid but for the

exemption or reduction under such laws.

Article 23

With reference to paragraph 4, it is understood that, for the purposes of allowing

deduction of a payment of expenses to a non-resident, nothing in the said paragraph

shall be construed as preventing Singapore from imposing any obligation to

withhold tax from such a payment.

IN WITNESS WHEREOF the undersigned, duly authorised thereto by their

respective Governments, have signed this Protocol.

DONE in duplicate at Singapore on this 21st day of March, 2006 in the English

DOUBLE TAXATION RELIEF ON TAXES ON INCOME

WITH THE REPUBLIC OF SINGAPORE

Dr Michael Frendo

Mr Raymond Lim

Minister of Foreign Affairs

Second Minister of Foreign Affairs

For the Government of

For the Government of

the Republic of Singapore

PROTOCOL AMENDING THE AGREEMENT BETWEEN

THE GOVERNMENT OF MALTA AND

THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE

FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF

FISCAL EVASION WITH RESPECT TO TAXES ON INCOME, WITH

PROTOCOL,

SIGNED AT SINGAPORE ON 21 MARCH 2006

The Government of Malta and the Government of the Republic of Singapore

Desiring to amend the Agreement between the Government of Malta and the

Government of the Republic of Singapore for the avoidance of double taxation and

the prevention of fiscal evasion with respect to taxes on income, with Protocol,

signed at Singapore on 21 March 2006 (hereinafter referred to as "the Agreement"),

Have agreed as follows

ARTICLE I

The text of Article 25 (Exchange of Information) of the Agreement is deleted and

replaced by the following

"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 enforcement of the domestic

laws concerning taxes of every kind and description imposed on behalf

of the Contracting States, or of their political 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

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WITH THE REPUBLIC OF SINGAPORE

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 II

Each of the Contracting States shall notify the other, through diplomatic channels,

of the completion of the procedures required by their respective laws for the bringing

into force of this Protocol. The Protocol shall enter into force 30 days after the date

of the later of such notification.

ARTICLE III

This Protocol, which shall form an integral part of the Agreement, shall remain in

force as long as the Agreement remains in force and shall apply as long as the

Agreement itself is applicable.

IN WITNESS WHEREOF the undersigned, duly authorised thereto by their

respective Governments, have signed this Protocol.

DONE in duplicate at London on this 20 th day of November 2009, in the English

For the Government of Malta

For the Government of

Joseph Zammit Tabona

The Republic of Singapore

Michael Eng Cheng Teo