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S.L. 123.3 · Double Taxation Relief On Taxes On (S.L. 123.3)

S.L. 123.3 Art. 2Arrangements to have effect. THE DESIRING between the of double income, and This Contracting 1. This Contracting the manner in 2. There income, or on movable or 3. The (a) in (b) in 4. The taxes which or in place of, shall notify 1. For the (a) (b) used in a of Gozo and the territorial and the where

In KraftAmtlicher Text

It is hereby declared:

(a) that the arrangements specified in the Convention set out in the Schedule to this Order have been made with The Great Socialist People’s Libyan Arab Jamahiriya with a view to affording relief from double taxation in relation to the following taxes imposed by the laws of The Great Socialist People’s Libyan Arab Jamahiriya: - the income tax, law No (11) of 1372 P.D (2004) regarding income tax and the defence tax, law No (44) of 1970;

(b) that it is expedient that those arrangements should have effect;

(c) that the Convention has entered into force on the 20 May, 2010. SCHEDULE CONVENTION BETWEEN MALTA AND GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME

to promote and develop the economic relations and co-operation two countries have decided to conclude a Convention for the avoidance taxation and the prevention of fiscal evasion with respect to taxes on have agreed as follows: Article 1 Persons Covered

Convention shall apply to persons who are residents of one or both of the States.

Article 2 Taxes Covered Convention shall apply to taxes on income imposed on behalf of a State or of its political subdivisions or local authorities, irrespective of which they are levied. shall be regarded as taxes on income all taxes imposed on total elements of income, including taxes on gains from the alienation of immovable property.

existing taxes to which the Convention shall apply are in particular: the Great Socialist People’s Libyan Arab Jamahiriya: the income tax, law No (11) of 1372 P.D (2004) regarding income tax and the defence tax, law No (44) of 1970; (hereinafter referred to as "Libyan tax"); and Malta, the income tax; (hereinafter referred to as the "Maltese tax").

Convention shall apply also to any identical or substantially similar are imposed after the date of signature of the Convention in addition to, the existing taxes. The competent authorities of the Contracting States each other of significant changes made to their tax laws. Article 3 General Definitions purposes of this Convention, unless the context otherwise requires: The terms "a Contracting State" and "the other Contracting State" mean Libya or Malta as the context requires; The term "Libya", means the Great Socialist People’s Libyan Arab Jamahiriya; used in a geographical sense, it means the territory of the Great Socialist People’s Libyan Arab Jamahiriya, including the territorial sea and any other area in the sea and in the air within which the Great Socialist People’s Libyan Arab Jamahiriya, in accordance with international law, exercises sovereign rights or its jurisdiction;

(c) The term "Malta" means the Republic of Malta and when geographical sense means the island of Malta, the island the other islands of the Maltese archipelago including waters thereof as well as any area of the seabed, its subsoil super-adjacent water column adjacent to the territorial waters, Republic of Malta exercises sovereign rights, jurisdiction accordance with international law and its national law legislation relating to the exploration of the continental exploitation of its natural resources;

(d) The term "person" includes an individual, a company body of persons;

(e) The term "company" means any body corporate or any treated as a body corporate for tax purposes;

(f) The terms "enterprise of a Contracting State" and "enterprise other Contracting State" mean respectively an enterprise resident of a Contracting State and an enterprise carried on of the other Contracting State;

(g) The term "international traffic" means any transport by a operated by an enterprise that has its place of effective management Contracting State, except when the ship or aircraft is operated between places in the other Contracting State;

(h) The term "competent authority" means:

(i) In Libya, the Secretary of the General People’s Finance or the General Director of the Taxation Authority authorised representatives;

(ii) In Malta, the Minister responsible for finance or representative.

(i) The term "national" means:

(i) Any individual possessing the nationality of a Contracting

(ii) Any legal person, partnership or association deriving such from the laws in force in a Contracting State.