S.L. 123.48 Art. 2Arrangements to have effect. FOR THE The Agreement for have agreed as This Contracting 1. This Contracting are levied. 2. There income, or on on gains from the total 3. The (a) in (b) in 4. The taxes which or in place of, shall notify laws. 1. For the (a) of Croatia laws of the its sovereign used in

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 Croatia with a view to affording relief from double taxation in relation to the following taxes imposed by the laws of the Republic of Croatia:

(i) the profit tax; and

(ii) the income tax;

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

AGREEMENT BETWEEN THE REPUBLIC OF MALTA AND THE REPUBLIC OF CROATIA AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME

Republic of Malta and the Republic of Croatia desiring to conclude an the avoidance of double taxation with respect to taxes on income follows:

Article 1

PERSONAL SCOPE

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

Article 2

TAXES COVERED

Agreement shall apply to taxes on income imposed on behalf of a State or of its local authorities, irrespective of the manner in which they shall be regarded as taxes on income all taxes imposed on total elements of income, including taxes on capital appreciation and taxes the alienation of movable or immovable property, as well as taxes on amounts of wages or salaries paid by enterprises.

existing taxes to which this Agreement shall apply are in particular: the Republic of Croatia:

(i) the profit tax, and

(ii) the income tax; (hereinafter referred to as “Croatian tax”); the Republic of Malta:

(i) the income tax; (hereinafter referred to as “Malta tax”). Agreement shall apply also to any identical or substantially similar are imposed after the date of signature of the Agreement in addition to, the existing taxes. The competent authorities of the Contracting States each other of changes which have been made in their respective taxation

Article 3

GENERAL DEFINITIONS

purposes of this Agreement, unless the context otherwise requires:

the term “Croatia”, used in a geographical sense, means the territory of the Republic of Croatia within its internationally recognised borders, as well as any area beyond the territorial waters of the Republic in which, in accordance with international law and the Republic of Croatia, the Republic of Croatia exercises rights and jurisdiction;

(b) 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, and any area outside the territorial waters which has been or may hereafter be designated, in accordance international law and under the law of Malta concerning shelf, as an area within which the rights of Malta with seabed and subsoil and their natural resources may be exercised;

(c) the terms “a Contracting State” and “the other Contracting as the context requires, Croatia or Malta;

(d) the term “tax” means, as the context requires, a Croatian

(e) the term “person” includes an individual, a company and of persons;

(f) the term “company” means any body corporate or any treated as a body corporate for tax purposes;

(g) the terms “enterprise of a Contracting State” and “enterprise Contracting State” mean respectively an enterprise carried resident of a Contracting State and an enterprise carried on of the other Contracting State;

(h) the term “international traffic” means any transport by a operated by an enterprise of a Contracting State, except or aircraft is operated solely between places in the other State;

(i) the term “national” means any individual possessing the Contracting State and any legal person, partnership deriving its status as such from the laws in force in a Contracting

(j) the term “competent authority” means:

(i) in the case of Croatia, the Minister of Finance or representative;

(ii) in the case of Malta, the Minister responsible for authorised representative.