Nr. I Overeenkomst tussen het Koninkrijk der Nederlanden en Malta tot het vermijden van dubbele belasting en het voorkomen van het ontgaan van belasting met betrekking tot belastingen naar het inkomen en naar het vermogen
The Hague, 18 July 1995
Your Excellency,
With reference to the Protocol, signed today, amending the Agreement between the Republic of Malta and the Kingdom of the Netherlands for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital with protocol, signed at The Hague on 18 May 1977, I have the honour to state on behalf of the Government of Malta, the following:
The Malta International Business Activities Act, 1988 (the MIBA Act) is considered to be a special regime as meant in the provisions of paragraph 1 of Article 30 of the amended Agreement. However, the provisions of paragraph 1 of Article 30 are not applicable to companies and other persons who are subject to tax on their total income to the full rate in accordance with the provisions of the Income Tax Act (Cap. 123) and who have waived irrevocably their rights to protection under section 38 of the MIBA Act.
The transitional period during which new registrations under the MIBA Act regime can be made will end as per 31 December 1996.
During the negotiations it was acknowledged that following the confidentiality provisions in the MIBA Act, Malta will not be able to fulfil its obligations for the exchange of information as meant in article 28 of the Agreement with respect to companies that are registered under the MIBA Act before 23 September 1994. This situation will be finished as per 23 September 2004, or so much earlier as the guarantees on confidentiality under the MIBA Act will have elapsed.
During the negotiations it was further acknowledged that for example the following information can be exchanged between the competent authorities of both states upon request in case this information could be relevant for Netherlands or Maltese tax purposes:
a) The changes in a bank account of a taxpayer, including interest receipts and deposits made;
b) Names and addresses of shareholders of foreign companies;
c) Amounts of commissions or similar payments and names and addresses of receivers of these payments;
d) Verification whether a person is registered with the tax administration, whether he has filed a tax return and paid the tax due;
e) Verification whether income of a taxpayer which is exempted from tax or for which a credit is given on the basis of the bilateral tax treaty has effectively been taxed in the other state;
f) Information to judge whether or not transfer prices for deliveries or services between Maltese and Netherlands companies have been calculated correctly (for example if goods have been sold shortly after having been bought and at what price);
g) The contents of an advance revenue ruling.
During the negotiations it was finally acknowledged that a trust, registered under the Offshore Trusts Act, 1988, respectively a unit trust and a tax exempt open-ended corporate vehicle with variable share capital (SICAV), registered under the proposed Investment Services Act will not qualify as a resident of one of the states for the application of the Agreement.
If the foregoing is acceptable to the Government of the Kingdom of the Netherlands, I have the honour to propose that this letter and your letter in reply shall constitute an Agreement between Malta and the Kingdom of the Netherlands which shall take effect on the date of entry into force of the above-mentioned Protocol.
Permit me, Excellency, to renew to you the assurances of my highest consideration.
For the Government of Malta,
(sd.) N. BUTTIGIEG SCICLUNA
Dr. Noel Buttigieg Scicluna
His Excellency
dr. W. A. F. G. Vermeend
State Secretary for Finance
of the Netherlands
- Regeling
- Overeenkomst tussen het Koninkrijk der Nederlanden en Malta tot het vermijden van dubbele belasting en het voorkomen van het ontgaan van belasting met betrekking tot belastingen naar het inkomen en naar het vermogen
- Soort
- Verdrag
- Geldend vanaf
- 28-03-1999
- BWB-id
- BWBV0003762
- Versie
- 1999-03-28_0