January 2012

The extensive double tax treaty network between Malta and fifty-seven (57) other countries contributes to the efficient tax environment in Malta.  Unilateral relief and a flat rate foreign tax credit allow for relief from double taxation when there is no double taxation treaty in existence.

Consequently under Maltese Legislation, relief from double taxation of foreign source income is available through four (4) types of relief:

• Double tax treaty relief takes the form of a credit which is granted against the tax paid in a country with which Malta has concluded a treaty.
• Unilateral relief is applicable in respect of foreign taxes by way of credit against Malta tax where there is no treaty in force between Malta and the state where the income has been sourced.
• Commonwealth income tax relief is relief granted for taxes paid to British Commonwealth countries.
• The flat-rate foreign tax credit (available only to companies) applies where the other forms of relief from double taxation are not available.  This credit is calculated at 25% of the amount of overseas income received by the company before deductions.

Malta is currently part of double tax treaties with the following jurisdictions :