DOUBLE TAXATION RELIEF ON TAXES ON INCOME WITH THE GRAND DUCHY OF LUXEMBOURG [ S.L.123.37 SUBSIDIARY LEGISLATION 123.37 DOUBLE TAXATION RELIEF ON TAXES ON INCOME WITH THE GRAND DUCHY OF LUXEMBOURG ORD

Article 7or Article 14, as the case may be, shall apply.

1. 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 on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. DOUBLE TAXATION RELIEF ON TAXES ON INCOME WITH THE GRAND DUCHY OF LUXEMBOURG [ S.L.123.37 9 ARTICLE 11 Interest
2. Interest arising in a Contracting State and paid to a resident of the other Contracting State shall be taxable only in that other State, if such resident is the beneficial owner of the interest.
3. 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.
4. The provisions of paragraph 1 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.

Article 7or Article 14, as the case may be, shall apply.

4. 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 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 Convention. 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 or credits, whether periodical or not, and however described or computed, to the extent to which they are made as consideration for: (

1. a)the use of, or the right to use, any copyright, patent, design or model, plan, secret formula or process, trademark or other like property or right; (
2. b)the supply of scientific, technical, industrial or commercial knowledge or information; (
3. c)the supply of any assistance that is ancillary and subsidiary to, and is furnished as a means of enabling the application or enjoyment of, any such property or right as is mentioned in sub-paragraph (a), or any such 10 [ S.L.123.37 DOUBLE TAXATION RELIEF ON TAXES ON INCOME WITH THE GRAND DUCHY OF LUXEMBOURG knowledge or information as is mentioned in sub-paragraph (b); (
4. d)the use of, or the right to use: (
5. i)motion picture films; or (
6. ii)films or video tapes for use in connection with television; or (iii) tapes for use in connection with radio broadcasting; (
7. e)total or partial forbearance in respect of the use or supply of any property or right referred to in this paragraph. 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.

Article 7or 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, 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 obligation 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 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 Convention. ARTICLE 13 Alienation of Property 1. Income or 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 as well as gains derived from the alienation of shares or participations in a company whose assets consist mainly of immovable property situated in the other Contracting State, may be taxed in that other State. 2. Income or 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 income or gains from the alienation of such a permanent establishment (alone or together with the whole enterprise) or of such fixed base, may be taxed in the other State. 3. Income or 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 DOUBLE TAXATION RELIEF ON TAXES ON INCOME WITH THE GRAND DUCHY OF LUXEMBOURG [ S.L.123.37 11 State. 4. Income or gains from the alienation of any property other than that referred to in paragraphs 1, 2 and 3, shall be taxable only in the Contracting State of which the alienator is a resident. ARTICLE 14 Independent Personal Services 1. Income derived by 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: (

1. a)if he has a fixed base regularly available to him in the other Contracting State for the purpose of performing his activities (in which case only so much of the income as is attributable to that fixed base may be taxed in that other Contracting State); or (
2. b)if his stay in the other Contracting State is for a period or periods amounting to or exceeding in the aggregate 90 days in any twelve month period commencing or ending in the calendar year concerned. 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, 19 and 20, 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: (
3. 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 (
4. b)the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and (
5. 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 may be taxed in that State. ARTICLE 16 Directors’ Fees 12 [ S.L.123.37 DOUBLE TAXATION RELIEF ON TAXES ON INCOME WITH THE GRAND DUCHY OF LUXEMBOURG 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 personal activities exercised by an entertainer or a sportsman in his capacity as such 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. ARTICLE 18 Pensions 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 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. (
6. a)Remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. (
7. b)However, such 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: (
8. i)is a national of that State; or (
9. ii)did not become a resident of that State solely for the purpose of rendering the services. 2. (
10. a)Any pension paid by, or out of funds created by, a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. (
11. 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 remuneration and pensions in respect of services rendered in connection with a business carried on by DOUBLE TAXATION RELIEF ON TAXES ON INCOME WITH THE GRAND DUCHY OF LUXEMBOURG [ S.L.123.37 13 a Contracting State or a political subdivision or local authority thereof. ARTICLE 20 Students and Apprentices An individual who is a resident of a Contracting State immediately before making a visit to the other Contracting State and is temporarily present in the other Sate solely: (
12. a)as a student at a recognized university, college, school or other similar recognized educational institution in that other State; or (
13. b)as a business or technical apprentice; or (
14. c)as a recipient of a grant, allowance or award for the primary purpose of study, research or training from the Government of either State or from a scientific, educational, religious, or charitable organization or under a technical assistance programme entered into by the Government of either State, shall be exempt from tax in that other State on: (
15. a)all remittances from abroad for the purposes of his maintenance, education, study, research or training; (
16. b)the amount of such grant, allowance or award; and (
17. c)any remuneration for personal services rendered in that other State, provided that the remuneration constitutes earnings necessary for his maintenance. 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 Convention 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.

Article 7or Article 14, as the case may be, shall apply.

ARTICLE 22 Capital 1. Capital represented by immovable property referred to in Article 6, owned by a resident of a Contracting State and situated in the other Contracting State, may be taxed in that other State. 2. Capital represented by movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has 14 [ S.L.123.37 DOUBLE TAXATION RELIEF ON TAXES ON INCOME WITH THE GRAND DUCHY OF LUXEMBOURG in the other Contracting State or by 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, may be taxed in that other State. 3. Capital represented by ships and aircraft operated in international traffic by an enterprise of a Contracting State and by movable property pertaining to the operation of such ships and aircraft, shall be taxable only in that State. 4. All other elements of capital of a resident of a Contracting State shall be taxable only in that State. ARTICLE 23 Elimination of Double Taxation 1. In Luxembourg double taxation shall be eliminated as follows: (

1. a)Where a resident of Luxembourg derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in Malta, Luxembourg shall, subject to the provisions of sub-paragraphs (
2. b)to (f), exempt such income or capital from tax, but may, in order to calculate the amount of tax on the remaining income or capital of the resident, apply the same rates of tax as if the income or capital had not been exempted. (
3. b)Where a resident of Luxembourg derives royalties which, in accordance with the provisions of Article 12 may be taxed in Malta, Luxembourg shall allow as a deduction from the tax on the income of that resident an amount equal to the tax paid in Malta. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is attributable to such royalties derived from Malta. (
4. c)Where an enterprise of Luxembourg derives income which, in accordance with the provisions of Article 7, may be taxed in Malta, Luxembourg shall allow as a deduction from the tax on the income of that resident an amount equal to the tax paid in Malta, but only if the enterprise enjoys in Malta a special fiscal treatment by virtue of the laws or the administrative practice of Malta. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is attributable to such income derived from Malta. The Governments of the Contracting States shall agree periodically which special fiscal treatment is meant under the provisions of this subparagraph. (
5. d)Notwithstanding the provisions of sub-paragraph (b), where a resident of Luxembourg derives interest or royalties arising in Malta, Luxembourg shall allow as a deduction from the tax on the income of that resident an amount equal to the tax which would have been payable but for the exemption or reduction of Malta tax in accordance with special incentive measures for the promotion of development of industry, infrastructure and tourism in Malta, provided that in the case of interest or royalties such tax shall be deemed to have been paid at: (
6. i)10 per cent of the gross amount of the interest referred to in Article 11; and (
7. ii)10 per cent of the gross amount of the royalties referred to in Article 12. DOUBLE TAXATION RELIEF ON TAXES ON INCOME WITH THE GRAND DUCHY OF LUXEMBOURG [ S.L.123.37 15 The provisions of this sub-paragraph shall apply for a period of seven years beginning on the 1 January in the calendar year in which the Convention enters into force. This period may be extended by mutual agreement between the competent authorities. (
8. e)Where a company which is a resident of Luxembourg derives dividends from Malta sources, Luxembourg shall exempt such dividends from tax, provided that the company which is a resident of Luxembourg holds directly at least 25 per cent of the capital of the company paying the dividends since the beginning of the accounting year and if this company is subject in Malta to an income tax corresponding to the Luxembourg corporation tax. The above-mentioned shares in the Malta company are, under the same conditions, exempt from the Luxembourg capital tax. The exemption under this sub-paragraph shall also apply notwithstanding that the Malta company is exempted from tax or taxed at a reduced rate in Malta in accordance with Malta laws providing incentives for the promotion of development of industry, infrastructure and tourism in Malta. (
9. f)Where a resident of Luxembourg derives dividends from Malta sources not dealt with in sub-paragraph (e), such dividends shall be subject to Luxembourg tax on the amount after the deduction of Malta tax charged on such dividends, but, there shall be allowed as a credit against Luxembourg tax an amount of 15 per cent on such dividends after the deduction of the Malta tax (if any) charged thereon. Such credit shall not, however, exceed that part of the tax, as computed before the credit is given, which is attributable to such dividends derived from Malta. 2. In Malta double taxation shall be eliminated as follows: (
10. a)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 Convention, there is included in a Malta assessment income from sources within Luxembourg, the Luxembourg tax on such income shall be allowed as a credit against the relative Malta tax payable thereon. (
11. b)Where a company which is a resident of Luxembourg pays a dividend to a company resident in Malta which controls directly or indirectly at least 10 per cent of the voting power in the first-mentioned company, the credit shall take into account (in addition to any Luxembourg tax for which credit may be allowed under sub-paragraph (
12. a)of this paragraph) the Luxembourg tax payable by that first-mentioned company in respect of the profits out of which such dividend is paid. 3. Where the Convention provides that income arising in a Contracting State shall be relieved from tax in that State, either in full or in part, and, under the law in force in the other Contracting State, such income is subject to tax by reference to the amount thereof which is remitted to or received in that other State and not by reference to the full amount thereof, then the relief to be allowed in the firstmentioned State shall apply only to so much of the income as is remitted to or received in the other State. ARTICLE 24 Non-Discrimination 1. Nationals of a Contracting State shall not be subjected in the other 16 [ S.L.123.37 DOUBLE TAXATION RELIEF ON TAXES ON INCOME WITH THE GRAND DUCHY OF LUXEMBOURG 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. Except where the provisions of paragraph 1 of Article 9, paragraph 4 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. Similarly, any debts of an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable capital of such enterprise, be deductible under the same conditions as if they had been contracted to a resident of the first-mentioned State. 4. Enterprises of a Contracting 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 firstmentioned State are or may be subjected. 5. Nothing in this Article shall be construed as obliging a Contracting State to grant to individuals who are resident of the other Contracting State any personal allowances, reliefs and reductions for tax purposes on account of civil status, family responsibilities or any other personal circumstances which it grants to its own residents. 6. The provisions of this Article shall, notwithstanding the provisions of Article 2, apply to taxes of every kind and description. ARTICLE 25 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 Convention, 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 24, 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 Convention. 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 Convention. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States. DOUBLE TAXATION RELIEF ON TAXES ON INCOME WITH THE GRAND DUCHY OF LUXEMBOURG [ S.L.123.37 17 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 Convention. They may also consult together for the elimination of double taxation in cases not provided for in the Convention. 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. When it seems advisable in order to reach agreement to have an oral exchange of opinions, such exchange may take place through a Commission consisting of representatives of the competent authorities of the Contracting States. Article 26 * 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 Convention 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 Convention. 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:
13. a)
14. b)
15. c)to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State; 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; 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 upon request solely because the information is held by a bank, other financial institution, nominee or person acting in *as substituted by the Protocol reproduced in Legal Notice 238 of 2013. 18 [ S.L.123.37 DOUBLE TAXATION RELIEF ON TAXES ON INCOME WITH THE GRAND DUCHY OF LUXEMBOURG an agency or a fiduciary capacity or because it relates to ownership interests in a person. ARTICLE 27 Diplomatic Agents and Consular Officers Nothing in this Convention shall affect the fiscal privileges of diplomatic agents or consular officers under the general rules of international law or under the provisions of special agreements. ARTICLE 28 Exclusion of Certain Companies 1. The provisions of this Convention shall not apply to companies enjoying a special fiscal treatment by virtue of the laws or the administrative practice of either one of the Contracting States. Neither shall they apply to income derived from such companies by a resident of the other Contracting State, nor to shares or other rights in such companies owned by such person. 2. The Governments of the Contracting States shall agree periodically which special fiscal treatment is meant under the provisions of paragraph 1 of this Article. ARTICLE 29 Entry into Force 1. The Governments of the Contracting States shall notify each other that the constitutional requirements for the entry into force of this Convention have been complied with. 2. The Convention shall enter into force thirty days after the date of the later of the notifications referred to in paragraph 1 and its provisions shall have effect: (
16. a)in Luxembourg: (
17. i)in respect of taxes withheld at source, to income derived on or after 1 January in the calendar year in which the Convention enters into force; (
18. ii)in respect of other taxes on income and taxes on capital, to taxes chargeable for any taxable year beginning on or after 1 January in the calendar year in which the Convention enters into force; (
19. b)in Malta: in respect of taxes which are levied for any year of assessment beginning on or after 1 January in the calendar year immediately following the year in which the Convention enters into force. ARTICLE 30 Termination This Convention shall remain in force until terminated by a Contracting State. Either Contracting State may terminate the Convention, through diplomatic channels, by giving notice of termination at least six months before the end of any calendar year following after the period of five years from the date on which the DOUBLE TAXATION RELIEF ON TAXES ON INCOME WITH THE GRAND DUCHY OF LUXEMBOURG [ S.L.123.37 19 Convention enters into force. In such event, the Convention shall cease to have effect: 1. in Luxembourg: (
20. a)in respect of taxes withheld at source, to income derived on or after l January in the calendar year immediately following the year in which the notice is given; (
21. b)in respect of other taxes on income and taxes on capital, to taxes chargeable for any taxable year beginning on or after 1 January in the calendar year immediately following the year in which the notice is given; 2. in Malta: in respect of taxes which are levied for the year of assessment beginning on or after 1 January of the second calendar year next following the year in which the notice is given. In witness whereof the undersigned, duly authorized thereto, have signed this Convention. Done in duplicate at Luxembourg this 29th day of April, 1994, in the French and English languages, both texts being equally authentic. FOR THE GOVERNMENT OF MALTA FOR THE GOVERNMENT OF THE GRAND DUCHY OF LUXEMBOURG GUIDO DE MARCO DEPUTY PRIME MINISTER, MINISTER FOR FOREIGN AFFAIRS JACQUES F. POOS DEPUTY PRIME MINISTER, MINISTER FOR FOREIGN AFFAIRS, FOREIGN TRADE AND COOPERATION AGREED MINUTES The representatives of the Government of Malta and the Government of the Grand Duchy of Luxembourg hereby record the following understanding which has been reached between the two Governments during the course of the negotiations for the conclusion of the Convention between Malta and the Grand Duchy of Luxembourg for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and Capital, signed at Luxembourg today (hereinafter referred to as "the Convention"): 1. With reference to sub-paragraph (
22. c)of paragraph 1 of Article 23 of the Convention the term "if the enterprise enjoys in Malta a special fiscal treatment by virtue of the laws or the administrative practice of Malta" means a Luxembourg enterprise with a branch in Malta under the provisions of sub-article