S.L. 123.97 Art. 2Arrangements to have effect. The desiring to the disciplined framework of This Contracting 1. This State, 2. There income, or on movable or paid by 3. The (a) in (b) in 4. The taxes which or in place of, shall notify respective 1. For the (a) the territorial and the wherein in accordance its legisla

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 Republic of San Marino with a view to affording relief from double taxation in relation to the following taxes imposed by the laws of the Republic of San Marino; the general income tax which is levied:

(1) on individuals;

(2) on bodies corporate and proprietorship; even if collected through a withholding tax.

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

(c) that the Convention has entered into force on the 19th July, 2005. SCHEDULE

C O N V E N T I O N BETWEEN MALTA AND THE REPUBLIC OF SAN MARINO WITH RESPECT TO TAXES ON INCOME Government of Malta and the Government of the Republic of San Marino, conclude a Convention with respect to taxes on income, and to strengthen development of economic relations between the two States in the greater cooperation, 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 by a Contracting irrespective of the manner in 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 and taxes on the total amounts of wages or salaries enterprises. existing taxes to which this Convention shall apply are: Malta: the income tax; (hereinafter referred to as "Malta tax"); San Marino: the general income tax which is levied: 1. on individuals; 2. on bodies corporate and proprietorships; even if collected through a withholding tax; (hereinafter referred to as "San Marino 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 any significant changes which have been made in their taxation laws. Article 3 GENERAL DEFINITIONS

purposes of this Convention, unless the context otherwise requires: the term "Malta" means the Republic of Malta and, when used in a geographical sense, means the Island of Malta, the Island of Gozo and the other islands of the Maltese archipelago including waters thereof, as well as any area of the sea-bed, its sub-soil superjacent water column adjacent to the territorial waters, Malta exercises sovereign rights, jurisdiction, or control with international law and its national law, including relating to the exploration of the continental shelf and exploitation natural resources;

(b) the term "San Marino" means the Republic of San Marino used in a geographical sense, means the territory of the Republic Marino, including any other area within which the Republic Marino, in accordance with international law, exercises sovereign or its jurisdiction;

(c) the terms "a Contracting State" and "the other Contracting Malta or San Marino, as the context requires;

(d) the term "person" includes an individual, a company and 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 Contracting State" mean respectively an enterprise carried 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 of a Contracting State, except or aircraft is operated solely between places in the other State;

(h) the term "competent authority" means:

(i) in Malta: the Minister responsible for finance or representative;

(ii) in San Marino: the Ministry of Finance;

(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.