Malta added Switzerland to its list of double taxation agreements in 2012 after the Swiss Government announced the ratification of the convention. The agreement was enforced in 2013. The convention follows the Organization for Economic Co-operation and Development Model Tax Convention and contains provisions about the exchange of tax information. The taxes covered by the double taxation agreement between Malta and Switzerland are:
- – the income tax in Malta,
- – the federal, cantonal and communal taxes on income in Switzerland.
The convention also applies to similar taxes collected in both countries. However, the agreement does not cover the taxation of lottery prizes. The tax agreement between Malta and Switzerland covers both natural persons and Swiss and Maltese companies.
Types of income covered by the Malta-Switzerland double tax treaty
The double taxation treaty between Malta and Switzerland covers the income arisen from different types of sources. Among these:
- – income derived from movable and immovable property,
- – income derived from business profits,
- – income derived from shipping and air transport,
- – income derived from associated enterprises,
- – income derived from the payment of dividends, interests and royalties,
- – income derived from salaries of Swiss and Maltese employees,
- – capital gains,
- – directors’ fees,
- – income earned by artisans and sportsmen.
With respect to the taxation of income resulted from immovable property, the Maltese-Swiss double taxation agreement covers incomes derived from agriculture and forestry activities. The agreement also refers to the exemption on taxation of dividends and interests between associated Swiss and Maltese companies holding at least 10% of the capital in the company paying the dividends and interests. Royalties are also exempt from taxation under treaty.
The elimination of double taxation in Malta and Switzerland
In Malta, double taxation is avoided by granting a credit against the Maltese tax related to the imposition of the Swiss tax. In Switzerland, the avoidance of double taxation will be achieved through several methods:
- – Swiss residents may be taxed in Malta and apply for tax returns in their home country,
- – Swiss residents paying taxes in Malta may also be granted tax deductions, lump sums or full exemptions in Switzerland.
Swiss companies paying taxes in Malta will also be granted a tax relief equal to the tax the company would pay in Switzerland.
For complete information about the tax rates applicable under the double taxation treaty with Switzerland, please contact our agents in Malta.