Income Tax Act (Cap. 123)
Income Tax Act (Cap. 123), article 82
82. The provision concerning unilateral relief shall, where the
income under article 80 includ es a dividend distributed by a
company not resident in Malta, h ereinafter in this article refe rred to
as "the overseas company", have effect so that tax not chargeab le
directly or by deduction in resp ect of the dividend shall be de emed
to fall under the provision of article 80( b) and shall be taken into
account in computing the credit to be given against income tax in
respect of the dividend.
For the purposes of this article -
(a) "tax not chargeable directly or by deduction in respect
of the dividend" shall incl ude tax payable in respect of
a dividend distributed by a company which is related
to the overseas company as specified in paragraph ( b),
hereinafter referred to in this article as "related
company", where such divid end forms part of a chain
of successive dividends distributed from one related
company to another ending in the dividend received by
the person making the claim, or on the profits out of
which such dividend was distributed;
(b) a company is related to the overseas company if the
overseas company controls, directly or indirectly, not
INCOME TAX [CAP. 123. 205
less than 10% of the voting power of the related
company.
Limitation on the
credit.
Added by:
XVII. 1994.32.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.