Income Tax Act (Cap. 123)

Income Tax Act (Cap. 123), article 82

Official PDF on legislation.mt

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.

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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.