DOUBLE TAXATION RELIEF ON TAXES ON INCOME
WITH THE REPUBLIC OF POLAND _g S.L.123.33 1
SUBSIDIARY LEGISLATION 123.33
DOUBLE TAXATION RELIEF ON TAXES ON 
INCOME WITH THE REPUBLIC OF POLAND 
ORDER
24th November, 1994
LEGAL NOTICE 28 of 1995. 
Title.
on Income with the Republic of Poland Order.
Arrangements to 
have effect.
2.   It is hereby declared:
( a ) that the arrangements specified in the Agreement set
out in the Schedule to this Order have been made with
the Government of the Republic of Poland with a view
to affording relief from double taxation in relation to
the following taxes imposed by the laws of the
Republic of Poland:
(i) the personal income tax;
(ii) the corporate income tax;
( b ) that it is expedient that those arrangements should
have effect.
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WITH THE REPUBLIC OF POLAND
S C H E D U L E
AGREEMENT 
BETWEEN THE GOVERNMENT OF MALTA
AND THE GOVERNMENT OF THE REPUBLIC OF POLAND
FOR THE AVOIDANCE OF DOUBLE TAXATION 
AND THE PREVENTION OF FISCAL EVASION
WITH RESPECT TO TAXES ON INCOME
The Government of Malta and the Government of the Republic of Poland desiring
to conclude an Agreement for the Avoidance of Double Taxation and the prevention
of fiscal evasion with respect to taxes on income, have agreed as follows:
ARTICLE 1
Personal Scope
This Agreement shall apply to persons who are residents of one or both of the
Contracting States.
ARTICLE 2
Taxes Covered
(1) This Agreement shall apply to taxes on income imposed on behalf of a
Contracting State or of its political subdivisions or local authorities, irrespective of
the manner in which they are levied.
(2) There shall be regarded as taxes on income all taxes imposed on total
income or on elements of income, including taxes on gains from the alienation of
movable or immovable property and taxes on the total amounts of wages or salaries
paid by enterprises.
(3) The existing taxes to which this Agreement shall apply are in particular:
( a ) in Malta:
the income tax,
(hereinafter referred to as "Malta tax");
( b ) in Poland:
(i) the personal income tax (podatek dochodowy ad osob
fizycznych);
(ii) the corporate income tax (podatek dochodowy ad osob
prawnych);
(hereinafter referred to as "Polish tax").
(4) This Agreement shall apply also to any identical or substantially similar
taxes which are imposed by either Contracting State after the date of signature of
this Agreement in addition to, or in place of, the existing taxes. The competent
authorities of the Contracting States shall notify each other of any significant
changes which have been made in their respective taxation laws.
(5) Notwithstanding the other provisions of this Article this Agreement shall not
apply to tax paid or payable in Malta at the rate provided for in article 56(13) of the
Income Tax Act concerning the chargeable income of any person engaged in the
production of petroleum produced in Malta.
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WITH THE REPUBLIC OF POLAND _g S.L.123.33 3
ARTICLE 3
General Definitions
(1) For the purposes of this Agreement, unless the context otherwise requires:
( a ) the term "Malta", when used in a geographical sense, means the Island of
Malta, the Island of Gozo and the other islands of the Maltese archipelago including
the territorial waters thereof, and any area outside the territorial sea of Malta which,
in accordance with international law, has been or may hereafter be designated, under
the law of Malta concerning the Continental Shelf, as an area within which the rights
of Malta with respect to the sea-bed and subsoil and their natural resources may be
exercised;
( b ) the term "Poland" when used in a geographical sense means the territory of
the Republic of Poland, including any area beyond its territorial waters, within
which under the laws of Poland and in accordance with international law, Poland
may exercise its sovereign rights over the sea-bed, its subsoil and their natural
resources;
( c ) the terms "a Contracting State" and "the other Contracting State" mean
Poland or Malta as the context requires;
( d ) the term "person" includes an individual, a company and any other body of
persons;
( e ) the term "company" means any body corporate or any entity which is treated
as a body corporate for tax purposes;
( f ) the terms "enterprise of a Contracting State" and "enterprise of the other
Contracting State" mean, respectively, an enterprise carried on by a resident of a
Contracting State and an enterprise carried on by a resident of the other Contracting
State;
( g ) the term "national" means all individuals possessing the nationality of a
Contracting State and all legal persons, partnerships and associations deriving their
status as such from the laws in force in a Contracting State;
( h ) the term "international traffic" means any transport by a ship, aircraft or
road vehicle operated by an enterprise which has its place of effective management
in a Contracting State, except when the ship, aircraft or road vehicle is operated
solely between places in the other Contracting State;
( i ) the term "competent authority" means:
(i) in the case of Malta, the Minister responsible for finance or his
authorised representative;
(ii) in the case of Poland, the Minister of Finance or his authorised
representative.
(2) As regards the application of this Agreement by a Contracting State any
term not defined therein shall, unless the context otherwise requires, have the
meaning which it has under the law of that State concerning the taxes to which this
Agreement applies.
ARTICLE 4
Resident
(1) For the purposes of this Agreement, the term "resident of a Contracting
State" means a person who, under the laws of that State, is liable to tax therein by
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reason of his domicile, residence, place of management or any other criterion of a
similar nature. But this term does not include any person who is liable to tax in that
State in respect only of income from sources in that State.
(2) Where by reason of the provisions of paragraph (1) an individual is a
resident of both Contracting States, then his status shall be determined as follows:
( a ) he shall be deemed to be a resident solely of the Contracting State in
which he has a permanent home available to him; if he has a permanent
home available to him in both States, he shall be deemed to be a resident
solely of the Contracting State with which his personal and economic
relations are closer (centre of vital interests);
( b ) if the State in which he has his centre of vital interests cannot be
determined, or if he has no permanent home available to him in either
State, he shall be deemed to be a resident solely of the Contracting State
in which he has an habitual abode;
( c ) if he has an habitual abode in both States or in neither of them, he shall
be deemed to be a resident solely of the Contracting State of which he is
a national;
( d ) if he is a national of both States or of neither of them, the competent
authorities of the Contracting States shall settle the question by mutual
agreement.
(3) Where by reason of the provisions of paragraph (1) a person other than an
individual is a resident of both Contracting States, then it shall be deemed to be a
resident solely of the State in which its place of effective management is situated.
ARTICLE 5
Permanent Establishment
(1) For the purposes of this Agreement, the term "permanent establishment"
means a fixed place of business through which the business of an enterprise is
wholly or partly carried on.
(2) The term "permanent establishment" includes especially:
( a ) a place of management;
( b ) a branch;
( c ) an office;
( d ) a factory;
( e ) a workshop;
( f ) a mine, an oil or gas well, a quarry or any other place of extraction of
natural resources including an offshore drilling site;
( g ) a building site or construction or assembly project or supervisory
activities in connection therewith, where such site, project or activity
continues for more than six months.
(3) Notwithstanding the preceding provisions of this Article, the term
"permanent establishment" shall be deemed not to include:
( a ) the use of facilities solely for the purpose of storage, display or delivery
of goods or merchandise belonging to the enterprise;
( b ) the maintenance of a stock of goods or merchandise belonging to the
enterprise solely for the purpose of storage, display or delivery;
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( c ) the maintenance of a stock of goods or merchandise belonging to the
enterprise solely for the purpose of processing by another enterprise;
( d ) the maintenance of a fixed place of business solely for the purpose of
purchasing goods or merchandise, or of collecting information, for the
enterprise;
(e) the maintenance of a fixed place of business solely for the purpose of
carrying on, for the enterprise, any other activity of a preparatory or
auxiliary character;
( f ) the maintenance of a fixed place of business solely for any combination
of activities mentioned in sub-paragraphs ( a ) to ( e ), provided that the
overall activity of the fixed place of business resulting from this
combination is of a preparatory or auxiliary character.
(4) An enterprise of a Contracting State shall be deemed to have a permanent
establishment in the other Contracting State if:
( a ) it carries on supervisory activities in that other State for more than six
months in connection with a construction, installation or assembly
project which is being undertaken in that other State; or
( b ) substantial equipment is in that other State being used or installed by,
for or under contract with, the enterprise; or
( c ) it carries on supervisory activities in that State in connection with the
use of equipment referred to in sub-paragraph ( b ).
(5) Notwithstanding the provisions of paragraphs (1) and (2) where a person -
other than an agent of an independent status to whom paragraph (6) applies - is
acting on behalf of an enterprise and has, and habitually exercises, in a Contracting
State an authority to conclude contracts in the name of the enterprise, that enterprise
shall be deemed to have a permanent establishment in that State in respect of any
activities which that person undertakes for the enterprise, unless the activities of
such person are limited to those mentioned in paragraph (3) which, if exercised
through a fixed place of business, would not make this fixed place of business a
permanent establishment under the provisions of that paragraph.
(6) An enterprise of a Contracting State shall not be deemed to have a
permanent establishment in the other Contracting State merely because it carries on
business in that other State through a broker, general commission agent or any other
agent of an independent status, provided that such persons are acting in the ordinary
course of their business. However, when the activities of such an agent are devoted
wholly or almost wholly on behalf of the enterprise, he shall not be considered an
agent of an independent status if the transactions between the agent and the
enterprise were not made under arm’s length conditions.
(7) The fact that a company which is a resident of a Contracting State controls
or is controlled by a company which is a resident of the other Contracting State, or
which carries on business in that other State (whether through a permanent
establishment or otherwise), shall not of itself constitute either company a
permanent establishment of the other.
ARTICLE 6
Income from Immovable Property
(1) Income derived by a resident of a Contracting State from immovable
property (including income from agriculture or forestry) situated in the other
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Contracting State may be taxed in that other State.
(2) The term "immovable property" shall have the meaning which it has under
the law of the Contracting State in which the property in question is situated. The
term shall in any case include property accessory to immovable property, livestock
and equipment used in agriculture and forestry, rights to which the provisions of
general law respecting landed property apply, buildings, usufruct of immovable
property and rights to variable or fixed payments as consideration for the working
of, or the right to work, mineral deposits, sources and other natural resources; ships,
boats and aircraft shall not be regarded as immovable property.
(3) The provisions of paragraph (1) shall apply to income derived from the
direct use, letting, or use in any other form of immovable property.
(4)  The provisions of paragraphs (1) and (3) shall also apply to the income from
immovable property of an enterprise and to income from immovable property used
for the performance of independent personal services.
ARTICLE 7
Business Profits
(1) The profits of an enterprise of a Contracting State shall be taxable only in
that State unless the enterprise carries on business in the other Contracting State
through a permanent establishment situated therein. If the enterprise carries on
business as aforesaid, the profits of the enterprise may be taxed in the other State but
only on so much of them as is attributable to that permanent establishment.
(2) Subject to the provisions of paragraph (3), where an enterprise of a
Contracting State carries on business in the other Contracting State through a
permanent establishment situated therein, there shall in each Contracting State be
attributed to that permanent establishment the profits which it might be expected to
make if it were a distinct and separate enterprise engaged in the same or similar
activities under the same or similar conditions and dealing wholly independently
with the enterprise of which it is a permanent establishment or with other associated
enterprises with which it deals.
(3) In the determination of the profits of a permanent establishment, there shall
be allowed as deductions expenses of the enterprise, being expenses which are
incurred for the purposes of the permanent establishment (including executive and
general administrative expenses so incurred) and which would be deductible if the
permanent establishment were an independent entity which paid those expenses,
whether incurred in the Contracting State in which the permanent establishment is
situated or elsewhere.
(4) Nothing in this Article shall affect the application of any law of a
Contracting State relating to the determination of the tax liability of a person,
including the determination of such liability by the exercise of discretion or the
making of an estimate by the competent authority of that State in cases in which,
from the information available to the competent authority of that State, it is not
possible or not practicable to ascertain the profits to be attributed to a permanent
establishment, provided that that law shall be applied, so far as the information
available to the competent authority permits, consistently with the principles of this
Article.
(5) No profits shall be attributed to a permanent establishment by reason of the
mere purchase by that permanent establishment of goods or merchandise for the
enterprise.
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WITH THE REPUBLIC OF POLAND _g S.L.123.33 7
(6) For the purposes of the preceding paragraphs, the profits to be attributed to
the permanent establishment shall be determined by the same method year by year
unless there is good and sufficient reason to the contrary.
(7) The provisions of this Article shall not affect the provisions of the law of a
Contracting State regarding the taxation of profits from the business of insurance.
(8) Where profits include items of income which are dealt with separately in
other Articles of this Agreement, then the provisions of those Articles shall not be
affected by the provisions of this Article.
ARTICLE 8
International Traffic
(1) Profits from the operation of ships, aircraft or road vehicles in international
traffic shall be taxable only in the Contracting State in which the place of effective
management of the enterprise is situated.
(2) If the place of effective management of a shipping enterprise is aboard a
ship or boat, then it shall be deemed to be situated in the Contracting State in which
the home harbour of the ship or boat is situated, or, if there is no such home harbour,
in the Contracting State of which the operator of the ship or boat is a resident.
(3) The provisions of paragraph (1) shall also apply to profits from the
participation in a pool, a joint business or an international operating agency.
ARTICLE 9
Associated Enterprises
(1) Where -
( a ) an enterprise of a Contracting State participates directly or indirectly in
the management, control or capital of an enterprise of the other
Contracting State, or
( b ) the same persons participate directly or indirectly in the management,
control or capital of an enterprise of a Contracting State and an
enterprise of the other Contracting State,
and in either case conditions are made or imposed between the two enterprises in
their commercial or financial relations which differ from those which would be made
between independent enterprises, then any profits which would, but for those
conditions, have accrued to one of the enterprises, but, by reason of those conditions,
have not so accrued, may be included in the profits of that enterprise and taxed
accordingly.
(2) Nothing in this Article shall affect the application of any law of a
Contracting State relating to the determination of such liability by the exercise of a
discretion or the making of an estimate by the competent authority of that State in
cases which, from the information available to the competent authority of that State,
it is not possible or not practicable to determine the income to be attributed to an
enterprise, provided that that law shall be applied, so far as the information available
to the competent authority permits, consistently with the principles of this Article.
(3) Where a Contracting State includes in the profits of an enterprise of that
State, and taxes accordingly, profits on which an enterprise of the other Contracting
State has been charged to tax in that other State and the profits so included are
profits which would have accrued to that enterprise of the first mentioned State if the
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conditions made between the two enterprises had been those which would have been
made between independent enterprises, then that other State shall make an
appropriate adjustment to the amount of the tax charged therein on those profits. In
determining such adjustment, due regard shall be had to the other provisions of this
Agreement and the competent authorities of the Contracting States shall if necessary
consult each other.
ARTICLE 10
Dividends
(1) Dividends paid by a company which is a resident of a Contracting State to a
resident of the other Contracting State may be taxed in that other State.
(2) However, such dividends may also be taxed in the Contracting State of
which the company paying the dividends is a resident and according to the laws of
that State, but:
( a ) where the dividends are paid by a company resident of Poland to a
resident of Malta who is the beneficial owner thereof, the Polish tax so
charged shall not exceed:
(i) 5 per cent of the gross amount of the dividends if the beneficial
owner is a company (other than a partnership) which holds
directly at least 20 per cent of the capital of the company paying
the dividends;
(ii) 15 per cent of the gross amount of the dividends in all other cases;
( b ) where the dividends are paid by a company which is a resident of Malta
to a resident of Poland who is the beneficial owner thereof Malta tax on
the gross amount of the dividends shall not exceed that chargeable on
the profits out of which the dividends are paid.
This paragraph shall not affect the taxation of the company in respect of the
profits out of which the dividends are paid.
(3) The term "dividends" as used in this Article means income from shares, or
other rights not being debt-claims, participating in profits, as well as income from
other corporate rights which is subjected to the same taxation treatment as income
from shares by the laws of that State of which the company making the distribution
is a resident.
(4) The provisions of paragraphs (1) and (2) shall not apply if the beneficial
owner of the dividends, being a resident of a Contracting State, carries on business
in the other Contracting State of which the company paying the dividends is a
resident, through a permanent establishment situated therein, or performs in that
other State independent personal services from a fixed base situated therein, and the
holding in respect of which the dividends are paid is effectively connected with such
permanent establishment or fixed base. In such a case the provisions of Article 7 or
Article 14, as the case may be, shall apply.
(5) 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
DOUBLE TAXATION RELIEF ON TAXES ON INCOME
WITH THE REPUBLIC OF POLAND _g S.L.123.33 9
other State.
ARTICLE 11
Interest
(1) Interest 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 interest may also be taxed in the Contracting State in which
it arises and according to the laws of that State, but if the recipient is the beneficial
owner of the interest the tax so charged shall not exceed 10 per cent of the gross
amount of the interest.
(3) Notwithstanding the provisions of paragraph (2) interest arising in a
Contracting State and derived by the Government of the other Contracting State
including local authorities thereof, the Central Bank or any financial institution
controlled by that Government shall be exempt from tax in the first-mentioned State.
(4) 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 purposes of this Article.
(5) The provisions of paragraphs (1) and (2) 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. In such case the provisions of Article 7 or Article 14, as the case may be,
shall apply.
(6) Interest 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 interest, whether he is a resident of a
Contracting State or not, has in a Contracting State a permanent establishment or a
fixed base in connection with which the indebtedness on which the interest is paid
was incurred, and such interest is borne by such permanent establishment or fixed
base, then such interest shall be deemed to arise in the State in which the permanent
establishment et fixed base is situated.
(7) 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 paid, 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 Agreement.
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.
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(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" 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:
( 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;
( b ) the use of, or the right to use, any industrial, commercial or scientific
equipment;
( c ) the supply of scientific, technical, industrial or commercial knowledge
or information;
( d ) 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 ), any such
equipment as is mentioned in sub-paragraph ( b ), or any such knowledge
or information as is mentioned in sub-paragraph ( c );
( e ) the use of, or the right to use:
(i) motion picture films;
(ii) films or video tapes for use in connection with television; or
(iii) tapes for use in connection with radio broadcasting; or
( f ) 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. In such case the provisions of Article 7 or 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 liability 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 Agreement.
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WITH THE REPUBLIC OF POLAND _g S.L.123.33 11
ARTICLE 13
Alienation of Property
(1) Income or gains from the alienation of immovable property, as defined in
paragraph (2) of Article 6, may be taxed in the Contracting State in which such
property is situated.
(2) Income or gains from the alienation of shares or comparable interests in a
company, the assets of which consist wholly or principally of immovable property,
may be taxed in the Contracting State in which the assets or the principal assets of
the company are situated.
(3) 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 that other State.
(4) Income or gains from the alienation of ships, aircraft or road vehicles
operated in international traffic or movable property pertaining to the operation of
such means of transportation shall be taxable only in the Contracting State in which
the place of effective management of the enterprise is situated.
(5) Income or gains from the alienation of any property other than that referred
to in paragraphs (1), (2), (3) and (4) 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:
( 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);
( b ) if his stay in the other Contracting State is for a period or periods
amounting to or exceeding in the aggregate 183 days during any
calendar year; or
( c ) if the remuneration for his services in the other Contracting State is
derived from residents of that State and exceeds the equivalent of
10,000 ECU during the calendar year, notwithstanding that his stay in
that State is for a period or periods amounting in the aggregate to less
than 183 days during that year.
(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.
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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:
( a ) the recipient is present in the other State for a period or periods not
exceeding in the aggregate 183 days in the calendar year concerned; and
( b ) the remuneration is paid by or on behalf of, an employer who is not a
resident of the other State, and
( 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, aircraft or road vehicle
operated in international traffic may be taxed in the Contracting State in which the
place of effective management of the enterprise is situated.
ARTICLE 16
Directors’ Fees
Directors’ fees and similar payments derived by a resident of one of the
Contracting States in his capacity as a member of the board of directors, or other
comparable body however described, of a company which is a resident of the other
Contracting State may be taxed in that other Contracting 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
Contracting 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.
(3) Notwithstanding the provisions of paragraphs (1) and (2) of this Article,
income mentioned in this Article shall be exempt from tax in the Contracting State in
which the activity of the entertainer or sportsman is exercised provided that this
activity is supported in a considerable part out of public funds of that State or of the
other State or the activity is exercised under a cultural agreement or arrangement
between the Contracting States.
DOUBLE TAXATION RELIEF ON TAXES ON INCOME
WITH THE REPUBLIC OF POLAND _g S.L.123.33 13
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) ( 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.
( 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:
(i) is a national of that State; or
(ii) did not become a resident of that State solely for the purpose of
rendering the services.
(2) ( 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, subdivision or authority shall be taxable only in that
State.
( 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
a Contracting State or a political subdivision or a local authority thereof.
ARTICLE 20
Professors and Teachers
(1) Where a professor or teacher who is a resident of a Contracting State visits
the other Contracting State for a period not exceeding two years for the purpose of
teaching or carrying out advanced study or research at a university, college, school
or other educational institution in that other State, any remuneration the person
receives for such teaching, advance study or research shall be exempt from tax in
that other State to the extent to which that remuneration is, or upon the application of
this Article will be, subject to tax in the first-mentioned State.
(2) This Article shall not apply to remuneration which a professor or teacher
receives for conducting research if the research is undertaken primarily for the
private benefit of a specific person or persons.
14 _g S.L.123.33
DOUBLE TAXATION RELIEF ON TAXES ON INCOME
WITH THE REPUBLIC OF POLAND
ARTICLE 21
Students and Trainees
An individual who is resident of a Contracting State immediately before making a
visit to the other Contracting State and is temporarily present in the other State
solely:
( a )  as a student at a recognised university, college, school or other similar
recognised educational institution in that other State;
( b ) as a business or technical apprentice; or
( 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 organisation or under a
technical assistance programme entered into by the Government of
either State, 
shall be exempt from tax in that other State on:
(i) all remittances from abroad for the purposes of his maintenance,
education, study, research or training;
(ii) the amount of such grant, allowance or award; and
(iii) any remuneration not exceeding the equivalent of 5,000 ECU during
any calendar year in respect of services in that other State provided the
services are performed in connection with his study, research or training
or are necessary for the purposes of his maintenance.
ARTICLE 22
Other Income
(1) Items of income of a resident of a Contracting State, wherever arising, not
dealt with in the foregoing Articles of this Agreement 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. In such case, the provisions of
Article 7 or Article 14, as the case may be, shall apply.
ARTICLE 23
Elimination of Double Taxation
(1) In the case of Poland, double taxation shall be avoided as follows:
( a )  Where a resident of Poland derives income which, in accordance with
the provisions of this Agreement, may be taxed in Malta, Poland shall,
subject to the provisions of subparagraph ( b ), exempt such income from
tax but may, in calculating tax on the remaining income of that resident,
apply the rate of tax which would have been applicable if the exempted
income had not been so exempted.
( b ) Where a resident of Poland derives income, which in accordance with
DOUBLE TAXATION RELIEF ON TAXES ON INCOME
WITH THE REPUBLIC OF POLAND _g S.L.123.33 15
the provisions of Articles 10, 11 and 12 may be taxed in Malta, Poland
shall allow as a deduction from the tax on the income of that person an
amount equal to the income tax paid in Malta. Such deduction shall not,
however, exceed that part of the tax, as computed before the deduction
is given, which is appropriate to the income which may be taxed in
Malta.
(2) In the case of Malta, double taxation shall be eliminated as follows:
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 Agreement, there is included in a Malta assessment income from sources
within Poland, the Polish tax on such income shall be allowed as a credit against the
relative Malta tax payable thereon.
(3) For the purposes of allowance as a credit, the tax payable in Poland or
Malta, as the context requires, shall be deemed to include the tax which is otherwise
payable in a Contracting State but has been reduced or waived by that State under its
legal provisions for tax incentives.
(4) Where the Agreement 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 first-
mentioned 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
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 (7) 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.
(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 that first-
mentioned State are or may be subjected.
(5) Nothing in this Article shall be construed as obliging a Contracting State to
16 _g S.L.123.33
DOUBLE TAXATION RELIEF ON TAXES ON INCOME
WITH THE REPUBLIC OF POLAND
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 apply to the taxes referred to in Article 2
of this Agreement.
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 Agreement, 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 Agreement.
(2) The competent authority shall endeavour, 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 Agreement. Any agreement reached shall be
implemented notwithstanding any time limits in the domestic law of the Contracting
States.
(3) The competent authorities of the Contracting States shall endeavour to
resolve by mutual agreement any difficulties or doubts arising as to the
interpretation or application of the Agreement. They may also consult together for
the elimination of double taxation in cases not provided for in the Agreement.
(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
paragraphs (1), (2) and (3) of this Article. 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 necessary for carrying out the provisions of this Agreement or of
the domestic laws of the Contracting States concerning taxes covered by the
Agreement insofar as the taxation thereunder is not contrary to the Agreement. The
exchange of information is not restricted by Article 1. Any information received 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) involved in the
assessment or collection of, the enforcement or prosecution in respect of, or the
determination of appeals in relation to, the taxes covered by the Agreement. 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.
(2) In no case shall the provisions of paragraph (1) be construed so as to impose
DOUBLE TAXATION RELIEF ON TAXES ON INCOME
WITH THE REPUBLIC OF POLAND _g S.L.123.33 17
on a Contracting State the obligation:
( a ) to carry out administrative measures at variance with the laws and
administrative practice of that or of the other Contracting State;
( b ) 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;
( c ) 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 ).
ARTICLE 27
Diplomatic and Consular Officials
Nothing in this Agreement shall affect the fiscal privileges of diplomatic and
consular officials under the general rules of international law or under the provisions
of special agreements.
ARTICLE 28
Entry into Force
(1) Each of the Contracting States shall notify the other the completion of the
procedures required by its law for bringing into force of this Agreement. 
(2) This Agreement shall enter into force thirty days after the date of the later of
the notifications and its provisions shall have effect:
( a ) in Malta:
in respect of taxes for any year of assessment beginning on or after I
January in the second calendar year following the year in which this
Agreement enters into force;
( b )  in Poland:
(i) in respect of taxes withheld at source, to amounts of income
derived on or after 1 January in the calendar year next following
the year in which the Agreement enters into force; and
(ii) in respect of other taxes on income, to such taxes chargeable for
any taxable year beginning on or after 1st January in the calendar
year next following the year in which the Agreement enters into
force.
ARTICLE 29
Termination
This Agreement shall remain in force until terminated by a Contracting State.
Either Contracting State may terminate the Agreement, through diplomatic channels,
by giving written notice of termination at least six months before the end of any
calendar year beginning after the expiration of a period of five years from the date of
its entry into force. In such event, the Agreement shall cease to have effect:
( a ) in Malta:
in respect of taxes for any year of assessment beginning on or after 1
January in the second calendar year following the year in which the
18 _g S.L.123.33
DOUBLE TAXATION RELIEF ON TAXES ON INCOME
WITH THE REPUBLIC OF POLAND
notice is given;
( b ) in Poland:
(i) in respect of taxes withheld at source, to amounts of income
derived on or after 1 January in the calendar year next following
the year in which the notice is given; and
(ii) in respect of other taxes on income, to such taxes chargeable for
any taxable year beginning on or after 1st January in the calendar
year next following the year in which the notice be given.
IN WITNESS whereof the undersigned, being duly authorised thereto, have signed
this Agreement.
DONE at Valletta this 7th day of January, 1994, in duplicate in the English and
Polish languages, both texts being equally authentic.
VICTOR CAMILLERI 
FOR THE GOVERNMENT OF
MALTA
PANA BOLESLAWA MICHALKA 
FOR THE GOVERNMENT OF THE
REPUBLIC OF POLAND
