| 6/1/2009 |
Bil-Malti
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| Board of Special Commissioners - Cases |
| Case No. 11/60 |
Decided: 24 February, 1964 |
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Non-resident ship owner; interpretation of reciprocity requirements - article 8, now 12, Income Tax Act
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Article 8 of the Income Tax Act exempts from tax "the profits of a non-resident ship owner as defined in section 13 of this Act, provided that the country to which such non-resident ship owner belongs extends a similar exemption to ship owners who are not resident in such country but who are resident in Malta...."
In an analogous case (no. 54) the Court of Appeal had ruled that the reciprocity required for exemption is not one in legislation but a matter of fact. The Italian non-resident ship-owning company was trading in Malta without having a permanent establishment in Malta. Under Italian law, any Maltese company trading in the same way in Italy was exempt in Italy. Reciprocity, therefore, applied and the exemption claimed was due also in the case under review.
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