San Marino & Malta Double Tax Treaty

The Double Tax Treaty Malta San Marino states that the maximum San Marino withholding tax on dividends distributed by a San Marino resident company to a Maltese resident company where the Maltese resident company holds at least 25% of the share capital of the San Marino resident company is 5%. In all other cases, the maximum San Marino withholding tax is 10%.

The Double Tax Treaty Malta San Marino states that there is no San Marino withholding tax on interest paid by a San Marino resident to a Maltese resident owner of the interest income.

The Double Tax Treaty Malta San Marino states that there is no San Marino withholding tax on royalties paid by a San Marino resident to a Maltese resident beneficial owner of the royalty income.

The Double Tax Treaty Malta San Marino states that pensions and other similar remuneration from San Marino sources to a Maltese resident individual may only be taxed in Malta.

However, this does not apply for pensions paid under provisions of the social security legislation of San Marino, which are taxable in San Marino only.

Legal Notice 98 of 2026 amends Article 24(2) of the Malta & San Marino Double Tax Treaty through the deletion of a provision providing for the expiry of a MAP procedure at the end of the third year following the year in which the case was presented by the taxpayer.

Both Contracting States are also required to notify each other that the legal requirements for the entry into force of the amendment have been completed. The amended Double Tax Treaty will enter into force in both Contracting States on the date of the later notification, which date will be established by notice in the Government Gazette.