Common use of ELIMINATION OF DOUBLE TAXATION Clause in Contracts

ELIMINATION OF DOUBLE TAXATION. 1. Subject to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of income. 2. In Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisions: (a) Where a resident of Spain derives income which, in accordance with the provisions of this Agreement, may be taxed in Malaysia, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the tax paid in Malaysia; (ii) the deduction of the underlying corporation tax shall be given in accordance with the internal legislation of Spain. Such deductions shall not, however, exceed that part of the tax on income, as computed before the deduction is given, which is attributable, to the income which may be taxed in Malaysia. (b) Where, in accordance with any provision of the Agreement, income derived by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income. 3. For the purpose of paragraph 2 of this Article, the income tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 shall be deemed to include any amount of tax which would have been payable as Malaysian tax for any year but for an exemption or a reduction of tax granted for that year or any part thereof as a result of the application of the provisions of the following Malaysian laws: (a) the Income Tax Xxx 0000; and (b) the Promotion of Investments Xxx 0000, so far as the sections of those laws have not been modified since the date of signature of this Agreement or have been modified only in minor respects so as not to affect their general character; (c) any other provisions which may subsequently be made granting an exemption or reduction of tax which is agreed by the competent authorities of the Contracting States. 4. The provisions of paragraph 3 shall only apply for the first 10 years from the date this Agreement enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. 1. Subject In Barbados, subject to the provisions of the laws of Malaysia Barbados regarding the allowance as a credit against Malaysian Barbados tax of tax payable in any country other than Malaysia, the Spanish a territory outside Barbados double taxation shall be eliminated as follows: (a) tax paid payable under the laws of Spain and in accordance with this Agreement the Convention, whether directly or by deduction, on profits or income from sources within Spain (excluding, in the case of a resident of Malaysia dividend tax payable in respect of income derived from Spain the profits out of which the dividend is paid), shall be allowed as a credit against Malaysian any Barbados tax payable computed by reference to the same profits or income in respect of that income. Where such income which the Spain tax is computed; (b) in the case of a dividend paid by a company which that is a resident of Spain to a company which that is a resident of Malaysia Barbados and which owns not less than holds directly at least 10 per cent percent of the voting shares capital of the company paying the dividend, the credit referred to in sub-paragraph (a) shall take into account the Spanish tax paid payable by that the company paying the dividend in respect of its income the profits out of which the such dividend is paid. The credit shall not; and (c) the credit, however, shall in no case exceed that the part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of incomethe income which may be taxed in Spain. 2. In the case of Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisionsprovisions in accordance with the internal legislation of Spain: (a) Where where a resident of Spain derives income which, in accordance with the provisions of this AgreementConvention, may be taxed in MalaysiaBarbados, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, Spain shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in MalaysiaBarbados; (ii) the deduction of the underlying corporation tax shall be given in accordance with the internal legislation of Spain. Such deductions deduction shall not, however, exceed that part of the tax on incomeincome tax, as computed before the deduction is given, which is attributable, as the case may be, to the income which may be taxed in Malaysia.Barbados; (b) Where, where in accordance with any provision of the Agreement, Convention income derived by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income. 3. For the purpose of paragraph 2 of this Article, the income tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 shall be deemed to include any amount of tax which would have been payable as Malaysian tax for any year but for an exemption or a reduction of tax granted for that year or any part thereof as a result of the application of the provisions of the following Malaysian laws: (a) the Income Tax Xxx 0000; and (b) the Promotion of Investments Xxx 0000, so far as the sections of those laws have not been modified since the date of signature of this Agreement or have been modified only in minor respects so as not to affect their general character; (c) any other provisions which may subsequently be made granting an exemption or reduction of tax which is agreed by the competent authorities of the Contracting States. 4. The provisions of paragraph 3 shall only apply for the first 10 years from the date this Agreement enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. 1. Subject to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of income. 2. In Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisionsprovisions in accordance with the internal legislation of Spain: (a) Where a resident of Spain derives income or owns elements of capital which, in accordance with the provisions of this AgreementConvention, may be taxed in MalaysiaArmenia, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, Spain shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in MalaysiaArmenia; (ii) as a deduction from the tax on the capital of that resident, an amount equal to the tax paid in Armenia on the same elements of capital; (iii) the deduction of the underlying corporation tax shall be given in accordance with the internal legislation of Spain. Such deductions deduction shall not, however, exceed that part of the income tax on incomeor capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the same elements of capital which may be taxed in MalaysiaArmenia. (b) Where, Where in accordance with any provision of the Agreement, Convention income derived or capital owned by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted incomeincome or capital. 2. In Armenia, double taxation shall be avoided as follows: a) Where a resident of Armenia derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in Spain, Armenia shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Spain; (ii) as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in Spain. Such deduction in either case shall not, however, exceed that part of the income tax or capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in Spain. b) Where in accordance with any provision of this Convention, income derived or capital owned by a resident of Armenia is exempt from tax in Armenia, Armenia may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted income or capital. 3. For the purpose of paragraph 2 of this Article, allowance as a credit in Spain the income tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 Armenia shall be deemed to include any amount of tax which would have been payable as Malaysian tax for any year but for an exemption or a reduction of tax granted for that year or any part thereof as a result of the application of the provisions of the following Malaysian laws: (a) the Income Tax Xxx 0000; and (b) the Promotion of Investments Xxx 0000, so far as the sections of those laws have not been modified since the date of signature of this Agreement or have been modified only in minor respects so as not to affect their general character; (c) any other provisions which may subsequently be made granting an exemption or reduction of tax which is agreed otherwise payable in Armenia but has been reduced or waived by the competent authorities Armenia according to provisions of Article 39 (Privileges for a Resident with Foreign Investments) of the Contracting States. 4Law “On profit Tax” as of 30 September 1997. The provisions of this paragraph 3 shall only apply for the first 10 period of 5 years from after the date on which this Agreement Convention enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. 1. Subject to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of income. 2. In Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisionsprovisions in accordance with the internal legislation of Spain: (a) Where a resident of Spain derives income which, in accordance with the provisions of this Agreement, may be taxed in Malaysiathe Sultanate of Oman, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, Spain shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Malaysiathe Sultanate of Oman; (ii) the deduction of the underlying corporation tax shall be given in accordance with the internal legislation of Spain. Such deductions deduction shall not, however, exceed that part of the tax on incomeincome tax, as computed before the deduction is given, which is attributable, as the case may be, to the income which may be taxed in Malaysiathe Sultanate of Oman. (b) Where, Where in accordance with any provision of the Agreement, Agreement income derived by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income. 32. For In the purpose Sultanate of paragraph 2 Oman, double taxation shall be eliminated as follows: a) Where a resident of the Sultanate of Oman derives income which, in accordance with the provisions of this ArticleAgreement, may be taxed in Spain, the Sultanate of Oman shall allow as a deduction from the tax on the income of that resident an amount equal to the income tax paid in Malaysia Spain. Such deduction shall not, however, exceed that part of the income tax (as computed before the deduction is given) which is attributable to the income which may be taxed in Spain. b) Where, in accordance with any provision of this Agreement, income derived by a resident of Spain the Sultanate of Oman is exempt from tax in respect the Sultanate of business profits according to Article 7 shall be deemed to include any Oman, the Sultanate of Oman may nevertheless, in calculating the amount of tax which would have been payable as Malaysian tax for any year but for an exemption or a reduction on the remaining income of tax granted for that year or any part thereof as a result of such resident, take into account the application of the provisions of the following Malaysian laws: (a) the Income Tax Xxx 0000; and (b) the Promotion of Investments Xxx 0000, so far as the sections of those laws have not been modified since the date of signature of this Agreement or have been modified only in minor respects so as not to affect their general character; (c) any other provisions which may subsequently be made granting an exemption or reduction of tax which is agreed by the competent authorities of the Contracting Statesexempted income. 4. The provisions of paragraph 3 shall only apply for the first 10 years from the date this Agreement enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. 1. Subject to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of income. 2. In Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisionsas follows: (a) Where a resident of Spain derives obtains income or holds elements of capital which, in accordance with the provisions of this Convention, may be subjected to tax in Chile, Spain shall allow, in accordance with the provisions or Spanish law: i) a deduction on the tax on income actually paid by such resident, in an amount that is equivalent to that of the income tax paid in Chile, if applicable, after deducting the First-Category Tax; ii) a deduction on the tax on capital actually paid by such resident, in an amount that is equivalent to that of the tax paid in Chile on such elements of capital; iii) a deduction on the income tax actually paid by the company distributing the dividends pertaining to the profits out of which such dividends are paid (First-Category Tax) Such deduction, however, may not exceed that part of the tax on income or tax on capital, calculated prior to such deduction, which corresponds to the income or elements of capital which may be subjected to tax in Chile. b) Where, in accordance with any provision of this Convention, income obtained by a resident of Spain, or the capital held by such resident, is exempt from taxes in Spain, Spain may, however, include the exempted income or capital in calculating the amount of tax on the remaining income or capital of such resident. 2. In Chile, double taxation shall be avoided as follows: a) residents of Chile who obtain income which, in accordance with the provisions of this AgreementConvention, may can be taxed subjected to taxation in Malaysia, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, shall allow: (i) as a deduction can deduct from the tax on Chilean taxes corresponding to such income the income of that residenttaxes which were levied in Spain, an amount equal to the tax paid in Malaysia; (ii) the deduction of the underlying corporation tax shall be given in accordance with the internal legislation applicable provisions of SpainChilean law. Such deductions This paragraph shall not, however, exceed that part apply to all types of the tax on income, as computed before the deduction is given, which is attributable, to the income which may be taxed in Malaysiacovered under this Convention. (b) Where, in accordance with any provision of this Convention, the Agreement, income derived obtained by a resident of Spain Chile or the capital held by the same is exempt from tax taxes in SpainChile, Spain may neverthelessChile shall, however, be entitled to include the exempted income or capital in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted income. 3. For the purpose of paragraph 2 of this Article, the income tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 shall be deemed to include any amount of tax which would have been payable as Malaysian tax for any year but for an exemption or a reduction of tax granted for that year or any part thereof as a result of the application of the provisions of the following Malaysian laws: (a) the Income Tax Xxx 0000; and (b) the Promotion of Investments Xxx 0000, so far as the sections of those laws have not been modified since the date of signature of this Agreement or have been modified only in minor respects so as not to affect their general character; (c) any other provisions which may subsequently be made granting an exemption or reduction of tax which is agreed by the competent authorities of the Contracting States. 4. The provisions of paragraph 3 shall only apply for the first 10 years from the date this Agreement enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.Chapter VI Miscellaneous Provisions

ELIMINATION OF DOUBLE TAXATION. 1. Subject The laws in force in either of the Contracting States will continue to govern the taxation of income and capital in the respective Contracting States except where express provisions to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable contrary are made in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of incomeConvention. 2. In SpainIndia, double taxation shall will be avoided following either the provisions of its internal legislation or in the following provisionsmanner : (a) Where a resident of Spain India derives income or owns capital which, in accordance with the provisions of this AgreementConvention, may be taxed in Malaysia, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, India shall allowallow : (ii ) as a deduction from the tax on the income of that resident, an amount equal to the income-tax paid in Malaysia;Spain, whether directly or by deduction; and (iiii ) as a deduction from the deduction tax on the capital of that resident, an amount equal to the underlying corporation capital tax shall be given paid in accordance with the internal legislation of Spain. Such deductions deduction in either case shall not, however, exceed that part of the income-tax on incomeor capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in MalaysiaSpain. (b) WhereWhere a resident of India derives income or owns capital which in accordance with the provisions of this Convention, shall be taxable only in Spain, India may include this income or capital in the tax base but shall allow as a deduction from the income-tax or capital tax, that part of the income-tax or capital tax which is attributable, as the case may be, to the income derived from or the capital owned in Spain. 3. In Spain, subject to the provisions of its internal law, double taxation will be avoided in the following manner : (a) Where a resident of Spain derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in India, Spain shall allow : (i ) as a deduction from the tax on the income of that resident, an amount equal to the income- tax paid in India; (ii ) as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in India. (b) In the case of a dividend paid by a company which is a resident of India to a company which is a resident of Spain and which holds at least 25 per cent of the capital of the company paying the dividend, the deduction shall take into account [in addition to the deduction provided under sub- paragraph (a)] the income-tax paid in India by the company in respect of the profits out of which such dividend is paid provided that such tax is taken into account in calculating the base of the Spanish tax. Such deduction in either case shall not, however, exceed that part of the income-tax or capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in India. (c) Where in accordance with any provision of the Agreement, Convention income derived or capital owned by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted incomeincome or capital. 34. For the purpose purposes of deduction referred to in paragraph 2 of this Article3, the income term "income-tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 India" shall be deemed to include any amount of tax which would have been payable as Malaysian Indian tax under the laws of India and in accordance with this Convention for any year but for an exemption from, or a reduction of of, tax granted for that year or any part thereof as a result of the application of the provisions of the following Malaysian lawsunder : (ai) Sections 10( 4), 10(15)( iv), 00X, 00X, 00X, 00XX, 00XX, 00XXX and 80-I of the Income Tax Xxx 0000; and Income-tax Act, 1961 (b43 of 1961) the Promotion of Investments Xxx 0000, so far as the sections of those laws they were in force on, and have not been modified since since, the date of the signature of this Agreement Convention, or have been modified only in minor respects so as not to affect their general character;; or (cii) any other provisions which may subsequently be made enacted hereafter granting a deduction in computing the taxable income or an exemption or reduction of from tax which is agreed by the competent authorities of the Contracting StatesStates agree to be of a substantially similar character if it has not been modified thereafter or has been modified only in minor respects so as not to affect its general character. 45. The provisions of paragraph 3 4 shall only apply for the first 10 years from for which this Convention is effective but the date this Agreement enters into force. The competent authorities shall of the Contracting States may consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. 1. Subject to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of income. 2. In Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisions: (a) Where a resident of Spain derives income which, in accordance with the provisions of this Agreement, may be taxed in Malaysia, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the tax paid in Malaysia; (ii) the deduction of the underlying corporation tax shall be given in accordance with the internal legislation of Spain. Such deductions shall not, however, exceed that part of the tax on income, as computed before the deduction is given, which is attributable, to the income which may be taxed in Malaysia. (b) Where, in accordance with any provision of the Agreement, income derived by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income. 3. For the purpose of paragraph 2 of this Article, the income tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 shall be deemed to include any amount of tax which would have been payable as Malaysian tax for any year but for an exemption or a reduction of tax granted for that year or any part thereof as a result of the application of the provisions of the following Malaysian lawsLaws: (a) the The Income Tax Xxx 0000; and (b) the The Promotion of Investments Xxx 0000, so far as the sections of those laws have not been modified since the date of signature of this Agreement or have been modified only in minor respects so as not to affect their general character;. (c) any Any other provisions which may subsequently be made granting an exemption or reduction of tax which is agreed by the competent authorities of the Contracting States. 4. The provisions of paragraph 3 shall only apply for the first 10 years from the date this Agreement enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. 1. In the case of Jamaica, double taxation shall be avoided as follows: Subject to the laws provisions of Malaysia the law of Jamaica regarding the allowance as a credit against Malaysian Jamaican tax of tax payable paid in any country other than MalaysiaSpain (which shall not affect the general principles thereof), the Spanish tax paid under the laws where a resident of Spain and Jamaica derives income which, in accordance with the provisions of this Agreement by a resident of Malaysia Convention may be taxed in respect of income derived from Spain Spain, Jamaica shall be allowed allow as a credit against Malaysian deduction from the tax payable in respect on the income of that income. Where such resident an amount equal to the income is a dividend tax paid by in Spain and where a company which is a resident of Spain pays a dividend to a company resident in Jamaica, which is a resident of Malaysia and which owns not less than controls directly or indirectly at least 10 per cent of the voting shares of power in the company paying the dividendfirst-mentioned company, the credit deduction shall take into account Spanish the tax paid payable in Spain by that first-mentioned company in respect of its income the profits out of which the such dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of income. 2. In the case of Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisionsprovisions in accordance with the internal legislation of Spain: (a) Where a resident of Spain derives income which, in accordance with the provisions of this AgreementConvention, may be taxed in MalaysiaJamaica, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, Spain shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in MalaysiaJamaica ; (ii) the deduction of the underlying corporation tax shall be given in accordance with the internal legislation of Spain. Such deductions deduction shall not, however, exceed that part of the tax on incomeincome tax, as computed before the deduction is given, which is attributable, as the case may be, to the income which may be taxed in Malaysia.Jamaica; (b) Where, Where in accordance with any provision of the Agreement, Convention income derived by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income. 3. For In case the credit method is applied in the elimination of double taxation and for the purpose of paragraph 2 of this Article, allowance as a credit in Spain the income tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 Jamaica shall be deemed to include any amount of the tax which would have is otherwise payable in Jamaica but has been payable as Malaysian tax for any year but for an exemption reduced or a reduction of tax granted for that year or any part thereof as a result of the application of the provisions of waived by Jamaica under the following Malaysian laws, as amended: i) Section 11 – Export Industry Xxxxxxxxxxxxx Xxx, 0000; ii) Xxxxxxx 0, 00 – Xxxxxx (aXxxxxxxxxx) Xxx, 0000; iii) Section 36D of the Income Tax Xxx Xxx, 0000; and (b) the Promotion of Investments Xxx 0000, so far as the sections of those laws have not been modified since the date of signature of this Agreement or have been modified only in minor respects so as not to affect their general character; iv) Sections 9, 10, 11, 12 – Industrial Incentives Act, 1956; v) Section 12 – Industrial Incentives (cFactory Xxxxxxxxxxxx) any other provisions which may subsequently be made granting an exemption or reduction of tax which is agreed by the competent authorities of the Contracting States.Xxx, 0000; 4vi) Sections 9, 10, 11, 12 – Petroleum Refining Industry (Encouragement) Xxx, 0000; vii) Sections 7, 8 – Resort Cottages (Incentives) Act, 1971. The provisions of this paragraph 3 shall only apply for the first a period of 10 years from after the date on which this Agreement Convention enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. 1. Subject The laws in force in either of the Contracting States will continue to govern the taxation of income and capital in the respective Contracting States except where express provisions to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable contrary are made in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of incomeConvention. 2. In SpainIndia, double taxation shall will be avoided following either the provisions of its internal legislation or in the following provisionsmanner: (a) Where a resident of Spain India derives income or owns capital which, in accordance with the provisions of this AgreementConvention, may be taxed in Malaysia, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, India shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income-tax paid in Malaysia;Spain, whether directly or by deduction; and (ii) as a deduction from the deduction tax on the capital of that resident, an amount equal to the underlying corporation capital tax shall be given paid in accordance with the internal legislation of Spain. Such deductions deduction in either case shall not, however, exceed that part of the income-tax on incomeor capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in MalaysiaSpain. (b) WhereWhere a resident of India derives income or owns capital which in accordance with the provisions of this Convention, shall be taxable only in Spain, India may include this income or capital in the tax base but shall allow as a deduction from the income-tax or capital tax, that part of the income-tax or capital tax which is attributable, as the case may be, to the income derived from or the capital owned in Spain. 3. In Spain, subject to the provisions of its internal law, double taxation will be avoided in the following manner: (a) Where a resident of Spain derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in India, Spain shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income-tax paid in India; (ii) as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in India. (b) In the case of a dividend paid by a company which is a resident of India to a company which is a resident of Spain and which holds at least 25 per cent of the capital of the company paying the dividend, the deduction shall take into account [in addition to the deduction provided under sub- paragraph (a)] the income-tax paid in India by the company in respect of the profits out of which such dividend is paid provided that such tax is taken into account in calculating the base of the Spanish tax. Such deduction in either case shall not, however, exceed that part of the income-tax or capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in India. (c) Where in accordance with any provision of the Agreement, Convention income derived or capital owned by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted incomeincome or capital. 34. For the purpose purposes of deduction referred to in paragraph 2 of this Article3, the income term “income-tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 India” shall be deemed to include any amount of tax which would have been payable as Malaysian Indian tax under the laws of India and in accordance with this Convention for any year but for an exemption from, or a reduction of tax granted for that year or any part thereof as a result of the application of the provisions of the following Malaysian lawsunder: (ai) Sections 10(4), 10(15)(iv), 10A, 10B, 32A, 32AB, 80HH, 80HHC and 80-I of the Income Tax Xxx 0000; and Income-tax Act, 1961 (b43 of 1961) the Promotion of Investments Xxx 0000, so far as the sections of those laws they were in force on, and have not been modified since since, the date of the signature of this Agreement Convention, or have been modified only in minor respects so as not to affect their general character;; or (cii) any other provisions provision which may subsequently be made enacted hereafter granting a deduction in computing the taxable income or an exemption or reduction of from tax which is agreed by the competent authorities of the Contracting StatesStates agree to be of a substantially similar character if it has not been modified thereafter or has been modified only in minor respects so as not to affect its general character. 45. The provisions of paragraph 3 4 shall only apply for the first 10 years from for which this Convention is effective but the date this Agreement enters into force. The competent authorities shall of the Contracting States may consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. (1. ) Subject to the laws provisions of Malaysia the law of the United Kingdom regarding the allowance as a credit against Malaysian United Kingdom tax of tax payable in any country other than Malaysia, a territory outside the United Kingdom (which shall not affect the general principle hereof): (a) Spanish tax paid payable under the laws of Spain Spain, and in accordance with this Agreement Convention, whether directly or by deduction, on profits, income or chargeable gains from sources within Spain (excluding, in the case of a resident of Malaysia dividend, tax payable in respect of income derived from Spain the profits out of which the dividend is paid) shall be allowed as a credit against Malaysian any United Kingdom tax payable in respect computed by reference to the same profits, income or chargeable gains by reference to which the Spanish tax is computed. (b) In the case of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia the United Kingdom and which owns not less than controls directly or indirectly at least 10 per cent of the voting shares of power in the company paying the dividend, the credit shall take into account (in addition to any Spanish tax paid creditable under the provisions of sub-paragraph (a) of this paragraph) the Spanish tax payable by that the company in respect of its income the profits out of which the such dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of income. (2. ) In the case of Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisions: (a) Where a resident of Spain derives income which, in accordance with the provisions of this AgreementConvention, may be taxed in Malaysiathe United Kingdom, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, Spain shall allow: (i) allow as a deduction from the tax on the income of that resident, person an amount equal to the tax paid in Malaysia; (ii) the United Kingdom; such deduction of the underlying corporation tax shall be given in accordance with the internal legislation of Spain. Such deductions shall not, however, exceed that part of the tax on incometax, as computed before the deduction is given, which is attributable, appropriate to the income which may derived from the United Kingdom. The tax paid in the United Kingdom shall also be taxed allowed as a deduction against the corresponding Spanish prepayment taxes, in Malaysiaaccordance with the provisions of this paragraph. (b) WhereWhere the profits of a company which is a resident of Spain include dividends from a company which is a resident of the United Kingdom, the first-mentioned company shall be entitled to the same relief as would have been applicable if both companies were residents of Spain. (c) In the case of a dividend paid by a company which is a resident of the United Kingdom to a company which is a resident of Spain, in respect of which, in accordance with any provision the provisions of sub-paragraph (c) of paragraph (3) of Article 10, the Agreementlast-mentioned company is not entitled to the tax credit referred to in sub-paragraph (b) of that paragraph, income derived by a resident such dividend shall, for the purposes of Spain is exempt from this paragraph, be deemed to have borne United Kingdom tax in Spain, Spain may nevertheless, in calculating the of an amount equal to fifteen eighty-fifths of tax on the remaining income of such resident, take into account the exempted incomethat dividend. (3. ) For the purpose purposes of paragraph 2 (1) of this Article, the income term "Spanish tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 payable" shall be deemed to include any amount of tax which would have been payable as Malaysian Spanish tax for any year but for an exemption or a reduction of tax granted for that year or any part thereof as a result of the application of the provisions of the following Malaysian lawsunder: (a) Paragraph (2) A of Article 20 or Article 31 of the Income Tax Xxx 0000; and (b) the Promotion Decree 3357/67 of Investments Xxx 000023 December 1967, so far as the sections of those laws they were in force and have not been modified since the date of signature of this Agreement Convention or have been modified only in minor respects so as not to affect their general character;; or (cb) any Any other provisions provision which may subsequently be made granting an exemption or reduction of tax which is agreed by the competent authorities of the Contracting States.States to be of a substantially similar character, if it has not been modified thereafter or has been modified only in minor respects so as not to affect its general character. Provided that: 4. The (i) In determining the "amount which would have been payable as Spanish tax" referred to in this paragraph, the provisions of paragraph (2) of Article 11 and paragraph 3 shall only apply for the first 10 years from the date this Agreement enters into force. The competent authorities shall consult each other in order to determine whether this period (2) of Article 12 shall be extended.taken into account; and

ELIMINATION OF DOUBLE TAXATION. 1. Subject to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of income. 2. In Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisionsprovisions in accordance with the internal legislation of Spain: (a) Where a resident of Spain derives income which, in accordance with the provisions of this Agreement, may be taxed in MalaysiaSingapore, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, Spain shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in MalaysiaSingapore; (ii) the deduction of the underlying corporation tax shall be given in accordance with the internal legislation of Spain. Such deductions deduction shall not, however, exceed that part of the tax on incomeincome tax, as computed before the deduction is given, which is attributable, attributable to the income which may be taxed in MalaysiaSingapore. (b) Where, Where in accordance with any provision of the Agreement, Agreement income derived by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income. 32. For the purpose of paragraph 2 of this ArticleIn Singapore, the income tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 double taxation shall be deemed to include any amount of tax which would have been payable avoided as Malaysian tax for any year but for an exemption or a reduction of tax granted for that year or any part thereof as a result of the application of the provisions of the following Malaysian lawsfollows: (a) Where a resident of Singapore derives income from Spain which, in accordance with the Income Tax Xxx 0000; andprovisions of this Agreement, may be taxed in Spain, Singapore shall, subject to its laws regarding the allowance as a credit against Singapore tax of tax payable in any country other than Singapore, allow the Spanish tax paid, whether directly or by deduction, as a credit against the Singapore tax payable on the income of that resident. (b) Where such income is a dividend paid by a company which is a resident of Spain to a resident of Singapore which is a company owning directly or indirectly not less than 10 per cent of the Promotion share capital of Investments Xxx 0000the first-mentioned company, so far as the sections credit shall take into account the Spanish tax paid by that company on the portion of those laws have not been modified since its profits out of which the date of signature of this Agreement or have been modified only in minor respects so as not to affect their general character;dividend is paid. (c) any other provisions which may subsequently be made granting an Where a resident of Singapore derives income from Spain, Singapore shall, subject to the conditions of exemption or reduction of tax which is agreed by the competent authorities for income received from outside Singapore provided for in Sections 13(7A), 13(8) and 13(12) of the Contracting States. 4Singapore Income Tax Act (Chapter 134)(revised edition 2008) being satisfied, exempt such income from tax in Singapore. The provisions of paragraph 3 shall only apply for the first 10 years from the date this Agreement enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.CHAPTER V SPECIAL PROVISIONS

ELIMINATION OF DOUBLE TAXATION. 1. Subject to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of income. 2. In Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisionsprovisions in accordance with the internal legislation of Spain: (a) Where a resident of Spain derives income or owns elements of capital which, in accordance with the provisions of this AgreementConvention, may be taxed in Malaysiathe United Arab Emirates, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, Spain shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Malaysiathe United Arab Emirates; (ii) as a deduction from the tax on the capital of that resident, an amount equal to the tax paid in the United Arab Emirates on the same elements of capital; iii) the deduction of the underlying corporation tax shall be given in accordance with the internal legislation of Spain. Such deductions deduction shall not, however, exceed that part of the income tax on incomeor capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the same elements of capital which may be taxed in Malaysiathe United Arab Emirates. (b) Where, Where in accordance with any provision of the Agreement, Convention income derived or capital owned by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted incomeincome or capital. 32. For In the purpose United Arab Emirates, double taxation shall be avoided as follows: Where a resident of paragraph 2 the United Arab Emirates derives income or owns capital which, in accordance with the provisions of this ArticleConvention, may be taxed in Spain, the United Arab Emirates shall allow: a) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 shall be deemed to include any amount of tax which would have been payable as Malaysian tax for any year but for an exemption or a reduction of tax granted for that year or any part thereof Spain; b) as a result deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in Spain. Such deduction in either case shall not, however, exceed that part of the application of income tax or capital tax, as computed before the provisions of the following Malaysian laws: (a) the Income Tax Xxx 0000; and (b) the Promotion of Investments Xxx 0000deduction is given, so far which is attributable, as the sections of those laws have not been modified since case may be, to the date of signature of this Agreement income or have been modified only in minor respects so as not to affect their general character; (c) any other provisions the capital which may subsequently be made granting an exemption or reduction of tax which is agreed by taxed in the competent authorities of the Contracting States. 4Spain. The provisions of paragraph 3 shall only apply for the first 10 years from the date this Agreement enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.Chapter VI Special Provisions

ELIMINATION OF DOUBLE TAXATION. 1. Subject to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of income. 2. In Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisionsprovisions in accordance with the internal legislation of Spain: (a) Where a resident of Spain derives income or owns elements of capital which, in accordance with the provisions of this AgreementConvention, may be taxed in Malaysiathe United Arab Emirates, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, Spain shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Malaysiathe United Arab Emirates; (ii) as a deduction from the tax on the capital of that resident, an amount equal to the tax paid in the United Arab Emirates on the same elements of capital; iii) the deduction of the underlying corporation tax shall be given in accordance with the internal legislation of Spain. Such deductions deduction shall not, however, exceed that part of the income tax on incomeor capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the same elements of capital which may be taxed in Malaysiathe United Arab Emirates. (b) Where, Where in accordance with any provision of the Agreement, Convention income derived or capital owned by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted incomeincome or capital. 32. For In the purpose United Arab Emirates, double taxation shall be avoided as follows: Where a resident of paragraph 2 the United Arab Emirates derives income or owns capital which, in accordance with the provisions of this ArticleConvention, may be taxed in Spain, the United Arab Emirates shall allow: a) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 shall be deemed to include any amount of tax which would have been payable as Malaysian tax for any year but for an exemption or a reduction of tax granted for that year or any part thereof Spain; b) as a result deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in Spain. Such deduction in either case shall not, however, exceed that part of the application of income tax or capital tax, as computed before the provisions of the following Malaysian laws: (a) the Income Tax Xxx 0000; and (b) the Promotion of Investments Xxx 0000deduction is given, so far which is attributable, as the sections of those laws have not been modified since case may be, to the date of signature of this Agreement income or have been modified only in minor respects so as not to affect their general character; (c) any other provisions the capital which may subsequently be made granting an exemption or reduction of tax which is agreed by taxed in the competent authorities of the Contracting StatesSpain. 4. The provisions of paragraph 3 shall only apply for the first 10 years from the date this Agreement enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. 1. Subject to Where a resident of Indonesia derives income from Spain and such income may be taxed in Spain in accordance with the laws provisions of Malaysia regarding this Agreement, the allowance as a credit against Malaysian tax amount of Spanish tax payable in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of the income derived from Spain shall be allowed as a credit against Malaysian the Indonesian tax payable in respect of imposed on that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paidresident. The credit shall notamount of credit, however, shall not exceed that part of the Malaysian tax, as computed before the credit is given, Indonesian tax which is appropriate to such item of income. 2. In Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisions: (a) Where a resident of Spain derives income or owns capital which, in accordance with the provisions of this Agreement, may be taxed in MalaysiaIndonesia, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, Spain shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid pad in MalaysiaIndonesia; (ii) as a deduction from the deduction tax on the capital of that resident, an amount equal to the underlying corporation capital tax shall be given pad in accordance with the internal legislation of SpainIndonesia. Such deductions deduction in either case shall not, however, exceed that part of the income tax on incomeor capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in MalaysiaIndonesia. (b) WhereIn the case of a dividend paid by a company which is a resident of Indonesia to a company which is a resident of Spain and which holds directly at least 25% of the capital of the company paying the dividend, in the computation of the credit there shall be taken into account, in addition to the tax creditable under subparagraph (a) of this paragraph, that part of the tax effectively paid by the first- mentioned company on the profits out of which the dividend is paid which relates to such dividend, provided that such amount of tax is included, for this purpose, in the taxable base of the receiving company. Such deduction, together with the deduction allowable in respect of the dividend under subparagraph (a) of this paragraph, shall not exceed that part of the income tax, as computed before the deduction is given, which is attributable to the income subject to tax in Indonesia. (c) Where in accordance with any provision of the Agreement, Agreement income derived or capital owned by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted incomeincome or capital. 3. For the purpose of paragraph 2 of this Article, the income tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 shall be deemed to include any amount of tax which would have been payable as Malaysian tax for any year but for an exemption or a reduction of tax granted for that year or any part thereof as a result of the application of the provisions of the following Malaysian laws: (a) the Income Tax Xxx 0000; and (b) the Promotion of Investments Xxx 0000, so far as the sections of those laws have not been modified since the date of signature of this Agreement or have been modified only in minor respects so as not to affect their general character; (c) any other provisions which may subsequently be made granting an exemption or reduction of tax which is agreed by the competent authorities of the Contracting States. 4. The provisions of paragraph 3 shall only apply for the first 10 years from the date this Agreement enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. 1. Subject to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of income. 2. 1 - In Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisionsprovisions in accordance with the internal legislation of Spain: (a) a - Where a resident of Spain derives income which, in accordance with the provisions of this Agreement, may be taxed in Malaysiathe Sultanate of Oman, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, Spain shall allow: (i) : i - as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Malaysia; (ii) the Sultanate of Oman; ii - the deduction of the underlying corporation tax shall be given in accordance with the internal legislation of Spain. Such deductions deduction shall not, however, exceed that part of the tax on incomeincome tax, as computed before the deduction is given, which is attributable, as the case may be, to the income which may be taxed in Malaysiathe Sultanate of Oman. (b) Where, b - Where in accordance with any provision of the Agreement, Agreement income derived by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income. 3. For 2 - In the purpose Sultanate of paragraph 2 Oman, double taxation shall be eliminated as follows: a - Where a resident of the Sultanate of Oman derives income which, in accordance with the provisions of this ArticleAgreement, may be taxed in Spain, the Sultanate of Oman shall allow as a deduction from the tax on the income of that resident an amount equal to the income tax paid in Malaysia Spain. Such deduction shall not, however, exceed that part of the income tax (as computed before the deduction is given) which is attributable to the income which may be taxed in Spain. b - Where, in accordance with any provision of this Agreement, income derived by a resident of Spain the Sultanate of Oman is exempt from tax in respect the Sultanate of business profits according to Article 7 shall be deemed to include any Oman, the Sultanate of Oman may nevertheless, in calculating the amount of tax which would have been payable as Malaysian tax for any year but for an exemption or a reduction on the remaining income of tax granted for that year or any part thereof as a result of such resident, take into account the application of the provisions of the following Malaysian laws: (a) the Income Tax Xxx 0000; and (b) the Promotion of Investments Xxx 0000, so far as the sections of those laws have not been modified since the date of signature of this Agreement or have been modified only in minor respects so as not to affect their general character; (c) any other provisions which may subsequently be made granting an exemption or reduction of tax which is agreed by the competent authorities of the Contracting Statesexempted income. 4. The provisions of paragraph 3 shall only apply for the first 10 years from the date this Agreement enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. 1. Subject to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of income. 2. In Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisionsprovisions in accordance with the internal legislation of Spain: (a) Where where a resident of Spain derives income which, in accordance with the provisions of this AgreementConvention, may be taxed in MalaysiaBarbados, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, Spain shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in MalaysiaBarbados; (ii) the deduction of the underlying corporation tax shall be given in accordance with the internal legislation of Spain. Such deductions deduction shall not, however, exceed that part of the tax on incomeincome tax, as computed before the deduction is given, which is attributable, as the case may be, to the income which may be taxed in Malaysia.Barbados; (b) Where, where in accordance with any provision of the Agreement, Convention income derived by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income. 32. For In the purpose case of paragraph 2 of this ArticleBarbados, the income tax paid in Malaysia by a resident of Spain in respect of business profits according subject to Article 7 shall be deemed to include any amount of tax which would have been payable as Malaysian tax for any year but for an exemption or a reduction of tax granted for that year or any part thereof as a result of the application of the provisions of the following Malaysian lawslaws of Barbados regarding the allowance as a credit against Barbados tax of tax payable in a territory outside Barbados double taxation shall be eliminated as follows: (a) tax payable under the Income Tax Xxx 0000laws of Spain and in accordance with the Convention, whether directly or by deduction, on profits or income from sources within Spain (excluding, in the case of a dividend tax payable in respect of the profits out of which the dividend is paid), shall be allowed as a credit against any Barbados tax computed by reference to the same profits or income in respect of which the Spain tax is computed; (b) in the case of a dividend paid by a company that is a resident of Spain to a company that is a resident of Barbados and which holds directly at least 10 percent of the capital of the company paying the dividend, the credit referred to in sub-paragraph (a) shall take into account the Spanish tax payable by the company paying the dividend in respect of the profits out of which such dividend is paid; and (bc) the Promotion credit, however, shall in no case exceed the part of Investments Xxx 0000the tax, so far as computed before the sections of those laws have not been modified since credit is given, which is appropriate to the date of signature of this Agreement or have been modified only in minor respects so as not to affect their general character; (c) any other provisions income which may subsequently be made granting an exemption or reduction of tax which is agreed by the competent authorities of the Contracting Statestaxed in Spain. 4. The provisions of paragraph 3 shall only apply for the first 10 years from the date this Agreement enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. 1. Subject to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of income. 2. 1.- In Spain, double taxation shall will be avoided following either the provisions of its internal legislation or in the following provisionsmanner: (a) Where a resident of Spain derives income or owns capital which, in accordance with the provisions of this AgreementConvention, may be taxed in Malaysiathe Hungarian People's Republic, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, Spain shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Malaysia;the Hungarian People's Republic, (ii) as a deduction from the deduction tax on the capital of that resident, an amount equal to the underlying corporation capital tax shall be given paid in accordance with the internal legislation of Spainthat other State. Such deductions deduction in either case shall not, however, exceed that part of the income tax on incomeor capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in Malaysiathe Hungarian People's Republic. (b) Where, Where in accordance with any provision of the Agreement, Convention income derived or capital owned by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted incomeincome or capital. 32. For In the purpose Hungarian People's Republic, the double taxation will be avoided in the following manner: (i) Where a resident of paragraph 2 the Hungarian People's Republic derives income or owns capital which, in accordance with the provisions of this ArticleConvention may be taxed in Spain the Hungarian People's Republic shall, subject to the provisions of subparagraphs (ii) and (iii), exempt such income or capital from tax. (ii) Where a resident of the Hungarian People's Republic derives items of income which, in accordance with the provisions of Article 10, may be taxed in Spain, the Hungarian People's Republic shall allow as a deduction from the tax on the income of that resident an amount equal to the tax paid in Malaysia Spain. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given which is attributable to such items of income derived from Spain. (iii) Where in accordance with any provision of the Convention income derived or capital owned by a resident of Spain the Hungarian People's Republic is exempt from tax in respect of business profits according to Article 7 shall be deemed to include any the Hungarian People's Republic, the Hungarian People's Republic may nevertheless, in calculating the amount of tax which would have been payable as Malaysian tax for any year but for an exemption on the remaining income or a reduction capital of tax granted for that year such resident, take into account the exempted income or any part thereof as a result of the application of the provisions of the following Malaysian laws: (a) the Income Tax Xxx 0000; and (b) the Promotion of Investments Xxx 0000, so far as the sections of those laws have not been modified since the date of signature of this Agreement or have been modified only in minor respects so as not to affect their general character; (c) any other provisions which may subsequently be made granting an exemption or reduction of tax which is agreed by the competent authorities of the Contracting Statescapital. 4. The provisions of paragraph 3 shall only apply for the first 10 years from the date this Agreement enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. 1. Subject to In the laws case of Malaysia regarding the allowance as Kuwait, where a credit against Malaysian tax resident of tax payable in any country other than MalaysiaKuwait derives income or owns capital which, the Spanish tax paid under the laws of Spain and in accordance with the provisions of this Agreement by a resident of Malaysia Convention, may be taxed in respect of income derived from Spain both Kuwait and Spain, Kuwait shall be allowed allow as a credit against Malaysian deduction from the tax payable in respect on the income of that income. Where such resident, an amount equal to the income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by in Spain and as a deduction from the tax on the capital of that company resident an amount equal to the capital tax paid in respect of its income out of which the dividend is paidSpain. The credit Such deduction in either case shall not, however, exceed that part of the Malaysian taxtax on income or on capital, as computed before the credit deduction is given, which is appropriate attributable, as the case may be, to such item of incomethe income or the capital which may be taxed in Spain. 2. In the case of Spain, double taxation shall be avoided following either the provisions of its internal legislation or the following provisionsprovisions in accordance with the internal legislation of Spain: (a) Where a resident of Spain derives income or owns elements of capital which, in accordance with the provisions of this AgreementConvention, may be taxed in MalaysiaKuwait, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, Spain shall allow: (i1) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in MalaysiaKuwait; (ii2) as a deduction from the tax on the capital of that resident, an amount equal to the tax paid in Kuwait on the same elements of capital; (3) the deduction of the underlying corporation tax shall be given in accordance with the internal legislation of Spain. Such deductions deduction shall not, however, exceed that part of the income tax on incomeor capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the same elements of capital which may be taxed in MalaysiaKuwait. (b) Where, Where in accordance with any provision of the Agreement, Convention income derived or capital owned by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted incomeincome or capital. 3. For the purpose c) Spain will only eliminate double taxation of paragraph 2 of this Article, the income tax Zakat paid in Malaysia by a resident in Spain when its effective payment to the Kuwait Zakat House or Tax Authority can be documentarily proved. To these effects, the double taxation will be correspondingly eliminated upon production of Spain in respect of business profits according to Article 7 shall be deemed to include any amount of tax which would have been payable as Malaysian tax for any year but for an exemption or a reduction of tax granted for that year or any part thereof as a result of certificate stating the application of the provisions of the following Malaysian laws: (a) the Income Tax Xxx 0000; and (b) the Promotion of Investments Xxx 0000foregoing, so far as the sections of those laws have not been modified since the date of signature of this Agreement or have been modified only in minor respects so as not to affect their general character; (c) any other provisions which may subsequently be made granting an exemption or reduction of tax which is agreed issued by the competent authorities Ministry of the Contracting StatesFinance of Kuwait. 4. The provisions of paragraph 3 shall only apply for the first 10 years from the date this Agreement enters into force. The competent authorities shall consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. 1. Subject The laws in force in either of the Contracting States will continue to govern the taxation of income and capital in the respective Contracting States except where express provisions to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable contrary are made in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of incomeConvention. 2. In SpainIndia, double taxation shall will be avoided following either the provisions of its internal legislation or in the following provisionsmanner : (a) Where a resident of Spain India derives income or owns capital which, in accordance with the provisions of this AgreementConvention, may be taxed in Malaysia, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, India shall allowallow : (ii ) as a deduction from the tax on the income of that resident, an amount equal to the income-tax paid in Malaysia;Spain, whether directly or by deduction; and (iiii ) as a deduction from the deduction tax on the capital of that resident, an amount equal to the underlying corporation capital tax shall be given paid in accordance with the internal legislation of Spain. Such deductions deduction in either case shall not, however, exceed that part of the income-tax on incomeor capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in MalaysiaSpain. (b) WhereWhere a resident of India derives income or owns capital which in accordance with the provisions of this Convention, shall be taxable only in Spain, India may include this income or capital in the tax base but shall allow as a deduction from the income-tax or capital tax, that part of the income-tax or capital tax which is attributable, as the case may be, to the income derived from or the capital owned in Spain. 3. In Spain, subject to the provisions of its internal law, double taxation will be avoided in the following manner : (a) Where a resident of Spain derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in India, Spain shall allow : (i ) as a deduction from the tax on the income of that resident, an amount equal to the income-tax paid in India; (ii ) as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in India. (b) In the case of a dividend paid by a company which is a resident of India to a company which is a resident of Spain and which holds at least 25 per cent of the capital of the company paying the dividend, the deduction shall take into account [in addition to the deduction provided under sub-paragraph (a)] the income-tax paid in India by the company in respect of the profits out of which such dividend is paid provided that such tax is taken into account in calculating the base of the Spanish tax. Such deduction in either case shall not, however, exceed that part of the income-tax or capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in India. (c) Where in accordance with any provision of the Agreement, Convention income derived or capital owned by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted incomeincome or capital. 34. For the purpose purposes of deduction referred to in paragraph 2 of this Article3, the income term "income-tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 India" shall be deemed to include any amount of tax which would have been payable as Malaysian Indian tax under the laws of India and in accordance with this Convention for any year but for an exemption from, or a reduction of of, tax granted for that year or any part thereof as a result of the application of the provisions of the following Malaysian lawsunder : (ai) Sections 10( 4), 10(15)( iv), 00X, 00X, 00X, 00XX, 00XX, 00XXX and 80-I of the Income Tax Xxx 0000; and Income-tax Act, 1961 (b43 of 1961) the Promotion of Investments Xxx 0000, so far as the sections of those laws they were in force on, and have not been modified since since, the date of the signature of this Agreement Convention, or have been modified only in minor respects so as not to affect their general character;; or (cii) any other provisions which may subsequently be made enacted hereafter granting a deduction in computing the taxable income or an exemption or reduction of from tax which is agreed by the competent authorities of the Contracting StatesStates agree to be of a substantially similar character if it has not been modified thereafter or has been modified only in minor respects so as not to affect its general character. 45. The provisions of paragraph 3 4 shall only apply for the first 10 years from for which this Convention is effective but the date this Agreement enters into force. The competent authorities shall of the Contracting States may consult each other in order to determine whether this period shall be extended.

ELIMINATION OF DOUBLE TAXATION. 1. Subject The laws in force in either of the Contracting States will continue to govern the taxation of income and capital in the respective Contracting States except where express provisions to the laws of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable contrary are made in any country other than Malaysia, the Spanish tax paid under the laws of Spain and in accordance with this Agreement by a resident of Malaysia in respect of income derived from Spain shall be allowed as a credit against Malaysian tax payable in respect of that income. Where such income is a dividend paid by a company which is a resident of Spain to a company which is a resident of Malaysia and which owns not less than 10 per cent of the voting shares of the company paying the dividend, the credit shall take into account Spanish tax paid by that company in respect of its income out of which the dividend is paid. The credit shall not, however, exceed that part of the Malaysian tax, as computed before the credit is given, which is appropriate to such item of incomeConvention. 2. In SpainIndia, double taxation shall will be avoided following either the provisions of its internal legislation or in the following provisionsmanner: (a) a. Where a resident of Spain India derives income or owns capital which, in accordance with the provisions of this AgreementConvention, may be taxed in Malaysia, Spain, subject to the provisions of its internal legislation regarding the allowance as a credit against Spanish tax of a foreign tax, India shall allow: (i) i. as a deduction from the tax on the income of that resident, an amount equal to the income-tax paid in Malaysia;Spain, whether directly or by deduction; and (ii) . as a deduction from the deduction tax on the capital of that resident, an amount equal to the underlying corporation capital tax shall be given paid in accordance with the internal legislation of Spain. Such deductions deduction in either case shall not, however, exceed that part of the income-tax on incomeor capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in MalaysiaSpain. b. Where a resident of India derives income or owns capital which in accordance with the provisions of this Convention, shall be taxable only in Spain, India may include this income or capital in the tax base but shall allow as a deduction from the income-tax or capital tax, that part of the income-tax or capital tax which is attributable, as the case may be, to the income derived from or the capital owned in Spain. 3. In Spain, subject to the provisions of its internal law, double taxation will be avoided in the following manner: a. Where a resident of Spain derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in India, Spain shall allow: i. as a deduction-from the tax on the income of that resident, an amount equal to the income-tax paid in India; ii. as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in India. b. In the case of a dividend paid by a company which is a resident of India to a company which is a resident of Spain and which holds at least 25 per cent of the capital of the company paying the dividend, the deduction shall take into account [in addition to the deduction provided under sub-paragraph (b) Wherea)] the income-tax paid in India by the company in respect of the profits out of which such dividend is paid provided that such tax is taken into account in calculating the base of the Spanish tax. Such deduction in either case shall not, however, exceed that part of the income-tax or capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in India. c. Where in accordance with any provision of the Agreement, Convention income derived or capital owned by a resident of Spain is exempt from tax in Spain, Spain may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted incomeincome or capital. 34. For the purpose purposes of deduction referred to in paragraph 2 of this Article3, the income term " income-tax paid in Malaysia by a resident of Spain in respect of business profits according to Article 7 India " shall be deemed to include any amount of tax which would have been payable as Malaysian Indian tax under the laws of India and in accordance with this Convention for any year but for an exemption from, or a reduction of of, tax granted for that year or any part thereof as a result under: i. Sections 10(4), 10(15)(iv), 00X, 00X, 00X, 00XX, 00XX, 00XXX and 80-I of the application Income- tax Act, 1961 (43 of the provisions of the following Malaysian laws: (a1961) the Income Tax Xxx 0000; and (b) the Promotion of Investments Xxx 0000, so far as the sections of those laws they were in force on, and have not been modified since since, the date of the signature of this Agreement Convention, or have been modified only in minor respects so as not to affect their general character;; or (c) ii. any other provisions provision which may subsequently be made enacted hereafter granting a deduction in computing the taxable income or an exemption or reduction of from tax which is agreed by the competent authorities of the Contracting StatesStates agree to be of a substantially similar character if it has not been modified thereafter or has been modified only in minor respects so as not to affect its general character. 45. The provisions of paragraph 3 4 shall only apply for the first 10 years from for which this Convention is effective but the date this Agreement enters into force. The competent authorities shall of the Contracting States may consult each other in order to determine whether this period shall be extended.