The Double Taxation Relief (Taxes on Income) (Malaysia) Order 1987

Article 5

Article X of the Agreement shall be amended by:

(a) deleting the words “by Act A 98 of 1972” in paragraph (2);

(b) substituting for paragraph (4) the following:

“(4) Interest shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the interest, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the State in which the permanent establishment or fixed base is situated.”

(c) substituting for paragraph (5) the following:

“(5) The provisions of paragraphs (1) and (2) of this Article shall not apply if the recipient of the interest, being a resident of one of the Contracting States, has in the other Contracting State from which the interest is derived a permanent establishment or fixed base with which the indebtedness from which the interest arises is effectively connected. In such case the provisions of Article VI or Article XIVA, as the case may be, shall apply.”