INCOME TAX TREATY
(As Amended by 1998 Protocol)
CONVENTION BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF CANADA
FOR
THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON
INCOME
CHAPTER I
SCOPE OF THE CONVENTION
Article 1
PERSONAL SCOPE
Article 2
TAXES COVERED
1. |
This Convention shall apply to taxes on income imposed on behalf of each Contracting State, |
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2. |
There shall be regarded as taxes on income all taxes imposed on total income, or on elements of |
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3. |
The existing taxes to which the Convention shall apply are, in particular : |
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(a) |
in the case of Indonesia :
(hereinafter referred to as “Indonesian tax”).
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(b) |
in the case of Canada : |
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4. |
The Convention shall also apply to any identical or substantially similar taxes on income which |
CHAPTER II
DEFINITIONS
Article 3
GENERAL DEFINITIONS
1. |
In this Convention, unless the context otherwise requires : |
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(a) | (i) |
the term “Canada”, used in a geographical sense, means the territory of Canada, including: |
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(ii) |
the term “Indonesia” comprises the territory of the Republic of Indonesia as defined in its laws |
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(b) |
the terms “a Contracting State” and “the other Contracting State” mean, as the context requires, |
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(c) |
the term “person” includes an individual, a company, a partnership, an estate, a trust or any |
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(d) |
the term “company” means any body corporate or any other entity which is treated as a body |
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(e) |
the terms “enterprise of a Contracting State” and “enterprise of the other Contracting State” mean |
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(f) |
the term “competent authority” means: |
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(i) |
in the case of Canada, the Minister of National Revenue or his duly authorized representative; |
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(ii) |
in the case of Indonesia, the Minister of Finance or his duly authorized representative; |
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(g) |
the term “tax” means Canadian or Indonesian tax, as the context requires; |
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(h) |
the term “national” means: |
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(i) |
any individual possessing the nationality of a Contracting State; |
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(ii) |
any legal person, partnership and association deriving its status as such from the law in force in |
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(i) |
the term “international traffic” means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except where the operation of the ship or aircraft is solely between places in the other Contracting State. |
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2. |
As regards the application of the Convention by a Contracting State any term not otherwise defined |
Article 4
FISCAL DOMICILE
1. |
For the purposes of this Convention, the term “resident of a Contracting State” means: |
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(a) |
any person who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature; and |
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(b) |
the Government of that Contracting State or a political subdivision or local authority thereof or any agency or instrumentality of any such government, subdivision or authority. |
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However, the term does not include a permanent establishment within the meaning of subparagraph c. of paragraph (3) of Article 2 of the Indonesian Law Number 7 of 1983 concerning income tax as amended. |
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2. |
Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting |
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(a) |
he shall be deemed to be a resident of the Contracting State in which he has a permanent home |
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(b) |
if the Contracting State in which he has his centre of vital interests cannot be determined or if |
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(c) |
if he has an habitual abode in both Contracting States or in neither of them, he shall be deemed |
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(d) |
if he is a national of both Contracting States or of neither of them, the competent authorities of |
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3. |
Where by reason of the provisions of paragraph 1 a person other than an individual is a resident |
Article 5
PERMANENT ESTABLISHMENT
1. |
For the purposes of this Convention, the term “permanent establishment” means a fixed place of |
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2. |
The term “permanent Establishment” shall include especially : |
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(a) | a place of management; | |
(b) | a branch; | |
(c) | an office; | |
(d) | a factory; | |
(e) | a workshop; | |
(f) |
a mine, an oil well, a quarry or any other place of extraction of natural resources; |
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(g) | a farm or a plantation; | |
(h) |
a building site, a construction, installation or assembly project or supervisory activities in |
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(i) |
the furnishing of services, including consultancy services, by an enterprise through an employee |
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3. |
The term “permanent establishment “shall not be deemed to include : |
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(a) |
the use of facilities solely for the purpose of storage or display of goods or merchandise |
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(b) |
the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the |
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(c) |
the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the |
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(d) |
the maintenance of a fixed place of business solely for the purpose of purchasing goods or |
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(e) |
the maintenance of a fixed place of business solely for the purpose of advertising, for the supply |
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4. |
A person — other than an agent of independent status to whom paragraph 6 applies — acting in a |
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(a) |
he has, and habitually exercises in that State, an authority to conclude contracts in the name of |
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(b) |
he maintains in the first-mentioned State a stock of goods or merchandise belonging to the |
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5. |
An insurance enterprise of a Contracting State shall, except with regard to reinsurance, be deemed |
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6. |
An enterprise of a Contracting State shall not be deemed to have a permanent establishment in the |
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7. |
The fact that a company which is a resident of a Contracting State controls or is controlled by a |
CHAPTER III
TAXATION OF INCOME
Article 6
INCOME FROM IMMOVABLE PROPERTY
1. |
Income from immovable property including income from agriculture or forestry may be taxed in the |
2. |
For the purposes of this Convention, the term “immovable property” shall be defined in accordance |
3. |
The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use |
4. |
The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an |
Article 7
BUSINESS PROFITS
1. |
The profits of an enterprise of a Contracting State shall be taxable only in that State unless the |
2. |
Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on |
3. |
In the determination of the profits of a permanent establishment, there shall be allowed those |
4. |
Insofar as it has been customary in a Contracting State, according to its law, to determine the profits to be attributed to a permanent establishment on the basis of an apportionment of the total profits of the enterprise to its various parts, nothing in paragraph 2 of this Article shall preclude that Contracting State from determining the profits to be taxed by such an apportionment as may be customary; the method of apportionment adopted shall, however, be such that the result shall be in accordance with the principles laid down in this Article. |
5. |
No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. |
6. |
For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. |
7. |
Where profits include items of income which are dealt with separately in other Articles of this Convention, then, the provisions of those Articles shall not be affected by the provisions of this Article. |
Article 8
SHIPPING AND AIR TRANSPORT
1. |
Profits derived by an enterprise from the operation of ships or aircraft in international traffic |
2. |
Notwithstanding the provisions of paragraph 1 and of Article 7, profits derived from the operation |
3. |
The provisions of paragraph 1 shall also apply to profits derived by an enterprise from its participation in a pool, a joint business or in an international operating agency but only to so much of the profits so derived as is allocable to the participant in an international joint venture in proportion to its share in the joint operation. |
Article 9
ASSOCIATED ENTERPRISES
1. | Where : | |
(a) |
an enterprise of a Contracting State participates directly or indirectly in the management, |
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(b) |
the same persons participate directly or indirectly in the management, control or capital of an
and in either case conditions are made or imposed between the two enterprises in their commercial
or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. |
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2. |
A Contracting State shall not change the profits of an enterprise in the circumstances referred to |
Article 10
DIVIDENDS
1. |
Dividends paid by a company which is a resident of a Contracting State to a resident of the other |
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2. |
However, such dividends may also be taxed in the Contracting State of which the company paying the |
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The provisions of this paragraph shall not affect the taxation of the company on the profits out of which the dividends are paid. |
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3. |
The term “dividends” as used in this Article means income from shares, “jouissance” shares or |
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4. |
The provisions of paragraph 2 shall not apply if the recipient of the dividends, being a resident |
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5. |
Where a company is a resident of only one Contracting State, the other Contracting State may not |
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6. |
Where a company which is a resident of a Contracting State has a permanent establishment in the |
Article 11
INTEREST
1. |
Interest arising in a Contracting State and paid to a resident of the other Contracting State may |
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2. |
However, such interest may also be taxed in the Contracting State in which it arises and according |
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3. |
The term “interest” as used in this Article means income from debt-claims of every kind, whether |
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4. |
The provisions of paragraph 2 shall not apply if the recipient of the interest, being a resident |
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5. |
Interest shall be deemed to arise in a Contracting State when the payer is that State itself, a |
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6. |
Where, owing to a special relationship between the payer and the recipient or between both of them |
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7. |
Notwithstanding the provisions of paragraph 2, interest arising in Canada shall be taxable only in |
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(a) |
the government of Indonesia or a political subdivision thereof; |
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(b) |
a statutory body of the government of Canada performing functions of a governmental nature; |
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(c) |
such financial public institution of Indonesia as is specified and agreed in letters exchanged |
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(d) |
an enterprise of Indonesia on loans or credits granted with the participation of a financing |
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8. |
Notwithstanding the provisions of paragraph 2, interest arising in Indonesia shall be taxable only |
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(a) |
the government of Canada or a political subdivision thereof; |
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(b) |
a statutory body of the government of Canada performing functions of a governmental nature; |
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(c) |
the Export Development Corporation; or |
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(d) |
an enterprise of Canada on loans or credit granted with the participation of the Export |
Article 12
ROYALTIES
1. |
Royalties arising in a Contracting State and paid to a resident of the other Contracting State may |
2. |
However, such royalties may also be taxed in the Contracting State in which they arise and |
3. |
The term “royalties” as used in this Article means payments of any kind received as a |
4. |
The provisions of paragraph 2 shall not apply if the recipient of the royalties, being a resident |
5. |
Royalties shall be deemed to arise in a Contracting State when the payer is that State itself, a |
6. |
Where, owing to a special relationship between the payer and the recipient or between both of them |
Article 13
GAINS FROM THE ALIENATION OF PROPERTY
1. |
Gains from the alienation of immovable property may be taxed in the Contracting State in which |
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2. |
Gains from the alienation of movable property forming part of the business property of a permanent |
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3. |
Gains derived by a resident of a Contracting State from the alienation of: |
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may be taxed in that other State.
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For the purposes of this paragraph, the term “immovable property” includes the shares of a company referred to in subparagraph (a) or an interest in a partnership, trust or estate referred to in subparagraph (b). |
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4. |
Gains from the alienation of any property, other than those mentioned in paragraphs 1, 2 and 3 |
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5. |
The provisions of paragraph 4 shall not affect the right of either of the Contracting States to |
Article 14
PROFESSIONAL SERVICES
1. |
Income derived by an individual who is a resident of a Contracting State in respect of |
2. |
The term “professional services” includes especially independent scientific, literary, artistic, |
Article 15
DEPENDENT PERSONAL SERVICES
1. |
Subject to the provisions of Articles 16, 18 and 19, salaries, wages and other similar |
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2. |
Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting |
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(a) |
the remuneration earned in the other Contracting State within the twelve month period does not |
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(b) |
the remuneration is paid by, or on behalf of, an employer who is not a resident of the other |
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3. |
Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an |
Article 16
DIRECTORS’ FEES
member of the board of directors or a similar organ of a company which is a resident of the other
Contracting State, may be taxed in that other State.
Article 17
ARTISTES AND ATHLETES
1. |
Notwithstanding the provisions of Articles 7, 14 and 15, income derived by entertainers, such as |
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2. |
Where income in respect of personal activities as such of an entertainer or athlete accrues not to |
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3. |
The provisions of paragraphs 1 and 2 shall apply : |
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(a) |
to income derived from activities performed in a Contracting State by entertainers or athletes if |
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(b) |
to income derived in a Contracting State by a non-profit organization of the other Contracting |
Article 18
PENSIONS AND ANNUITIES
1. |
Pensions and annuities arising in a Contracting State and paid to a resident of the other |
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2. |
Pensions arising in a Contracting State and paid to a resident of the other Contracting State may |
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3. |
Annuities arising in a Contracting State and paid to a resident of the other Contracting State may |
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4. |
Notwithstanding anything in this Convention : |
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(a) |
pensions and allowances received from Canada under the Pension Act, the Civilian War Pensions and |
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(b) |
pensions and allowances paid by, or out of funds created by Indonesia or a political subdivision |
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(c) |
alimony and other similar payments arising in a Contracting State and paid to a resident of the |
Article 19
GOVERNMENT SERVICE
1. |
Remuneration, other than a pension, paid by a Contracting State or a political subdivision or a |
2. |
The provisions of paragraph 1 shall not apply to the remuneration in respect of services rendered |
Article 20
STUDENTS
the Contracting States, a resident of the other Contracting State and who is present in the
first-mentioned Contracting State solely for the purpose of his education or training receives for the
purpose of his maintenance, education or training, shall not be taxed in that first-mentioned State,
provided that such payments are made to him from sources outside that State.
Article 21
INCOME NOT EXPRESSLY MENTIONED
Items of income of a resident of a Contracting State which are not expressly mentioned in the foregoing
Articles of this Convention shall be taxable only in that Contracting State except that, if such income is
derived from sources within the other Contracting State, it may also be taxed in that other State.
CHAPTER IV
METHODS FOR PREVENTION OF DOUBLE TAXATION
Article 22
ELIMINATION OF DOUBLE TAXATION
1. |
In the case of Canada, double taxation shall be avoided as follows : |
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(a) |
Subject to the existing provisions of the law of Canada regarding the deduction from tax payable |
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(b) |
Subject to the existing provisions of the law of Canada regarding the determination of the exempt |
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(c) |
Where in accordance with any provision of this Convention income derived by a resident of Canada |
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2. |
In the case of Indonesia, double taxation shall be avoided as follows : |
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(a) |
Indonesia, when imposing tax on residents of Indonesia, may include in the basis upon which such |
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(b) |
Subject to the provisions of subparagraph (c), Indonesia shall allow as a deduction from the tax |
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(c) |
Where a resident of Indonesia derives income which, in accordance with paragraph 2 of Article 10, |
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3. |
For the purposes of this Article, profits, income or gains of a resident of a Contracting State |
CHAPTER V
SPECIAL PROVISIONS
Article 23
NON-DISCRIMINATION
1. |
The nationals of a Contracting State shall not be subjected in the other Contracting State to any |
2. |
The taxation on a permanent establishment which an enterprise of a Contracting State has in the |
3. |
Nothing in this Article shall be construed as obliging a Contracting State to grant to residents |
4. |
Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, |
5. |
Nothing in this Article shall be construed so as to prevent Indonesia from limiting to its |
6. |
In this Article, the term “taxation” means taxes which are the subject of this Convention. |
Article 24
MUTUAL AGREEMENT PROCEDURE
1. |
Where a resident of a Contracting State considers that the actions of one or both of the |
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2. |
The competent authority referred to in paragraph 1 shall endeavour, if the objection appears to it |
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3. |
A Contracting State shall not, after the expiry of the time limits provided in its national laws |
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4. |
The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement |
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(a) |
to the same attribution of profits to a resident of a Contracting State and its permanent |
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(b) |
to the same allocation of income between a resident of a Contracting State and any associated |
Article 25
EXCHANGE OF INFORMATION
1. |
The competent authorities of the Contracting States shall exchange such information as is |
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2. |
The exchange of information may be either on a routine basis or on request with reference to |
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3. |
In no case shall the provisions of paragraph 1 be construed so as to impose on one of the |
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(a) |
to carry out administrative measures at variance with the laws or the administrative practice of |
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(b) |
to supply particulars which are not obtainable under the laws or in the normal course of the |
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(c) |
to supply information which would disclose any trade, business, industrial, commercial or |
Article 26
DIPLOMATIC AND CONSULAR OFFICIALS
1. |
Nothing in this Convention shall affect the fiscal privileges of members of diplomatic or consular |
2. |
Notwithstanding Article 4, an individual who is a member of a diplomatic, consular or permanent |
3. |
This Convention shall not apply to International Organizations, to officials or organs thereof and |
Article 27
MISCELLANEOUS RULES
1. |
The provisions of this Convention shall not be construed to restrict in any manner any exclusion, |
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(a) |
by the laws of one of the Contracting States in the determination of the tax imposed by that |
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(b) |
by any other agreement entered into by one of the Contracting States. |
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2. |
The competent authorities of the Contracting States may communicate with each other directly for |
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3. |
The provisions of paragraph 6 of Article 10 shall not affect the provisions contained in any Contracts of Work and Production Sharing Contracts relating to the oil and gas sector or other mining sector negotiated by the Government of Indonesia, its instrumentality, its relevant state oil company or any other entity thereof with a person who is a resident of Canada. |
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4. |
Nothing in the Convention shall be construed as preventing a Contracting State from imposing a tax on amounts included in the income of a resident of that Contracting State with respect to a partnership, trust or controlled foreign affiliate in which the resident has an interest. |
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5. |
The Convention shall not apply to any company, trust or partnership that is a resident of a Contracting State and is beneficially owned or controlled directly or indirectly by one or more persons who are not residents of that State, if the amount of the tax imposed on the income of the company, trust or partnership by that State is substantially lower than the amount that would be imposed by that State if all of the shares of the capital stock of the company or all of the interests in the trust or partnership, as the case may be, were beneficially owned by one or more individuals who were residents of that State. |
CHAPTER VI
FINAL PROVISIONS
Article 28
ENTRY INTO FORCE
1. |
This Convention shall be ratified and the instruments of ratification shall be exchanged at |
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2. |
The Convention shall enter into force upon the exchange of the instruments of ratification and its |
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(a) |
in respect of tax withheld at the source on amounts paid or credited to non-residents on or after |
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(b) |
in respect of other taxes for taxable periods beginning on or after the first day of January in |
Article 29
TERMINATION
This Convention shall continue in effect indefinitely but either Contracting State may, on or
before June 30 in any calendar year after the year 1980, give notice of termination to the other Contracting State and in such event the Convention shall cease to have effect: |
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(a) |
in respect of tax withheld at the source on amounts paid or credited to non-residents on or after |
(b) |
in respect of other taxes for taxable periods beginning on or after the first day of January in |
In witness whereof the undersigned, duly authorized to that effect, have signed this Convention.
Done in duplicate at Jakarta, this sixteenth day of January, 1979, in the English, French and Indonesian
languages, each version being equally authentic.
FOR THE GOVERNMENT OF REPUBLIC OF INDONESIA |
FOR THE GOVERNMENT OF CANADA |