Denmark

Indonesia has established tax treaties with Denmark to prevent double taxation and encourage cross-border investments. See detailed information on Indonesia-Denmark tax treaties below.

CONVENTION BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF THE KINGDOM OF DENMARK

FOR
THE
AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME

Article 1
PERSONAL SCOPE

This Convention shall apply to persons
who are residents of one or both of the Contracting States.

Article 2
TAXES COVERED

  1. This Convention shall apply to
    taxes on income imposed on behalf of each Contracting State or of its political subdivisions or local
    authorities, irrespective of the manner in which they are levied.

  2. There shall be regarded as taxes
    on income all taxes imposed on total income, or on elements of income, including taxes on gains from
    the alienation of movable property and taxes on the total amounts of wages or salaries paid by
    enterprises, as well as taxes on capital appreciation.

  3. The existing taxes to which the
    Convention shall apply are in particular;

    (a)

    In the case of
    Indonesia
    the income tax imposed under the Undang-undang Pajak Penghasilan 1984 (Law No. 7 of 1983) and
    to the extent provided in such income tax law, the company tax imposed under the Ordonansi
    Pajak Perseroan 1925 (State Gazette No. 319 of 1925 as lastly amended by Law No. 8 of 1970)
    and the tax imposed under the Undang-undang Pajak atas Bunga, Dividen dan Royalti 1970 (Law
    No. 10 of 1970);
    (hereinafter referred to as “Indonesian tax”).

    (b)

    In Denmark

    (i)

    the income tax to the
    state (indkomstskatten til staten);

    (ii)

    the municipal income tax
    (den kommunale ind- komstskat);

    (iii)

    the income tax to the
    county municipalities (den amtskommunale indkomstskat);

    (iv)

    the old age pension
    contribution (folkepensionsbidraget);

    (v)

    the seamen’s tax
    (somandsskatten);

    (vi)

    the special income tax
    (den saerlige indkomstskat);

    (vii)

    the church tax
    (kirkeskatten);

    (viii)

    the tax on dividends
    (udbytteskatten);

    (ix)

    the contribution to the
    sickness “per diem” fund (bidrag til dagpengefonden);

    (x)

    taxes imposed under the
    Hydrocarbon Tax Act (skatter i henhold til kulbrinteskatteloven);

    (hereinafter referred to as
    “Danish tax”).
  4. The Convention shall apply also to
    any identical or substantially similar taxes which are imposed after the date of signature of this
    Convention in addition to, or in place of, the existing taxes. The competent authorities of the
    Contracting States shall notify to each other any substantial changes which have been made in their
    respective taxation laws.

Article 3
GENERAL DEFINITIONS

  1. In this Convention, unless the
    context otherwise requires :

    (a)

    the terms “a Contracting
    State” and “the other Contracting State” mean Denmark or Indonesia as the context requires;

    (b)

    the term “Denmark” means
    the Kingdom of Denmark including any area outside the territorial sea of Denmark which in
    accordance with international law has been designated under Danish laws as an area within
    which Denmark may exercise sovereign rights with respect to exploration and exploitation of
    the natural resources of the sea-bed or its subsoil; the term does not comprise the Faroe
    Islands and Greenland;

    (c)

    the term “Indonesia”
    comprises the territory of the Republic of Indonesia as defined in its laws and such parts of
    the continental shelf and adjacent seas, over which the Republic of Indonesia has sovereignty,
    sovereign rights or other rights in accordance with international law;

    (d)

    the term “person”
    comprises an individual, a company and any other body of persons;

    (e)

    the term “company” means
    any body corporate or any entity which is treated as a body corporate for tax purposes;

    (f)

    the term “tax” means
    Danish tax or Indonesian tax as the context requires;

    (g)

    the terms “enterprise of a
    Contracting State” and “enterprise of the other Contracting State” mean, respectively, an
    enterprise carried on by a resident of a Contracting State and an enterprise carried on by the
    other Contracting State;

    (h)

    the term “nationals” means
    :

      (1)

    all individuals possessing
    the nationality of a Contracting State;

    (2)

    all legal persons,
    partnerships and associations deriving their status as such from the law in force in a
    Contracting State;

    (i)

    the term “international
    traffic” means any transport by a ship or aircraft operated by an enterprise of a Contracting
    State, except when the ship or aircraft is operated solely between places in the other
    Contracting State;

    (i)

    the term “competent
    authority” means :

    (1)

    in the case of Denmark,
    the Minister for Inland Revenue, Customs and Excise or his authorized representative;

    (2)

    in the case of Indonesia,
    the Minister of Finance or his authorized representative.

  2. As regards the application of the
    Convention by a Contracting State any term not otherwise defined shall, unless the context otherwise
    requires, have the meaning which it has under the laws of that Contracting State relating to the taxes
    which are the subject of the Convention. 

Article 4
FISCAL DOMICILE

  1. For the purpose of this
    Convention, the term “resident of a Contracting State” means any person who, under the law of that
    State, is liable to taxation therein by reason of his domicile, residence, place of management or any
    other criterion of a similar nature. But this term does not include any person who is liable to tax in
    that Contracting State in respect only of income from sources therein or capital situated in that
    State. 

  2. Where by reason of the provisions
    of paragraph 1 an individual is a resident of both Contracting States, then his status shall be
    determined as follows:

    1. he shall be deemed to be a
      resident of the Contracting State in which he has a permanent home available to him. If he has a
      permanent home available to him in both Contracting States, he shall be deemed to be a resident of
      the Contracting State with which his personal and economic relations are closer (centre of vital
      interests); 

    2. if the Contracting State in
      which he has his centre of vital interests cannot be determined, or if he has not a permanent home
      available to him in either Contracting State, he shall be deemed to be a resident of the
      Contracting State in which he has an habitual abode;

    3. if he has an habitual abode in
      both Contracting States or in neither of them, the competent authorities of the two Contracting
      States shall settle the question by mutual agreement. 

  3. Where by reason of the provisions
    of paragraph 1 a person other than an individual is a resident of both Contracting States, then it
    shall be deemed to be a resident of the Contracting State in which its place of effective management
    is situated. If a place of effective management is considered as situated in both Contracting States,
    the competent authorities of the Contracting States shall settle the question by mutual agreement.

Article 5
PERMANENT ESTABLISHMENT

1.

For the purposes of this
Convention, the term “permanent establishment” means a fixed place of business through which the
business of the enterprise is wholly or partly carried on.

2.

The term “permanent
establishment” shall include especially :

3. (a) a place of management;
(b) a branch;
(c) an office;
(d) a factory;
(e) a workshop;
(f)

a mine, an oil gas well, a
quarry or any other place of extraction of natural resources;

The term “permanent establishment”
likewise encompasses;
  (a)

a building site or
construction project or supervisory activities in connection therewith, where such site, project
or activity continues for a period of more than six months;

(b)

an assembly or installation
project which exists for more than three months;

(c)

the furnishing of services,
including consultancy services, by an enterprise through employees or other personnel engaged by
the enterprise for such purpose, but only where activities of that nature continues (for the same
or a connected project) within the country for a period or periods aggregating more than three
months within any 12-month period.

4.

The term “permanent
establishment” shall be deemed not to include :

(a)

the use of facilities solely
for the purpose of storage or display of goods or merchandise belonging to the enterprise;

(b)

the maintenance of a stock of
goods or merchandise belonging to the enterprise solely for the purpose of storage or display;

(c)

the maintenance of a stock of
goods or merchandise belonging to the enterprise solely for the purpose of processing by another
enterprise;

(d)

the maintenance of a fixed
place of business solely for the purpose of purchasing goods or merchandise, or for collecting
information, for the enterprise;

(e)

the maintenance of a fixed
place of business solely for the purpose of advertising, for the supply of information, for
scientific research or for similar activities which have a preparatory or auxiliary character for
the enterprise.

5.

Notwithstanding, the
provisions of paragraphs 1 and 2, sub-paragraphs (a)-(f), where a person — other than an agent of
an independent status to whom paragraph 6 applies — is acting in a Contracting State on behalf of
an enterprise of the other Contracting State, that enterprise shall be deemed to have a permanent
establishment in the first-mentioned Contracting State in respect of any activities which that
person undertakes for the enterprise, if such a person: 

(a)

has and habitually exercises
in that State an authority to conclude contracts in the name of the enterprise, unless the
activities of such person are limited to those mentioned in paragraph 4 which, if exercised
through a fixed place of business, would not make this fixed place of business a permanent
establishment under the provisions of that paragraph; or

(b)

has not such authority, but
habitually maintains in the first-mentioned State a stock of goods or merchandise from which he
regularly delivers goods or merchandise on behalf of the enterprise.

6.

An enterprise of a Contracting
State shall not be deemed to have a permanent establishment in the other Contracting State merely
because it carries on business in that other State through a broker, general commission agent or
any other agent of an independent status, where such persons are acting in the ordinary course of
their business. However, when the activities of such an agent are devoted wholly or almost
wholly to the business of that enterprise, he shall not be considered an agent of an independent
status within the meaning of this paragraph.

7.

An insurance enterprise of a
Contracting State shall, except with regard to reinsurance, be deemed to have a permanent
establishment in the other Contracting State if it collects premiums in the territory of that
other State or insures risks situated there through an employee or through a representative who is
not an agent of independent status within the meaning of paragraph 6.

8.

The fact that a company which
is a resident of a Contracting State controls or is controlled by a company which is a resident of
the other Contracting State, or which carries on business in that other State (whether through a
permanent establishment or otherwise), shall not of itself constitute either company a permanent
establishment of the other. 

Article 6
INCOME FROM IMMOVABLE PROPERTY

  1. Income from immovable property
    including income from agriculture, forestry, a farm or plantation may be taxed in the Contracting
    State in which such property is situated.

  2. The term “immovable property”
    shall be defined in accordance with the law of the Contracting State in which the property in question
    is situated. The term shall in any case include property accessory to immovable property, livestock
    and equipment used in agriculture and forestry, rights to which the provisions of general law
    respecting landed property apply, usufruct of immovable property, rights to explore for or to exploit
    mineral deposits, sources and other natural resources and rights to amounts computed by reference to
    the amount or value of production from such resources; ships and aircraft shall not be regarded as
    immovable property. 

  3. The provisions of paragraph 1
    shall apply to income derived from the direct use, letting, or use in any other form of immovable
    property.

  4. The provisions of paragraph 1 and
    3 shall also apply to income from immovable property of an enterprise and to income from immovable
    property used for the performance of professional services.

Article 7
BUSINESS PROFITS

  1. The profits of an enterprise of a
    Contracting State shall be taxable only in that State unless the enterprise carries on business in the
    other Contracting State through a permanent establishment situated therein. If the enterprise carries
    on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so
    much of them as is attributable to: 

    (a)

    that permanent
    establishment;

    (b)

    sales in that other State
    of goods or merchandise of the same or similar kind as those sold through that permanent
    establishment; or

    (c)

    other business activities
    carried on in that other State of the same or similar kind as those effected through that
    permanent establishment.

  2. Subject to the provisions of
    paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting
    State through a permanent establishment situated therein, there shall in each Contracting State be
    attributed to that permanent establishment the profits which it might be expected to make if it were a
    distinct and separate enterprise engaged in the same or similar activities under the same or similar
    conditions and dealing wholly independently with the enterprise of which it is a permanent
    establishment. 

  3. In the determination of the
    profits of a permanent establishment there shall be allowed as deductions expenses which are incurred
    for the purposes of the permanent establishment including executive and general administrative
    expenses so incurred, whether in the State in which the permanent establishment is situated or
    elsewhere. 

  4. Insofar as it has been customary
    in a Contracting State 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 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 embodied 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 solely for the enterprise.

Article 8
SHIPPING AND AIR TRANSPORT

  1. Profits from the operation of
    ships or aircraft in international traffic carried on by an enterprise of a Contracting State shall be
    taxable only in that State.

  2. The provisions of paragraph 1
    shall also apply to profits derived from the participation in a pool, a joint business or in an
    international operating agency.

  3. With respect to profits derived by
    the Danish, Norwegian and Swedish air transport consortium, known as the Scandinavian Airlines System
    (SAS), the provisions of paragraph 1 shall only apply to such part of the profits as corresponds to
    the shareholding in the consortium held by Det Danske Luftfartelskab (DDL), the Danish partner of
    Scandinavian Airlines System (SAS). 

Article 9
ASSOCIATED ENTERPRISES

  1. Where :

    (a)

    an enterprise of a
    Contracting State participates directly or indirectly in the management, control or capital of
    an enterprise of the other Contracting State; or

    (b)

    the same persons
    participate directly or indirectly in the management, control or capital of an enterprise of a
    Contracting State and an enterprise of the other Contracting State,

    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.

  2. Where profits on which an
    enterprise of a Contracting State has been charged to tax in that State are also included in the
    profits of an enterprise of the other Contracting State and taxed accordingly, and the profits so
    included are profits which would have accrued to that enterprise of the other State if the conditions
    made between the enterprises had been those which would have been made between independent
    enterprises, then the first-mentioned State shall make an appropriate adjustment to the amount of tax
    charged on those profits in the first-mentioned State. In determining such an adjustment due regard
    shall be had to the other provisions of this Convention in relation to the nature of the income, and
    for this purpose the competent authorities of the Contracting States shall if necessary consult each
    other. 

Article 10
DIVIDENDS

  1. Dividends paid by a company which
    is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that
    other State.

  2. However, such dividends may be
    taxed in the Contracting State of which the company paying the dividends is a resident, and according
    to the law of that State, but if the recipient is the beneficial owner of the dividends the tax so
    charged shall not exceed: 

    (a)

    10 percent of the gross
    amount of the dividends if the recipient is a company (excluding partnership) which holds
    directly at least 25 percent of the capital of the company paying the dividends;

    (b)

    in all other cases 20
    percent of the gross amount of the dividends.

    The competent authorities of the
    Contracting States shall by mutual agreement settle the mode of application of this
    limitation.

    This paragraph shall not affect the
    taxation of the company in respect of the profits out of which the dividends are paid.

  3. The term “dividends” as used in
    this Article means income from shares, or other rights, not being debt-claims, participating in
    profits, as well as income from other corporate rights which is subjected to the same taxation
    treatment as income from shares by the taxation law of the State of which the company making the
    distribution is a resident. 

  4. The provisions of paragraphs 1 and
    2 shall not apply if the recipient of the dividends, being a resident of a Contracting State, carries
    on business in the other Contracting State of which the company paying the dividends is a resident,
    through a permanent establishment situated therein or performs in that other State professional
    services from a fixed base situated therein and the holding in respect of which the dividends are paid
    is effectively connected with such permanent establishment or fixed base. In such a case the
    provisions of Article 7 or Article 14, as the case may be, shall apply. 

  5. Where a company which is a
    resident of a Contracting State derives profits or income from the other Contracting State, that other
    State may not impose any tax on the dividends paid by the company, except insofar as such dividends
    are paid to a resident of that other State or insofar as the holding in respect of which the dividends
    are paid is effectively connected with a permanent establishment or a fixed base situated in that
    other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even
    if the dividends paid or the undistributed profits consist wholly or partly of profits or income
    arising in such other State. 

  6. Where a company resident of a
    Contracting State has in the other Contracting State a permanent establishment, the profits of this
    permanent establishment shall, after having borne the corporation tax, be liable to a tax, the rate of
    which shall not exceed 15%, according to the laws of that other Contracting State. 

  7. The provision of paragraph 6 of
    this Article shall not affect the provisions contained in any production sharing contracts and
    contracts of work (or any other similar contracts) relating to the oil and gas sector or other mining
    sector concluded by the Government of Indonesia, its instrumentality, its relevant State oil and gas
    company or any other entity thereof with a person who is a resident of Denmark on or before 31
    December 1983.

Article 11
INTEREST

  1. Interest arising in a Contracting
    State and paid to a resident of the other Contracting State may be taxed in that other State.

  2. However, such interest may also be
    taxed in the Contracting State in which it arises, and according to the law of that State, but if the
    recipient is the beneficial owner of the interest, the tax so charged shall not exceed 10% of the
    amount of the interest. The competent authorities of the Contracting States shall by mutual agreement
    settle the mode of application of this limitation. 

  3. Notwithstanding the provisions of
    paragraph 2, interest arising in a Contracting State and paid to the Government of the other
    Contracting State or local authority thereof, the Central Bank of that other Contracting State, or any
    agency wholly owned by that Government or local authority shall be exempt from tax in the
    first-mentioned Contracting State. It is agreed that this paragraph applies to the following
    institutions of Denmark: 
    1) The National Bank of Denmark
    2) The Industrialization Fund for Developing Countries
    3) The Danish Export Credit Council
    4) The Danish Export Finance Corporation
    5) The Ship Credit Fund of Denmark
    on loans or credits granted with the consent of the Minister in charge of financial affairs or of
    planning in Indonesia. The competent authorities of the Contracting States may determine by mutual
    agreement any other governmental institution to which this paragraph shall apply.

  4. The term “interest” as used in
    this Article means income from debt-claims of every kind, whether or not secured by mortgage, and
    whether or not carrying a right to participate in the debtor’s profits, and in particular, income from
    Government securities and income from bonds or debentures, including premiums and prizes attaching to
    bonds or debentures. 

  5. The provisions of paragraphs 1 and
    2 shall not apply if the recipient of the interest, being a resident of a Contracting State, carries
    on business in the other Contracting State in which the interest arises, through a permanent
    establishment situated therein, or performs in that other State professional services from a fixed
    base situated therein, and the debt-claim in respect of which the interest is paid is effectively
    connected with 

    (a)

    such permanent
    establishment or fixed base, or with

    (b)

    business activities
    referred to under (c) of paragraph 1 of Article 7.

    In such case the
    provisions of Article 7 or Article 14, as the case may be, shall apply.

  6. 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. 

  7. Where, owing to a special
    relationship between the payer and the recipient or between both of them and some other person, the
    amount of the interest paid, having regard to the debt-claim for which it is paid, exceeds for
    whatever reason the amount which would have been agreed upon by the payer and the recipient in the
    absence of such relationship, the provisions of this Article shall apply only to the last-mentioned
    amount. In that case, the excess part of the payments shall remain taxable according to the law of
    each Contracting State, due regard being had to the other provisions of this Convention. 

Article 12
ROYALTIES

  1. Royalties arising in a Contracting
    State and paid to a resident of the other Contracting State may be taxed in that other State.

  2. However, such royalties may also
    be taxed in the Contracting State in which they arise, and according to the law of that State, but if
    the recipient is the beneficial owner of the royalties, the tax so charged shall not exceed 15% of the
    gross amount of the royalties. 

  3. The term “royalties” as used in
    this Article means payments of any kind received as a consideration for the use of, or the right to
    use, any copyright of literary, artistic or scientific work including cinematograph films, any patent,
    trade mark, design or model, plan, secret formula or process or for the use of, or the right to use,
    industrial, commercial or scientific equipment, or for information concerning industrial, commercial
    or scientific experience. 

  4. The provisions of paragraphs 1 and
    2 shall not apply if the recipient of the royalties, being a resident of a Contracting State, carries
    on business in the other Contracting State in which the royalties arise, through a permanent
    establishment situated therein, or performs in that other State professional services from a fixed
    base situated therein, and the right or property in respect of which the royalties are paid is
    effectively connected with 

    (a)

    such permanent
    establishment or fixed base, or with

    (b)

    business activities
    referred to under (c) of paragraph 1 Article 7.

    In such a case, the
    provisions of Article 7 or Article 14, as the case may be, shall apply.

  5. Royalties 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 royalties, 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 liability to pay the royalties was incurred, and such royalties are borne by
    such permanent establishment or fixed base, then such royalties shall be deemed to arise in the
    Contracting State in which the permanent establishment is situated. 

  6. Where owing to a special
    relationship between the payer and the recipient or between both of them and some other person, the
    amount of the royalties paid, having regard to the use, right or information for which they are paid,
    exceeds for whatever reason the amount which would have been agreed upon by the payer and the
    recipient in the absence of such relationship, the provisions of this Article shall apply only to the
    last-mentioned amount. 
    In that case, the excess part of the payments shall remain taxable according to the law of each
    Contracting State, due regard being had to the other provisions of this convention.

Article 13
CAPITAL GAINS

  1. Gains from the alienation of
    immovable property as defined in paragraph 2 of Article 6, may be taxed in the Contacting State in
    which such property is situated.

  2. Gains from the alienation of
    movable property forming part of the business property of a permanent establishment which an
    enterprise of a Contracting State has in the other Contracting State or of movable property pertaining
    to a fixed base available to a resident of a Contracting State in the other Contracting State for the
    purpose of performing professional services, including such gains from the alienation of such a
    permanent establishment (alone or together with the whole enterprise) or of such fixed base, may be
    taxed in that other State. 

  3. Gains from the alienation of ships
    or aircraft operated in international traffic or movable property pertaining to the operation of such
    ships or aircraft, shall be taxable only in the Contracting State in which the enterprise operating
    the ships or aircraft is a resident. 

  4. Gains from the alienation of any
    property other than those mentioned in paragraphs 1, 2 and 3, shall be taxable only in the Contracting
    State of which the alienator is a resident.

Article 14
INDEPENDENT PERSONAL SERVICES

  1. Income derived by a resident of a
    Contracting State in respect of professional services or other activities of an independent character
    shall be taxable only in that State except in the following circumstances, when such income may also
    be taxed in the other Contracting State: 

    (a)

    if he has a fixed base
    regularly available to him in the other Contracting State for the purpose of performing his
    activities; in that case, only so much of the income as is attributable to that fixed base may
    be taxed in that other Contracting State; or 

    (b)

    if his stay in the other
    Contracting State is for a period or periods amounting to or exceeding in the aggregate 91
    days within any period of 12 months; in that case, only so much of the income as is derived
    from his activities performed in that other State may be taxed in that other State.

  2. The term “professional services”
    includes especially independent scientific, literary, artistic, educational or teaching activities as
    well as the independent activities of physicians, lawyers, engineers, architects, dentists and
    accountants.

Article 15
DEPENDENT PERSONAL SERVICES

  1. Subject to the provisions of
    Articles 16, 18 and 19, salaries, wages and other similar remuneration derived by a resident of a
    Contracting State in respect of an employment shall be taxable only in that State unless the
    employment is exercised in the other Contracting State. If the employment is so exercised, such
    remuneration as is derived therefrom may be taxed in that other State. 

  2. Notwithstanding the provisions of
    paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment
    exercised in the other Contracting State shall be taxable only in the first-mentioned State if:

    (a)

    the recipient is present
    in the other State for a period or periods not exceeding in the aggregate 183 days within any
    period of 12 months, and

    (b)

    the remuneration is paid
    by or on behalf of, an employer who is not a resident of the other State, and

    (c)

    the remuneration is not
    borne by a permanent establishment or a fixed base which the employer has in the other State.

  3. Notwithstanding the preceding
    provisions of this Article, remuneration in respect of an employment exercised aboard a ship or
    aircraft in international traffic may be taxed in the Contracting State in which the enterprise
    operating the ship or aircraft is a resident. 

Article 16
DIRECTORS’ FEES

Directors’ fees and similar payments derived by a
resident of a Contracting State in his capacity as a member of the board of directors 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 14 and 15, income derived by entertainers, such as theatre, motion picture, radio or
    television artistes, and musicians, and by athletes, from their personal activities as such may be
    taxed in the Contracting State in which these activities are exercised. 

  2. Where income in respect of
    personal activities as such of an entertainer or athlete accrues not to that entertainer or athlete
    himself but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and
    15, be taxed in the Contracting State in which the activities of the entertainer or athlete are
    exercised. 

  3. Notwithstanding the provisions of
    paragraph 1, remunerations or profits, and wages, salaries and other similar income derived by
    entertainers and athletes from their personal activities as such in a Contracting State shall be
    taxable only in the other Contracting State if their visit to the first Contracting State is supported
    substantially from public funds of that other Contracting State, one of its political subdivisions or
    local authorities or of a statutory body thereof. 

  4. Notwithstanding the provisions of
    paragraph 2, where income in respect of personal activities as such of entertainers and athletes in a
    Contracting State accrues not to that entertainer or athlete himself but to another person,
    notwithstanding the provisions of Articles 7, 14 and 15, that income shall be taxable only in the
    other Contracting State if this person is supported substantially from public funds of that other
    Contracting State, one of its political subdivisions or local authorities or of a statutory body
    thereof. 

Article 18
PENSIONS, SOCIAL SECURITY PAYMENTS, ANNUITIES AND ALIMONY

  1. Pensions, annuities and social
    security payments arising in a Contracting State and paid to a resident of the other Contracting State
    shall be taxable only in the first-mentioned State. 

  2. Alimony and other similar payments
    arising in a Contracting State and paid to a resident of the other Contracting State who is subject to
    tax therein in respect thereof, shall be taxable only in that other State.

Article 19
GOVERNMENT SERVICE

1. (a)

Remuneration, other than a
pension, paid by a Contracting State or a political subdivision or a local authority thereof to an
individual in respect of services rendered to that State or subdivision or authority shall be
taxable only in that State. 

(b)

However, such remuneration
shall be taxable only in the other Contracting State if the services are rendered in that State
and the individual is a resident of that State who :

(i)

is a national of that State;
or

(ii)

did not become a resident of
that State solely for the purpose of rendering the services.

2.

The provisions of Article 15
and 16 shall apply to remuneration in respect of service rendered in connection with a business
carried on by a Contracting State or a political subdivisions or a local authority thereof.

Article 20
STUDENTS

  1. Payments which a student or
    business apprentice who is or was immediately before visiting a Contracting State 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 State, provided that such payments are made to him from sources
    outside that State. 

  2. Notwithstanding the provisions of
    paragraph 1, remuneration which a student or business apprentice who is or was formerly a resident of
    a Contracting State and who is present in the other Contracting State solely for the purpose of his
    education or training derives from services rendered in that other State shall not be taxed in that
    other State provided that such services are in connection with his education or training or that the
    remuneration of such services is necessary to supplement the resources available to him for the
    purpose of his maintenance.

Article 21
TEACHERS AND RESEARCHERS

  1. A professor or teacher who visits
    a Contracting State for a period not exceeding two years for the purpose of teaching or carrying out
    research at a university, college, school or educational institution in that Contracting State and who
    is, or was immediately before such visit, a resident of the other Contracting State shall be exempt
    from tax in the first-mentioned Contracting State on any remuneration for such teaching or research in
    respect of which he is subject to tax in the other Contracting State. 

  2. This Article shall not apply to
    income from research if such research is undertaken not in the public interest but primarily for the
    private benefit of a specific person or persons.

Article 22
OTHER INCOME

  1. Items of income of a resident of a
    Contracting State, wherever arising, not dealt with in the foregoing articles of this Convention shall
    be taxable only in that State.

  2. The provisions of paragraph 1
    shall not apply to income, other than income from immovable property as defined in paragraph 2 of
    Article 6, if the recipient of such income, being a resident of a Contracting State, carries on
    business in the other Contracting State through a permanent establishment situated therein, or
    performs in that other State independent personal services from a fixed base situated therein, and the
    right or property in respect of which the income is paid is effectively connected with such permanent
    establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may
    be, shall apply. 

  3. Notwithstanding the provisions of
    paragraphs 1 and 2, items of income of a resident of a Contracting State not dealt with in the
    foregoing Articles of this Convention and arising in the other Contracting State may also be taxed in
    that other State. 

Article 23
ELIMINATION OF DOUBLE TAXATION

  1. The laws of each of the
    Contracting States shall continue to govern the taxation of income whether derived from the
    Contracting State or elsewhere except where express provisions to the contrary are made in this
    Convention. Where income derived from a Contracting State is subject to tax in both Contracting
    States, relief from double taxation on such income shall be given in accordance with the following
    provisions of this Article. 

  2. In the case of Indonesia, double
    taxation shall be avoided as follows :

    (a)

    Indonesia, when imposing
    tax on residents of Indonesia, may include in the basis upon which such tax is imposed the
    items of income which may be taxed in Denmark in accordance with the provisions of this
    Convention; 

    (b)

    where a resident of
    Indonesia derives income from Denmark and that income may be taxed in Denmark in accordance
    with the provisions of this Convention, the amount of Danish tax payable in respect of the
    income shall be allowed as a credit against the Indonesian tax imposed on that resident. The
    amount of credit, however, shall not exceed that part of the Indonesian tax which is
    appropriate to the income. 

  3. In the case of Denmark, double
    taxation shall be avoided as follows :

    (a)

    Subject to the provisions
    of sub-paragraph c), where a resident of Denmark derives income which, in accordance with
    the provisions of this Convention may be taxed in Indonesia, Denmark shall allow as a
    deduction from the tax on the income of that person, an amount equal to the income tax paid in
    Indonesia. 

    (b)

    The deduction shall not,
    however, exceed that part of the income tax, as computed before the deduction is given, which
    is appropriate to the income which may be taxed in Indonesia.

    (c)

    Where a resident of
    Denmark derives income which, in accordance with the provisions of this Convention shall be
    taxable only in Indonesia, Denmark may include this income in the tax base, but shall allow as
    a deduction from the income tax that part of the income tax which is appropriate to the income
    derived from Indonesia. 

    (d)

    Where Indonesian tax
    levied on dividends is relieved below the rates provided for in Article 10, paragraph 2, for
    dividends by special incentive measures under Indonesian Law No. 1 of 1967 regarding Foreign
    Capital Investment, sofar as they were in force on, and have not been modified since the date
    of signature of this Convention or have been modified only in minor respects so as not to
    affect their general character there shall be allowed as a credit against Danish income tax on
    such dividends an amount corresponding to the rate of tax provided for in the foregoing
    mentioned provisions of this Convention. The credit allowed under the foregoing sentence
    shall, however, not exceed the amount of Indonesian tax which would have been payable but for
    such relief.

    This provision shall cease
    to have effect after December 31, 1992.

Article 24
NON-DISCRIMINATION

  1. Nationals of a Contracting State
    shall not be subjected in the other Contracting State to any taxation or any requirement connected
    therewith which is other or more burdensome than the taxation and connected requirements to which
    nationals of that other State in the same circumstances are or may be subjected. This provision shall,
    notwithstanding the provisions of Article 1, also apply to persons who are not residents of one or
    both of the Contracting States. 

  2. The taxation on a permanent
    establishment which an enterprise of a Contracting State has in the other Contracting State shall not
    be less favourably levied in that other State than the taxation levied on enterprises of that other
    State carrying on the same activities.
    This provision shall not be construed as obliging a Contracting State to grant to residents of the
    other Contracting State any personal allowances, reliefs and reductions for taxation purposes on
    account of civil status or family responsibilities which it grants to its own residents.

  3. Enterprises of a Contracting
    State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or
    more residents of the other Contracting State, shall not be subjected in the first-mentioned
    Contracting State to any taxation or any requirement connected therewith which is other or more
    burdensome than the taxation and connected requirements to which other similar enterprises of that
    first-mentioned State are or may be subjected. 

  4. In this Article the term
    “taxation” means the taxes which are the subject of this Convention.

Article 25
MUTUAL AGREEMENT PROCEDURE

  1. Where a resident of a Contracting
    State considers that the actions of one or both of the Contracting States result or will result for
    him in taxation not in accordance with this Convention, he may, notwithstanding the remedies provided
    by the national laws of those States, present his case to the competent authority of the Contracting
    State of which he is a resident or, if his case comes under paragraph 1 of Article 24, to that of the
    Contracting State of which he is a national. This case must be presented within three years from the
    first notification of the action giving rise to taxation not in accordance with the Convention. 

  2. The competent authority shall
    endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at an
    appropriate solution, to resolve the case by mutual agreement with the competent authority of the
    other Contracting State, with a view to the avoidance of taxation which is not in accordance with the
    Convention. Any agreement reached shall be implemented notwithstanding any time limits in the national
    laws of the Contracting States. 

  3. The competent authorities of the
    Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising
    as to the interpretation or application of the Convention. 

  4. The competent authorities of the
    Contracting States may communicate with each other directly for the purpose of reaching an agreement
    in the sense of the preceding paragraphs. When it seems advisable in order to reach agreement to have
    an oral exchange of opinions, such exchange may take place through a Commission consisting of
    representatives of the competent authorities of the Contracting States. 

Article 26
EXCHANGE OF INFORMATION

  1. The competent authorities of the
    Contracting States shall exchange such information as is necessary for the carrying out of this
    Convention or of the domestic laws of the Contracting States concerning taxes covered by this
    Convention insofar as the taxation thereunder is not contrary to this Convention. The exchange of
    information is not restricted by Article 1. Any information received by a Contracting State shall be
    treated as secret in the same manner as information obtained under the domestic laws of that State and
    shall be disclosed only to persons or authorities (including courts and administrative bodies)
    involved in the assessment or collection of, the enforcement or prosecution in respect of, or the
    determination of appeals in relation to, the taxes which are the subject of the Convention. Such
    persons or authorities shall use the information only for such purposes. These persons or authorities
    may disclose the information in public court proceedings or in judicial decisions. 

  2. In no case shall the provisions of
    paragraph 1 be construed so as to impose on one of the Contracting States the obligation:

    (a)

    to carry out
    administrative measures at variance with the laws and administrative practice of that or of
    the other Contracting State;

    (b)

    to supply particulars
    which are not obtainable under the laws or in the normal course of the administration of that
    or of the other Contracting State;

    (c)

    to supply information
    which would disclose any trade, business, industrial, commercial or professional secret or
    trade process, or information, the disclosure of which would be contrary to public policy
    (ordure public).

Article 27
DIPLOMATIC AGENTS AND CONSULAR OFFICERS

Nothing in this Convention shall
affect the fiscal privileges of diplomatic agents or consular officers under the general rules of
international law or under the provisions of special agreements.

Article 28
TERRITORIAL EXTENSION

This Convention may be extended, either in its
entirety or with any necessary modifications, to any part of the territory of Denmark which is
specifically excluded from the application of the Convention and which imposes taxes substantially similar
in character to those to which the Convention applies. Any such extension shall take effect from such date
and subject to such modifications and conditions, including conditions as to termination, as may be
specified and agreed between the Contracting States in notes to be exchanged through diplomatic channels.

Article 29
ENTRY INTO FORCE

  1. The Government of the Contracting
    State shall notify to each other that the constitutional requirements for the entry into force of this
    Convention have been complied with.

  2. The Convention shall enter into
    force on the date of the latter of the notifications referred to in paragraph 1 and its provisions
    shall have effect in respect of taxes for the income year which coincides with or replaces the
    calendar year immediately following that in which the Convention enters into force and subsequent
    income years.

Article 30
TERMINATION

This Convention shall remain in force until terminated
by a Contracting State. Either Contracting State may terminate the Convention, through diplomatic
channels, by giving written notification of termination on or before the thirtieth day of June of any
calendar year following after a period of five years from the year in which the Convention enters into
force. In such event, the Convention shall cease to have effect in respect of taxes for the income year
which coincides with or replaces the calendar year immediately following that in which the notification of
termination is given and subsequent income years.

 

IN WITNESS WHEREOF the undersigned,
duly authorized thereto by their respective Government, have signed this Convention.

Done in Duplicate at Jakarta on the
twenty eighth day of December 1985 in the English language.

FOR THE GOVERNMENT
OF
THE REPUBLIC OF INDONESIA
ttd
ATMONO SURYO
FOR THE GOVERNMENT
OF
THE KINGDOM OF DENMARK
ttd
ANDERS BRANDSTRUP

 

PROTOCOL

At the signing of the Convention
between the Republic of Indonesia and the Kingdom of Denmark for the avoidance of double taxation and the
prevention of fiscal evasion with respect to taxes on income, the undersigned have agreed that the
following provisions shall form an integral part of the said Convention :

Ad Article 5, paragraph 1:
Notwithstanding paragraph 1 of Article 5, it is understood that activities consisting of preliminary
surveys or exploration of hydrocarbons carried out with ships, drilling rigs, and installations constitute
a permanent establishment.

Ad Article 5, paragraph 3:
It is understood that the time-limit of six months shall apply to an assembly or installation project
performed by the main contractor in connection with a building site or construction project.

Ad Article 15, paragraph 3:
It is understood that where a resident of Denmark derives remuneration in respect of an employment
exercised aboard an aircraft operated in international traffic by the Scandinavian Airlines System (SAS)
consortium, such remuneration shall be taxation only in Denmark.

IN WITNESS WHEREOF the undersigned,
duly authorized thereto by their respective Governments, have signed this protocol.

DONE in duplicate at Jakarta on the
twenty eight day of December 1985 in the English language.

FOR THE GOVERNMENT
OF
THE REPUBLIC OF INDONESIA
ttd
ATMONO SURYO
FOR THE GOVERNMENT
OF
THE KINGDOM OF DENMARK
ttd
ANDERS BRANDSTRUP