Mongolia

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

2305_mongolia

AGREEMENT BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF MONGOLIA

FOR

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

Article 1
PERSONAL SCOPE

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

Article 2
TAXES COVERED

  1. This Agreement shall apply to
    taxes
    on income imposed on behalf of a 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 or immovable
    property, taxes on the total amounts of wages or salaries paid by
    enterprises. 

  3. The existing taxes to which
    this
    Agreement shall apply are:

    (a) In the
    case of Mongolia:
    (1) the
    individual income tax;
    (2) the
    corporate income tax;
    (hereinafter
    referred to as “Mongolian tax”);
    (b) In the
    case of Indonesia:
    the income tax imposed under the Law No. 7 of 1983 as amended,
    (hereinafter referred to as “Indonesian tax”).

  4. This Agreement shall apply also
    to
    any identical or substantially similar taxes which are imposed after
    the date of signature of the Agreement in addition to, or in place of,
    the existing taxes referred to in paragraph 3. The competent
    authorities of the Contracting States shall notify each other of any
    significant changes which have been made in their respective taxation
    laws within a reasonable period of time after such changes. 

Article 3
GENERAL DEFINITIONS

  1. For the purpose of this
    Agreement,
    unless the context otherwise requires:

    (a)

    the term “a Contracting
    State” and “the other Contracting State” mean Mongolia or Indonesia as
    the context requires;

    (b)

    the term “Mongolia”
    means,
    when used in a geographical sense, all the territory of Mongolia and
    any area in which the tax law of Mongolia is in force insofar as
    Mongolia exercises in such area, in conformity with international law,
    sovereign rights to exploit its natural resources; 

    (c)

    the term “Indonesia”
    means
    the territory of the Republic of Indonesia as defined in its laws and
    the adjacent areas over which the Republic of Indonesia has
    sovereignty, sovereign rights or jurisdiction in accordance with the
    provisions of the United Nations Convention on the Law of the Sea, 1982;

    (d)

    the term “person”
    includes 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 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 a resident of the other
    Contracting State;

    (g)

    the term “nationals”
    means;

    (i)

    any individual
    possessing the
    nationality of a Contracting State; 

    (ii)

    any legal person,
    partnership
    or association deriving its status as such from the laws in force in a
    Contracting State; 

    (h)

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

    (i)

    the term “competent
    authority” means: 

    (i)

    in the case of
    Mongolia, the
    Minister of Finance or his authorized representative;

    (ii)

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

  2. As regards the application of
    the
    Agreement by a Contracting State any term not defined therein shall,
    unless the context otherwise requires, have the meaning which it has
    under the laws of that Contracting State concerning the taxes to which
    the Agreement applies. 

Article 4
RESIDENT

  1. For the purposes of this
    Agreement,
    the term “resident of a Contracting State” means any person who, under
    the laws of that State, is liable to tax therein by reason of his
    domicile, residence, place of management, place of incorporation or any
    other criterion of a similar nature. 

  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: 

    (a)

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

    (b)

    if the 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 State, he shall be deemed to
    be a resident of the State in which he has an habitual abode; 

    (c)

    if he has an habitual
    abode
    in both States or in neither of them, the competent authorities of the
    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
    State in which its place of effective management is situated.

Article 5
PERMANENT ESTABLISMENT

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

  2. The term “permanent
    establishment”
    includes especially: 

    (a) a place of management;
    (b) a branch;
    (c) an office;
    (d) a factory;
    (e) a workshop;
    (f) a warehouse or premises used
    as
    sales outlet;
    (g) a farm or plantation;
    (h)

    a mine, an oil or gas
    well, a
    quarry or
    any other place of extraction or exploration of natural resources,
    drilling rig or working ship used for exploration or exploitation of
    natural resources.

  3. The term “permanent
    establishment”
    likewise encompasses: 

    (a)

    a building site, a
    construction, assembly or installation project or supervisory
    activities in connection therewith, but only where such site, project
    or activities continue for a period of more than 6 months; 

    (b)

    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 continue (for the same or a connected
    project) within the country for a period or periods aggregating more
    than 3 months within any twelve month period. 

  4. Notwithstanding the preceding
    provisions of this Article, the term permanent establishment shall be
    deemed not to include:

    (a)

    the use of the
    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 of collecting information, for the enterprise; 

    (e)

    the maintenance of a
    fixed
    place of business solely for the purpose of advertising, or for the
    supply of information on behalf of the enterprise; 

    (f)

    the maintenance of a
    fixed
    place of business solely for the purpose of carrying on, for the
    enterprise, any other activity of a preparatory or auxiliary character;

    (g)

    the maintenance of a
    fixed
    place of
    business solely for any combination of activities mentioned in
    sub-paragraphs (a) to (f), provided that the overall activity of the
    fixed place of business resulting from this combination is of a
    preparatory or auxiliary character.

  5. Notwithstanding the provisions
    of
    paragraphs 1 and 2, where a person — other than an agent of
    independent status to whom paragraph 7 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 State in respect of any activities
    which that person undertakes for the enterprise, if such a
    person: 

    (a)

    has and habitually
    exercises
    in the first-mentioned 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 no 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; or 

    (c)

    manufactures or
    processes in
    the first-mentioned State for the enterprise goods or merchandise
    belonging to the enterprise.

  6. Notwithstanding the preceding
    provisions of this Article, an insurance enterprise of a Contracting
    State shall, except in regard to re-insurance, 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
    therein through a person other than an agent of an independent status
    to whom paragraph 7 applies. 

  7. 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, provided that 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 on behalf of that
    enterprise, he shall not be considered to be an agent of an independent
    status within the meaning of this paragraph. 

  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 derived by a resident of
    a
    Contracting State from immovable property (including income from
    agriculture or forestry) situated in the other Contracting State may be
    taxed in that other State.

  2. The term “immovable property”
    shall
    have the meaning which it has under 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 and rights to variable or fixed payments as
    consideration for the working of, or the right to work, mineral
    deposits, sources and other natural 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 paragraphs 1
    and
    3 shall also apply to the income from immovable property of an
    enterprise and to income from immovable property used for the
    performance of independent personal 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 and 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 determining the profits of a
    permanent establishment, there shall be allowed as deductions expenses
    which are incurred for the purposes of the business 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 maybe customary; the method of
    apportionment adopted shall, however, be such that the result shall be
    in accordance with the principles contained in this Article. 

  5. 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. 

  6. Where profits include items of
    income which are dealt with separately in other Articles of this
    Agreement, then the provisions of those Articles shall not be affected
    by the provisions of this Article. 

Article 8
SHIPPING AND AIR TRANSPORT

  1. Profits from sources within a
    Contracting State derived by an enterprise of the other Contracting
    State from the operation of ships and aircraft in international traffic
    shall be taxable only in the State in which the enterprise is a
    resident. 

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

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 enterprises and taxed accordingly.

  2. Where a Contracting State includes in the
    profits of an
    enterprise of that State — and taxes accordingly — profits on which
    an enterprise of the other Contracting State has been charged to tax in
    that other State and the profits so included are profits which would
    have accrued to the enterprise of the first-mentioned State if the
    conditions made between the two enterprises had been those which would
    have been made between independent enterprises, then that other State
    shall make an appropriate adjustment to the amount of the tax charged
    therein on those profits. In determining such adjustment, due regard
    shall be had to the other provisions of the Agreement and 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 also
    be
    taxed in the Contracting State of which the company paying the
    dividends is a resident and according to the laws of that State, but if
    the recipient is the beneficial owner of the dividends the tax so
    charged shall not exceed 10 per cent of the gross amount of the
    dividends actually distributed. 
    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, “jouissance” shares or
    “jouissance” rights, mining shares, founders’ 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 laws 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 beneficial owner 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 independent personal 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 case, the provisions of Article 7
    or Article 14, as the case may be, shall apply. 

  5. Notwithstanding any other
    provisions of this Agreement where a company which is a resident of a
    Contracting State has a permanent establishment in the other
    Contracting State, the profits of the permanent establishment may be
    subjected to an additional tax in that other State in accordance with
    its law, but the additional tax so charged shall not exceed 10 per cent
    of the amount of such profits after deducting therefrom income tax and
    other taxes on income imposed thereon in that other State. 

  6. The rate of tax in paragraph 2
    and
    in paragraph 5 of this Article shall not affect the rate of tax applied
    in any production sharing contracts or any other similar contracts
    relating to [the] oil and gas sector or other mining sector concluded
    by the Government of a Contracting State, its instrumentality, its
    relevant state oil and gas company or any other entity thereof with a
    person who is a resident of the other Contracting State. 

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 if such resident is the beneficial owner of
    the interest.

  2. However, such interest may also
    be
    taxed in the Contracting State in which it arises and according to the
    laws of that State, but if the recipient is the beneficial owner of the
    interest the tax so charged shall not exceed 10 per cent of the gross
    amount of the interest. 

  3. Notwithstanding the provisions
    of
    paragraph 2, interest arising in a Contracting State and derived by the
    Government of the other Contracting State including local authorities
    thereof, a political subdivision, the Central Bank or any financial
    institution controlled by that Government, the capital of which is
    wholly owned by the Government of the other Contracting State, as may
    be agreed upon from time to time between the competent authorities of
    the Contracting States, shall be exempt from tax in the first-mentioned
    State. 

  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 such securities, bonds or debentures, as well as
    income assimilated to income from money lent under the taxation law of
    the States in which the income arises, including interest on deferred
    payment sales. Penalty charges for late payment shall not be regarded
    as interest for the purpose of this Article. 

  5. The provisions of paragraphs 1
    and
    2 shall not apply if the beneficial owner 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
    independent personal 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, by reason of a special
    relationship between the payer and the beneficial owner or between both
    of them and some other person, the amount of the interest, having
    regard to the debt-claim for which it is paid, exceeds the amount which
    would have been agreed upon by the payer and the beneficial owner in
    the absence of such relationship, the provisions of this Article shall
    apply only to the last-mentioned amount. In such case, the excess part
    of the payments shall remain taxable according to the laws of each
    Contracting State, due regard being had to the other provisions of this
    Agreement.

Article 12
ROYALTIES

  1. Royalties arising in a
    Contracting
    States 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 laws of that State, but if the recipient is the beneficial owner of
    the royalties, the tax so charged shall not exceed 10 per cent 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, or films or tapes used
    for radio or television broadcasting, 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 beneficial owner 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 Contracting
    State independent personal services from a fixed base situated therein,
    and the right or property in respect of which the royalties are paid as
    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. 

  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 State in which the permanent establishment or
    fixed base is situated. 

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

Article 13
CAPITAL GAINS

  1. Gains derived by a resident of a
    Contracting State from the alienation of immovable property referred to
    in Article 6 and situated in the other Contracting State may be taxed
    in that other State. 

  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 independent personal
    services, including such gains from the alienation of such a permanent
    establishment (alone or 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 that State. 

  4. Gains from the alienation of any
    property other than that referred to in paragraphs 1 to 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
    Contracting State except in one of 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 exceeding in the aggregate 91 days in the calendar
    year concerned; in that case, only so much of the income as is derived
    from his activities performed in that other Contracting State may be
    taxed in that other Contracting 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 Contracting State unless the
    employment is exercised in the other Contracting State. If the
    employment is so exercised, such a remuneration as is derived therefrom
    may be taxed in that other Contracting 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 State shall be
    taxable only in the first-mentioned State, if: 

    (a)

    the recipient is present
    in
    the other Contracting State for a period or periods not exceeding in
    the aggregate 91 days in the calendar year concerned; 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 derived in respect of an
    employment exercised aboard a ship or aircraft operated in the
    international traffic by an enterprise of a Contracting State shall be
    taxable only in that State. 

Article 16
DIRECTORS’ FEES

  1. Directors’ fees and other
    similar
    payments derived by a resident of a Contracting State in his capacity
    as a member of the board of directors or similar organ of a company
    which is a resident of the other Contracting State may be taxed in that
    other State. 

  2. The remuneration which a person
    to
    whom paragraph 1 applies derives from the company in respect of the
    discharge of day-to-day functions of a managerial or technical nature
    may be taxed in accordance with the provisions of Article 15. 

Article 17
ARTISTES AND ATHLETES

  1. Notwithstanding the provisions
    of
    Articles 14 and 15, income derived by a resident of a Contracting State
    as an entertainer, such as a theatre, motion picture, radio or
    television artiste, or a musician, or as an athlete, from his personal
    activities as such exercised in the other Contracting State, may be
    taxed in that other Contracting State. 

  2. Where income in respect of
    personal
    activities exercised by an entertainer or an athlete in his capacity as
    such accrues not to the 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
    paragraphs 1 and 2, income derived from activities referred to in
    paragraph 1 performed under a cultural agreement or arrangement between
    the Contracting States shall be exempt from tax in the Contracting
    State in which the activities are exercised if the visit to that State
    is wholly or substantially supported by funds of one or both of the
    Contracting States, a local authority or public institution thereof.

Article 18
PENSIONS

  1. Subject to the provisions of
    paragraph 2 of Article 19, any pension or other similar remuneration
    paid to a resident of one of the Contracting States from [a] source in
    the other Contracting State in consideration of past employment or
    services in that other Contracting State and any annuity paid to such a
    resident from such a source may be taxed in that other State. 

  2. The term “annuity” means a
    stated
    sum payable periodically at stated times during life or during a
    specified or ascertainable period of time under an obligation to make
    the payments in return for adequate and full consideration in money or
    money’s worth. 

Article 19
GOVERNMENT SERVICE

1. (a)

Remuneration, other than a
pension, paid by a Contracting State, or political subdivision or a
local authority thereof to an individual in respect of services
rendered to that State or political subdivision or a local 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 other Contracting State and the individual is a
resident of that other Contracting 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. (a)

Any pension paid by, or out
of
funds to which contributions are made by a Contracting State or
political subdivision or a local authority thereof to an individual in
respect of services rendered to that State or political subdivision or
a local authority shall be taxable only in that State.

(b)

However, such pension shall
be
taxable only in the other Contracting State if the individual is a
resident of, and a national of, that other State.

3.

The provisions of Articles
15,
16, and 18 shall apply to remuneration and pensions in respect of
services rendered in connection with a business carried on by a
Contracting State or political subdivision or a local authority thereof.

Article 20
TEACHERS AND RESEARCHERS

An
individual who is, or immediately before visiting a Contracting State
was, a resident of the other State and is present in the
first-mentioned Contracting State, for the primary purpose of teaching,
giving lectures or conducting research at a university, college, school
or educational institution or scientific research institution
accredited by the Government of the first-mentioned Contracting State
shall be exempt from tax in the first-mentioned Contracting State, for
a period of two years from the date of his first arrival in the
first-mentioned Contracting State, in respect of remuneration for such
teaching, lectures or research.

Article 21
STUDENTS AND TRAINEES

A
student, business apprentice or trainee who is or was immediately
before visiting a Contracting State a resident of the other State and
who is present in the first-mentioned State solely for the purpose of
his education [or] training shall be exempt from tax in that
first-mentioned State on the following payments or income received or
derived by him for the purpose of his maintenance, education or
training:

(a)

payments derived form sources outside that
Contracting
State for the purpose of his maintenance, education, study, research or
training; and 

(b)

grants, scholarships or awards supplied by
the
Government, or a scientific, educational, cultural or other tax-exempt
organization; and

(c)

income derived from personal services
performed in that
Contracting State in accordance with the laws of that State. 

Article 22
OTHER INCOME

Items of income of a resident of a
Contracting State which are not expressly mentioned in the foregoing
Articles of this Agreement shall be taxable only in that State except
that, if such income is derived from sources within the other
Contracting State, it may also be taxed in that other State.

Article 23
METHODS FOR ELIMINATION OF DOUBLE TAXATION

Double taxation shall be eliminated
as
follows:

(a)

Where a resident of a
Contracting
State derives income from the other Contracting State the amount of tax
that is payable in that other Contracting State in accordance with the
provisions of this Agreement may be deducted from the first-mentioned
Contracting State tax imposed on that resident. The amount of the
deduction, however, shall not exceed the amount of the first-mentioned
Contracting State tax on that income computed in accordance with the
taxation laws and regulations of the first-mentioned Contracting
State. 

(b) (1)

For the purpose of allowance
as a
deduction in a Contracting State the tax paid in the other Contracting
State shall be deemed to include the tax which is otherwise payable in
that other State but has been reduced or waived by that State under its
legal provisions for tax incentives. 

(2) This provision
shall apply for the first five years for which this Agreement is
effective and the competent authorities shall consult each other to
determine the specific tax incentive legislation in respect of which
this provision shall apply.

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. 

  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
    Contracting 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. Except where the provisions of
    paragraph 1 of Article 9, paragraph 7 of Article 11, or paragraph 6 of
    Article 12, apply, interest, royalties and other disbursements paid by
    an enterprise of a Contracting State to a resident of the other
    Contracting State shall, for the purpose of determining the taxable
    profits of such enterprise, be deductible under the same conditions as
    if they have been paid to a resident of the first-mentioned
    State. 

  4. 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 State to any taxation or
    any requirements connected therewith which is other or more burdensome
    than the taxation and connected requirements to which other similar
    enterprises of the first-mentioned State are or may be
    subjected. 

  5. In this Article the term
    “taxation” means taxes which are the subject of this Agreement.

Article 25
MUTUAL AGREEMENT PROCEDURE

  1. Where a person considers that
    the
    actions of one or both of the Contracting States result or will result
    for him in taxation not in accordance with the provisions of this
    Agreement, he may, irrespective of the remedies provided by the
    domestic law 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. The case must be presented within
    three years from the first notification of the action resulting in
    taxation not in accordance with the provisions of the
    Agreement. 

  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 a satisfactory 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 provisions of this Agreement. 

  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 Agreement. They may also consult together for the elimination of
    double taxation in cases not provided for in this Agreement. 

  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. 

Article 26
EXCHANGE OF INFORMATION

  1. The competent authorities of the
    Contracting States shall exchange such information as is necessary for
    carrying out the provisions of this Agreement or of the domestic laws
    of the Contracting States concerning taxes covered by the Agreement,
    insofar as the taxation thereunder is not contrary to the Agreement, in
    particular for the prevention of fraud or evasion of such taxes. 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.
    However, if the information is originally regarded as secret in the
    transmitting State it 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 covered by the
    Agreement. Such persons or authorities shall use the information only
    for such purposes. They 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 a Contracting State 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 information which is 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 (ordre public). 

Article 27
DIPLOMATIC AGENTS AND CONSULAR OFFICERS

Nothing
in this Agreement 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
ENTRY INTO FORCE

  1. This Agreement shall enter into
    force on the later of the dates on which the respective Governments may
    notify each other in writing that the formalities constitutionally
    required in their respective States have been complied with. 

  2. This Agreement shall have
    effect:

    (a)

    with respect to taxes
    withheld at source, on or after the first day of January in the
    calendar year next following that in which the Agreement enters into
    force; and 

    (b)

    with respect to other
    taxes
    for all taxable periods beginning on or after the first day of January
    in the calendar year next following that in which the Agreement enters
    into force.

Article 29
TERMINATION

This
Agreement shall remain in force until terminated by a Contracting
State. Either Contracting State may terminate the Agreement, through
diplomatic channels, by giving notice of termination at least six
months before the end of any calendar year after a period of 5 years
following its entry into force.

In such event, the Agreement shall
cease to have effect:

(a)

with respect to taxes
withheld at
source, for amounts paid or credited on or after the day of January of
the next following calendar year in which the notice of termination is
given;

(b)

with respect to other taxes
on
income, for any taxable year beginning on or after the first day of
January in the next following calendar year in which the notice of
termination is given. 

lN WITNESS WHEREOF the undersigned,
duly authorized thereto, have signed this Agreement.

Done in duplicate at Ulan Bator this
2nd day of July
1996 in the Indonesian, Mongolian and English languages, all texts
being equally authentic. In case of divergency of interpretation, the
English text shall prevail.

FOR THE GOVERNMENT OF
THE REPUBLIC OF INDONESIA
sgd

FOR THE GOVERNMENT OF
MONGOLIA
sgd