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
-
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. -
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. -
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”). -
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
-
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; -
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
-
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. -
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. -
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
-
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. -
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. -
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. -
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. -
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. -
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. -
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. -
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
-
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. -
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. -
The provisions of paragraph 1
shall
apply to income derived from the direct use, letting or use in any
other form of immovable property. -
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
-
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. -
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. -
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. -
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. -
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. -
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
-
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. -
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
-
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. -
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
-
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. -
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. -
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. -
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. -
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. -
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
-
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. -
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. -
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. -
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. -
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. -
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. -
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
-
Royalties arising in a
Contracting
States and paid to a resident of the other Contracting State may be
taxed in that other State. -
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. -
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. -
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. -
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. -
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
-
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. -
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. -
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. -
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
-
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. -
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
-
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. -
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. -
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
-
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. -
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
-
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. -
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. -
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
-
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. -
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 |
|
(b) |
However, such remuneration |
||
(i) |
is a national of that |
||
(ii) |
did not become a resident of |
||
2. | (a) |
Any pension paid by, or out |
|
(b) |
However, such pension shall |
||
3. |
The provisions of Articles |
Article 20
TEACHERS AND RESEARCHERS
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
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 |
(b) |
grants, scholarships or awards supplied by |
(c) |
income derived from personal services |
Article 22
OTHER INCOME
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 |
|
(b) | (1) |
For the purpose of allowance |
(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
-
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. -
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. -
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. -
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. -
In this Article the term
“taxation” means taxes which are the subject of this Agreement.
Article 25
MUTUAL AGREEMENT PROCEDURE
-
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. -
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. -
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. -
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
-
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. -
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
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
-
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. -
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
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 |
(b) |
with respect to other taxes |
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 |
FOR THE GOVERNMENT OF |