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

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

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

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 and on capital 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 and on capital all taxes imposed on total income, on total
    capital, or on elements of income or of capital, including taxes on gains from the alienation of
    movable or immovable property. 

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

    (a) In 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 emended by Law No. 8 of 1970) and the
    tax imposed under the Undang-undang Pajak atas Bunga, Deviden dan Royalty 1970 (Law No. 10 of
    1970)
    (hereinafter referred to as “Indonesian tax”).
    (b) In Norway :
    (i)

    the national tax on income (inntektsskatt til staten);
    (ii)

    the county municipal tax on income (inntektsskatt til fylkeskommunen);
    (iii)

    the municipal tax on income (inntektsskatt til kommunen);
    (iv)

    the national contributions to the Tax Equalisation Fund (fellesskatt til
    Skattefordelingsfondet);
    (v)

    the national tax on capital (formuesskatt til staten);
    (vi)

    the municipal tax on capital (formuesskatt til kommunen);
    (vii)

    the national tax relating to income and capital from the exploration for and the exploitation
    of submarine petroleum resources and activities and work relating thereto, including pipeline
    transport of petroleum produced (skatt til staten vedrrende inntekt og formue i forbindelse
    med underskelse etter og utnyttelse av undersjiske petroleumsforekomster og dertil knyttet
    virksomhet og arbeid, herunder rrledningstransport av utvunnet petroleum);
    (viii)

    the national dues on remuneration to non-resident artistes (avgift til staten av honorarer som
    tilfaller kunstnere bosatt i utlandet);
    (ix) the seamen’s tax (sjmannsskatt);
    (hereinafter referred to as “Norwegian tax”).

  4. The Convention shall also apply to any identical or substantially similar taxes which are imposed by
    either Contracting State after the date of signature of the Convention in addition to, or in place of,
    the existing taxes. The competent authorities of the Contracting States shall notify each other of any
    substantial changes which have been made in their respective taxation laws. 

Article 3
GENERAL DEFINITIONS

  1. For the purposes of this Convention, unless the context otherwise requires: 

    (a)

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

    the term “Norway” means the Kingdom of Norway, including any area outside the territorial
    waters of the Kingdom of Norway where the Kingdom of Norway, according to Norwegian
    legislation and in accordance with international law, may exercise her rights with respect to
    the sea-bed and sub-soil and their natural resources; the term does not comprise Svalbard, Jan
    Mayen and the Norwegian dependencies (“biland”);
    (c)

    the term “nationals” means: 
    (i)

    all individuals possessing the nationality of a Contracting State;
    (ii)

    all legal persons, partnerships and associations deriving their status as such from the laws
    in force in a Contracting State;
    (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 “a Contracting State” and “the other Contracting State” mean Indonesia or Norway as
    the context requires;
    (g)

    the term “tax” means Indonesian tax or Norwegian tax, as the context requires;
    (h)

    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;
    (i)

    the term “competent authority” means: 
    (i)

    in Indonesia, the Minister of Finance or his authorized representative;
    (ii)

    in Norway, the Minister of Finance and Customs or his authorized representative.

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

Article 4
RESIDENT

  1. For the purposes of this Convention, 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 or any other criterion of a similar nature. But this term does not include any person who
    is liable to tax in that State in respect only of income from sources in that State or capital
    situated therein.

  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. 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 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, and
    (f)

    a mine, an oil or gas well, a quarry or any other place of extraction 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 six 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 three 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, for the
    supply of information, for scientific research or for similar activities which have a
    preparatory or auxiliary character, for the enterprise; 
    (f)

    the maintenance of a fixed place of business solely for any combination of activities
    mentioned in sub-paragraphs (a) to (e), 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 an
    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 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 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. 

  6. 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 that other
    State or insures risks situated therein through an employee or through a representative who is not an
    agent of an independent status within the meaning of paragraph 7. 

  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 will not be considered an agent of an
    independent status within the meaning of this paragraph, unless he demonstrates that transactions have
    been made under arms’ length conditions. 

  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 or similar kind as those sold
    through that permanent establishment; or
    (c)

    other business actives carried on in the 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. However, no such deduction shall be allowed in respect of
    amounts, if any, paid (otherwise than towards reimbursement of actual expenses) by the permanent
    establishment to the head office of the enterprise or any of its other offices, by way of royalties,
    fees or other similar payments in return for the use of patents or other rights, or by way of
    commission, for specific services performed or for management, or, except in the case of a banking
    enterprise, by way of interest on money lent to the permanent establishment. Likewise, no account
    shall be taken, in the determination of the profits of a permanent establishment, for amounts charged
    (otherwise than towards reimbursement of actual expenses), by the permanent establishment to the head
    office of the enterprise or any of its other offices, by way of royalties, fees or other similar
    payments in return for the use of patent or other rights, or by way of commission for specific
    services performed or for management, or, except in the case of a banking enterprise, by way of
    interest on moneys lent to the head office of the enterprise of any of its other offices. 

  4. In the absence of appropriate accounting or other data permitting the determination of the profits to
    be attributed to a permanent establishment, the tax may be assessed in the Contracting State in which
    the permanent establishment is situated in accordance with the laws of that State, in particular
    regard being had to the normal profits of similar enterprises engaged in the same or similar
    conditions, provided that, on the basis of the available information, the determination of the profits
    of the permanent establishment is consistent with the principles stated in this Article. 

  5. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that
    permanent establishment of goods or merchandise for the enterprise. 

  6. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent
    establishment shall be determined by the same method year by year unless there is good and sufficient
    reason to the contrary. 

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

Article 8
SHIPPING AND AIR TRANSPORT

  1. Profits from the operation of ships or aircraft in international traffic shall be taxable only in the
    Contracting State in which the enterprise operating the ships or aircraft is resident. 

  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. The provisions of paragraphs 1 and 2 shall apply to profits derived by the joint Norwegian, Danish and
    Swedish air transport consortium Scandinavian Airlines System (SAS), but only in so far as profits
    derived by Det Norske Luftfartsselskap A/S (DNL), the Norwegian partner of the Scandinavian Airlines
    System (SAS), are in proportion to its share in that organization. 

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 not so accrued, may be
included in the profits of that enterprise and taxed accordingly.

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 15% of the gross amount of the
    dividends.
    The provisions of 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 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. 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
    the company’s 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. Notwithstanding any other provisions of this Convention 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 15% of the amount of such profits after
    deducting therefrom income tax and other taxes on income imposed thereon in that other State. .

  7. The provisions 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 oil
    and gas sector or other mining sector concluded on or before 31 December 1983, by the Government of
    Indonesia, its instrumentality, its relevant state oil and gas company or any other entity thereof
    with a person who is resident of Norway. 

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 laws of that State, but if the recipient is the beneficial owner of the interest the tax so
    charged shall not exceed 10% of the gross amount of the interest. 

  3. Notwithstanding the provisions of paragraph 2, interest shall be exempt from tax in the Contracting
    State in which it arises if: 

    (a)

    the interest is beneficially owned by a Contracting State, a political subdivision or local
    authority thereof or an instrumentality, subdivision or authority of a Contracting State which
    is not subject to tax by that State;
    (b)

    the interest is beneficially owned by a resident of a Contracting State with respect to debt
    obligations guaranteed by that State, a political subdivision or local authority thereof or an
    instrumentality, subdivision or authority of such State which is not subject to tax by that
    State.

  4. The term “interest” as used in this Article means income from debt-claims of every kind, whether or
    not secured by a mortgage, and in particular, income from government securities and income from bonds
    or debentures, including premiums and prizes attaching to such securities, bonds or debentures,
    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
    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 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: 

    (a)

    15% of the gross amount of royalties as defined in paragraph 3(a); and 
    (b)

    10% of the gross amount of royalties as defined in paragraph 3(b). 

  3. The term “royalties” as used in this Article means payments of any kind received as a
    consideration: 

    (a)

    for the use of, or the right to use, any copyright of literary, artistic or scientific work
    including cinemato graph films or films or tapes for radio or television broadcasting;
    and 
    (b)

    any patent, trade mark, design or model, plan, secret formula or process, and 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 State
    independent personal 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 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 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 payment shall remain
    taxable according to the laws of each Contracting State, due regard being had to the other provisions
    of this Convention.

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 derived by a resident of a Contracting State 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.  

    With respect to gains derived by the Norwegian, Danish and Swedish air transport consortium
    Scandinavian Airlines System (SAS), the provisions of this paragraph shall apply only to such
    proportion of the gains as corresponds to the participation held in that consortium by Det Norske
    Luftfartsselskap (DNL) the Norwegian partner of Scandinavian Airlines System (SAS).

  4. Gains from the alienation of shares in a company which is a resident of a Contracting State may be
    taxed in that State, but only if the shares alienated form part of an interest of at least 30% in the
    company.

  5. Gains from the alienation of any property other than those referred to in the preceding paragraphs
    shall be taxable only in the Contracting State of which the alienator is a resident.

Article 14
INDEPENDENT PERSONAL SERVICES

  1. Income derived by an individual who is 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. However,
    such income may also be taxed in the other Contracting State if: 

    (a) the individual is present in the other State for a period or periods exceeding in the aggregate
    90 days in any period of twelve months; or
    (b) the individual has a fixed base regularly available to him in that other State for the purpose
    of performing his activities;
    but only so much thereof as is attributable to services performed 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, 17, 18, 19, 20 and 21, 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 firsts-mentioned State if:

    (a)

    the recipient is present in that other State for a period or periods not exceeding in the
    aggregate 183 days in any period of twelve 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 that 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 international traffic by an enterprise of a
    Contracting State shall be taxable only in that State. 

  4. Where a resident of Norway 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 taxable only in Norway. 

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 or any other similar organ of a company which is a resident of the other
Contracting State may be taxed in that other State.

Article 17
ARTISTES AND ATHLETES

  1. Notwithstanding the provisions of Articles 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 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 paragraph 1 and 2, income derived from such activities are defined
    in paragraph 1 performed under a cultural agreement concluded between the two Contracting States,
    shall be taxable only in the State of which the entertainer or athlete is a resident.

Article 18
PENSIONS, ALIMONY, ANNUITIES, AND PAYMENTS UNDER A SOCIAL SECURITY SYSTEM

  1. Pensions (including government pensions and payments under a social security system), alimony and
    annuities paid to a resident of a Contracting State shall be taxable only in that State. However, such
    pensions paid from sources within a Contracting State may be taxed in that 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 moneys worth.

  3. Notwithstanding the provisions of paragraph 1, any alimony or other maintenance payment paid by a
    resident of one of the Contracting States to a resident of the other Contracting State, shall, to the
    extent it is not allowable as a relief to the payer, be taxable only in the first-mentioned 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.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.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 other than pensions in respect of
services rendered in connection with a business carries on by a Contracting State or a political
subdivision or a local authority thereof.

Article 20
STUDENTS

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 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 arise from sources outside that
State.

Article 21
OFFSHORE ACTIVITIES

  1. The provisions of this Article have effect notwithstanding any other provision of this
    Convention. 

  2. A person who is a resident of a Contracting State and carries on activities offshore in the other
    Contracting State in connection with the exploration or exploitation of the sea-bed and sub-soil and
    their natural resources situated in that other State shall, subject to paragraphs 3 and 4 of this
    Article, be deemed in relation to those activities to be carrying on business in that other State
    through a permanent establishment or fixed base situated therein. 

  3. The provisions of paragraph 2 shall not apply where the activities are carried on for a period not
    exceeding 30 days in the aggregate in any twelve months’ period. However, for the purposes of this
    paragraph: 

    (a)

    activities carried on by an enterprise associated with another enterprise shall be regarded as
    carried on by the enterprise with which it is associated if the activities in question are
    substantially the same as those carried on by the last-mentioned enterprise; 
    (b)

    two enterprises shall be deemed to be associated if one is controlled directly or indirectly
    by the other, or both are controlled directly or indirectly by a third person or persons.

  4. Paragraph 2 of this Article shall not apply where a resident of a Contracting State carries on
    transportation of supplies or personnel to a location, or between locations, where activities in
    connection with the exploration or exploitation of the sea-bed and sub-soil and their natural
    resources are being carried on in the other Contracting State, or operate tugboats and other vessels
    auxiliary to such activities. 

5.

 (a)

Subject to sub-paragraph (b) of this paragraph, salaries, wages and similar remuneration derived
by a resident of a Contracting State in respect of an employment connected with the exploration or
exploitation of the sea-bed and sub-soil and their natural resources situated in the other
Contracting State may, to the extent that the duties are performed offshore in that other State,
be taxed in that other State provided that the employment offshore is carried on for a period
exceeding 30 days in the aggregate in any twelve months’ period. 
(b)

Sub-paragraph (a) of this paragraph shall not apply to salaries, wages and similar remuneration
derived by a resident of a Contracting State in respect of an employment exercised aboard a ship
or aircraft engaged in the transportation of supplies or personnel to a location, or between
locations, where activities connected with the exploration or exploitation of the sea-bed and
sub-soil and their natural resources are being carried on in the other Contracting State, or in
respect of an employment exercised aboard tugboats or other vessels operated auxiliary to such
activities.

  1. Gains derived by a resident of a Contracting State from the alienation of:

    (a)

    exploration or exploitation rights, or
    (b)

    property situated in the other Contracting State and used in connection with the exploration
    or exploitation of the sea-bed and sub-soil and their natural resources situated in that other
    State, or
    (c)

    shares deriving their value or the greater part of their value directly or indirectly from
    such rights or such property or from such rights and such property taken together,
    may be taxed in that other State.

    In this paragraph “exploration and exploitation rights” means rights to assets to be produced
    by the exploration or exploitation of the sea-bed and sub-soil and their natural resources in
    the other Contracting State, including rights to interests in or to the benefit of such
    assets.

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
CAPITAL

  1. Capital represented by immovable property referred to in Article 6, owned by a resident of a
    Contracting State and situated in the other Contracting State may be taxed in that other State.

  2. Capital represented by 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 by
    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, may be taxed in
    that other State. 

  3. Capital represented by ships and aircraft operated in international traffic and by movable property
    pertaining to the operation of such ships and aircraft shall be taxable only in the Contracting State
    in which the operator is resident.

  4. All other elements of capital of a resident of a Contracting State shall be taxable only in that
    State.

Article 24
ELIMINATION OF DOUBLE TAXATION

  1. In 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 Norway in accordance with the
    provisions of this Convention; 
    (b)

    where a resident of Indonesia derives income from Norway and such income may be taxed in
    Norway in accordance with the provisions of this Convention, the amount of Norwegian 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 such income. 

  2. In Norway double taxation shall be avoided as follows:

    (a)

    where a resident of Norway derives income or owns capital which, in accordance with the
    provisions of this Convention, may be taxed in Indonesia, Norway shall, subject to the
    provisions of sub-paragraph (b), exempt such income or capital from tax but may, in
    calculating tax on the remaining income or capital of that person, apply the rate of tax which
    would have been applicable if the exempted income or capital had not been so exempted; 

    (b)

    where a resident of Norway derives items of income which, in accordance with the provisions of
    Articles 10, 11, 12, paragraph 4 of Article 13 and Articles 16, 21 and 22 may be taxed in
    Indonesia, Norway shall allow as a deduction from the tax on the income of that person an
    amount equal to the tax paid in Indonesia. Such deduction shall not, however, exceed that part
    of the tax, as computed before the deduction is given, which is appropriate to the income
    derived from Indonesia; 
    (c)

    for the purpose of sub-paragraph (b), when calculating the deduction from Norwegian tax, tax
    paid in Indonesia shall be deemed to include the amount of Indonesian tax which would have
    been payable if the Indonesian tax had not been exempted or reduced in accordance with the
    provisions on special incentive measures under Indonesian Law No. 1 of 1967. This provision
    shall cease to have effect after 31 December 1992. 

Article 25
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 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. 
    If a company of a Contracting State has a permanent establishment in the other Contracting State, that
    other State may tax the permanent establishment at the rate applying to non-distributed profits of a
    company resident of that other State.

  3. Except where the provisions of Article 9, paragraph 7 of Article 11 or paragraph 4 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 had been paid to a resident of the
    first-mentioned State. Similarly, any debts of an enterprise of a Contracting State to a resident of
    the other Contracting State shall, for the purpose of determining the taxable capital of such
    enterprise, be deductible under the same conditions as if they had been contracted 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 requirement 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. The provisions of this Article shall not be construed as obliging a Contracting State to grant to
    nationals of the other Contracting State not being nationals of the first Contracting State any
    exceptional tax relief accorded to repatriating nationals of this Contracting State. 

  6. Nothing contained in this Article shall be construed as to prevent either Contracting State from
    limiting to its nationals the enjoyment of tax incentives and any tax of a preferential nature
    designed in pursuance of its programme of economic development. 

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

Article 26
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 Convention, 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 26, to that of the Contracting State of which he is a national. The case must
    be presented within three years from the receipt of the first notification of the action resulting in
    taxation not in accordance with the provisions of 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 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 Convention. Any agreement reached shall be implemented notwithstanding any
    time limits in the domestic law 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. They may
    also consult together for the elimination of double taxation in cases not provided for in 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 27
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 Convention and of the domestic laws of the Contracting States
    concerning taxes covered by the Convention, insofar as the taxation thereunder is not contrary to the
    Convention, 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 and
    shall be disclosed only to persons or authorities (including courts and administrative bodies)
    involved in the assessment or collection of, enforcement or prosecution in respect of, or the
    determination of appeals in relation to, the taxes covered by the Convention. 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 28
DIPLOMATIC AGENTS AND CONSULAR OFFICERS

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

Article 29
ENTRY INTO FORCE

  1. This Convention shall be ratified and the instruments of ratification shall be exchanged at olso as
    soon as possible.

  2. The Convention shall enter into force upon the exchange of instruments of ratification and its
    provisions shall have effect:

    (a)

    In Indonesia:
    in respect of income derived on or after 1 January of the year next following that of the
    entry into force of the Convention.
    (b)

    In Norway:
    in respect of taxes on income or on capital relating to the calendar year (including
    accounting periods beginning in any such year) next following that in which the Convention
    enters into force.

Article 30
TERMINATION

This Convention shall remain in force until terminated by one of the Contracting States. Either
Contracting State may terminate the Convention, through the diplomatic channel, by giving notice of
termination at least six months after the expiration of the fifth year after the year in which this
Convention enters into force. In such event, the Convention shall cease to have effect:

  1. in Indonesia:
    in respect of income derived on or after 1 January of the year next following, that in which the
    notice of termination is given;

  2. in Norway:
    in respect of taxes on income or on capital relating to the calendar year (including accounting
    periods beginning in such year) next following that in which the notice is given.

In witness whereof the undersigned, duly authorised thereto by their respective Governments, have signed
this Convention.
 

Done in duplicate at Jakarta on the 19th day of July 1988, in the English language.

FOR THE GOVERNMENT OF
THE REPUBLIC OF INDONESIA

FOR THE GOVERNMENT OF
THE KINGDOM OF NORWAY

PROTOCOL

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

  1. To Articles 7, 11 and 12
    The provisions of sub-paragraphs (b) and (c) of paragraph 1 of Article 7, paragraph 5 of Article 11
    and paragraph 4 of Article 12 shall not apply if the enterprise proves that such sales or activities
    could not have been reasonably undertaken by the permanent establishment.

  2. To Article II paragraph 3.
    It is understood that the term “interest” includes commitment fees and guarantee fees.

  3. To Article 15
    Paragraph 2 of Article 15 shall not apply to remuneration derived by a resident of a Contracting
    State, in this paragraph called “the employee”, and paid by or on behalf of an employer who is
    resident of that State in respect of an employment exercised in the other Contracting State where:

    (a)

    the employee renders services in the course of that employment to a person other than the
    employer who, directly or indirectly, supervises, directs or controls the manner in which
    those services are performed; and
    (b)

    the employer is not responsible for carrying out the purposes for which the services are
    performed.

  4. To Article 26
    Paragraph 3 of Article 26 shall not prohibit a Contracting State to apply regulations determining the
    debt to equity ratio of enterprises resident of that State, for the purpose of determining the
    deductibility of the interest paid by those enterprises.

In witness whereof the undersigned, duly authorised thereto by their respective Governments, have signed
this Protocol.
 
Done in duplicate at Jakarta on the 19th day of July 1988, in the English language.

FOR THE GOVERNMENT OF
THE REPUBLIC OF INDONESIA

FOR THE GOVERNMENT OF
THE KINGDOM OF NORWAY

 

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