Poland

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

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

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

Article 1
PERSONAL SCOPE

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

Article 2
TAXES COVERED

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

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

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

    (a) in Indonesia :
    the income tax imposed under the Undang-undang Pajak Penghasilan 1984 (Law No. 7 of 1983),
    (hereinafter referred to as “Indonesian tax”);
    (b) in Poland :
    (i) the income tax;
    (ii) the tax on wages and salaries;
    (iii) the equalization tax;
    (iv) the corporate tax;
    (v) the agricultural tax;
    (hereinafter referred to as “Polish tax”).
  4. The Agreement shall also apply to any identical or substantially similar taxes on income which are
    imposed after the date of signature of the Agreement in addition to, or in place of, those referred to
    in paragraph 3. 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 Agreement, unless the context otherwise requires :

    (a) (i)

    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 sovereignty, sovereign
    rights or jurisdiction in accordance with international law; 

    (ii)

    the term “Poland” means the territory of the Republic of Poland, including any area outside
    its territorial sea within which under the laws of Poland and in accordance with international
    law the sovereign rights of Poland with respect to the seabed and its subsoil and their
    natural resources may be exercised; 

    (b)

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

    (c)

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

    (d)

    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; 

    (e)

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

    (f)

    the term “competent authority” means: 

    (i)

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

    (ii)

    in the case of Poland :
    The Minister of Finance or his authorized representative;

    (g)

    the term “national” means: 

    (i)

    any individual possessing the nationality of a Contracting State; 

    (ii)

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

    (h)

    the term “a Contracting State and the other Contracting State” means Indonesia and Poland as
    the context requires. 

  2. As regards the application of this 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
    State concerning the taxes to which the Agreement applies. 

Article 4
RESIDENT

  1. For the purpose 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 or any other criterion of a similar nature. 

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

    (a)

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

    (b)

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

    (c)

    if he has an habitual abode in both Contracting 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, the competent authorities of the Contracting States shall settle the question
    by mutual agreement. 

Article 5
PERMANENT ESTABLISHMENT

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

  2. The term “permanent establishment” includes especially: 

    (a) a place of management;
    (b) a branch;
    (c) an office;
    (d) a factory;
    (e) a workshop;
    (f) premises used as domestic sales outlet;
    (g)

    a warehouse, in relation to a person providing storage facilities for others; 

    (h)

    a farm or plantation or other place where agricultural, pastoral, forestry or plantation
    activities are carried on; 

    (i)

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

  3. The term “permanent establishment” likewise encompasses: 

    (a)

    a building site, a construction, assembly or installation project or supervisory activities in
    connection therewith, but only where such site, project or activities continue in one of the
    Contracting States for a period of more than 183 days; 

    (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 120 days 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; the used of facilities solely for the purpose of storage or
    display of goods or merchandise belonging to the enterprise;

    (b)

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

    (c)

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

    (d)

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

    (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; 

    (b)

    has no such authority, but habitually maintains in the first- mentioned State a stock of goods
    or merchandise from which he regularly fills domestic orders on behalf of the enterprise;
    or 

    (c)

    manufactures or processes in that State for the enterprise goods or merchandise belonging to
    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 in no less than 60% of the activities on behalf of that enterprise or its associated
    enterprises, he will not be considered an agent of an independent status within the meaning of this
    paragraph. 

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

Article 6
INCOME FROM IMMOVABLE PROPERTY

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

  2. The term “immovable property” shall have the meaning which it has under the law of the Contracting
    State in which the property in question is situated. The term shall in any case include property
    accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to
    which the provisions of general law respecting landed property apply, usufruct of immovable property
    and rights to variable or fixed payments as consideration for the working of, or the right to work,
    mineral deposits, sources and other natural resources, and a right to receive payments as
    consideration for or in respect of the exploitation of or the right to explore for or exploit mineral,
    oil or gas deposits, quarries or other places of extraction or exploitation of natural resources;
    ships, boats and aircraft shall not be regarded as immovable property. 

  3. The provisions of paragraph 1 shall also 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 activities carried on in that other State of the same or similar kind as those
    effected through that permanent establishment.
  2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on
    business in the other Contracting State through a permanent establishment situated therein, there
    shall in each Contracting State be attributed to that permanent establishment the profits which it
    might be expected to make if it were a distinct and separate enterprise engaged in the same or similar
    activities under the same or similar conditions and dealing wholly independently with the enterprise
    of which it is a permanent establishment. 

  3. In determining the profits of a permanent establishment, there shall be allowed as deductions expenses
    which are incurred for the purposes of the business of the permanent establishment including executive
    and general administrative expenses so incurred, whether in the State in which the permanent
    establishment is situated or elsewhere. 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 moneys 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 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 moneys lent to the head office of the enterprise or any of its other offices.

  4. Insofar as it has been customary in a Contracting State to determine the profits to be attributed to a
    permanent establishment on the basis of an apportionment of the total profits of the enterprise to its
    various parts, nothing in paragraph 2 shall preclude that Contracting State from determining the
    profits to be taxed by such an apportionment as may be customary; the method of apportionment adopted
    shall, however, be such that the result shall be in accordance with the principles contained 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 purpose 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
    Agreement, then the provisions of those Articles shall not be affected by the provisions of this
    Article. 

Article 8
SHIPPING AND AIR TRANSPORT

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

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

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

Article 9
ASSOCIATED ENTERPRISE

  1. Where :

    (a)

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

    (b)

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

    and in either case conditions are made or imposed between the two enterprises in their
    commercial or financial relations which differ from those which would be made between
    independent enterprises, then any profits which would, but for those conditions, have accrued
    to one of the enterprises, but, by reason of those conditions, have not so accrued, may be
    included in the profits of that enterprise and taxed accordingly.
  2. Where 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. 

  3. Where profits on which an enterprise of one of the Contracting States has been charged to tax in that
    State are also included, by virtue of paragraph 1 or 2, in the profits of an enterprise of the other
    Contracting State and charged to tax in that other State, and the profits so included are profits
    which might have been expected to have accrued to that enterprise of the other State if the conditions
    operative between the enterprises had been those which might have been expected to have operated
    between independent enterprises dealing wholly independently with one another, then the
    first-mentioned State shall make an appropriate adjustment to the amount of tax charged on those
    profits in the first-mentioned State. In determining such an adjustment, due regard shall be had to
    the other provisions of this Agreement and for this purpose the competent authorities of the
    Contracting States shall if necessary consult each other. 

  4. A Contracting State shall not change the profits of an enterprise in the circumstances referred to in
    paragraph 3 after the expiry of the time limits provided in its national laws. 

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: 

    (a)

    10% of the gross amount of the dividends if the beneficial owner is a company which holds
    directly at least 20% of the capital of the paying company; 

    (b)

    15% of the gross amount of the dividends in all other cases. 

  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 that other State. 

  6. 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% 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 or any other similar contracts relating to oil and gas sector or other
    mining sector concluded by the Government of Indonesia, its instrumentality, its relevant state oil
    and gas company or any other entity thereof with a person who is a resident of Poland. 

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

  3. Notwithstanding the provisions of paragraph 2, interest arising in a Contracting State and 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, shall be
    exempt from tax in the first-mentioned State. 

  4. For the purposes of paragraph 3: 

    (a) In the case of Indonesia :
    (i) the term “the Central Bank” means the “Bank Indonesia”;
    (ii) tthe term “financial institution controlled by that Government” means such other financial
    institution, the capital of which is wholly owned by the Government of the Republic of Poland,
    as may be agreed upon from time to time between the competent authority of the Contracting
    States.
    (b) In the case of Poland :
    (i) the term “the Central Bank” means the “Narodowy Bank Polski”;
    (ii) the term “financial institution controlled by that Government” means such other financial
    institution, the capital of which is wholly owned by the Government of the Republic of Poland,
    as may be agreed upon from time to time between the competent authority of the Contracting
    States.
  5. The term “interest” as used in this Article means income from debt-claims of every kind, whether or
    not secured by a 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 by the taxation law of the State in which the income arises, including
    interest on deferred payment sales.

  6. 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.
  7. Interest 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 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. 

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

Article 12
ROYALTIES

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

  2. However, such royalties may also be taxed in the Contracting State in which they arise, and according
    to the laws of that State, but if the recipient is the beneficial owner of the royalties the tax so
    charged shall not exceed 15% of the gross amount of the royalties. The competent authorities of the
    Contracting States shall by mutual agreement settle the mode of application of this limitation. 

  3. The term “royalties” as used in this Article means payments, whether periodical or not, and in
    whatever form or name or nomenclature to the extent to which they are made as consideration for: 

    (a)

    the use of, or the right to use, any copyright, patent, design or model, plan, secret formula
    or process, trademark or other like property or right; or 

    (b)

    the use of, or the right to use, any industrial, commercial or scientific equipment; or 

    (c)

    the supply of scientific, technical, industrial or commercial knowledge or information;
    or 

    (d)

    the supply of any assistance that is ancillary and subsidiary or enjoyment of, any such
    property or right as is mentioned in subparagraph (a), any such equipment as is mentioned in
    subparagraph (b) or any such knowledge or information as is mentioned in subparagraph (c);
    or 

    (e)

    the use of, or the right to use :

    (i)

    motion picture films; or

    (ii)

    films or video for use in connection with televisions; or

    (iii)

    tapes for use in connection with radio broadcasting; or

    (f)

    total or partial forbearance in respect of the use or supply of any property or right referred
    to in this paragraph. 

  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.
  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 Agreement.

Article 13
CAPITAL GAINS

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

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

  3. Gains derived by a resident of a Contracting State from the alienation of aircraft or ships operated
    in international traffic or movable property pertaining to the operation of such aircraft or ships
    shall be taxable only in that State. 

  4. Gains from the alienation of any property other than that 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 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 unless he has a fixed base
    regularly available to him in the other Contracting State for the purpose of performing his activities
    or he is present in that other State for a period or periods exceeding in the aggregate 91 days in any
    taxable year. If he has such a fixed base or remains in that other State for the aforesaid period or
    periods, the income may be taxed in that other State but only so much of it as is attributable to that
    fixed base or is derived in that other State during the aforesaid period or periods. 

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

Article 15
DEPENDENT PERSONAL SERVICES

  1. Subject to the provisions of Articles 16, 18, 19 and 20, salaries, wages and other similar
    remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable
    only in that State unless the employment is exercised in the other Contracting State. If the
    employment is so exercised, such remuneration as is derived therefrom may be taxed in that other
    State. 

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

    (a)

    the recipient is present in that other State for a period or periods not exceeding in the
    aggregate 183 days within any taxable year; and

    (b)

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

    (c)

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

  3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an
    employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a
    Contracting State shall be taxable only in that State. 

Article 16
DIRECTORS’ FEES

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

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

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 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 the other Contracting State, a local authority
    or public institution thereof.

Article 18
PENSIONS

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

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

Article 19
GOVERNMENT SERVICES

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
authority shall be taxable in that State.

(b)

However, such remuneration shall be taxable only in the other Contracting State if the services
are rendered in that other 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. (a)

Any pension paid by, or out of funds created 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
authority shall be taxable only in that State. 

(b)

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

3.

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

Article 20
TEACHERS, RESEARCHERS AND STUDENTS

  1. An individual who visits a Contracting State at the invitation of that State or of a university,
    college, school, museum or other cultural institution of that State or under an official programme of
    cultural exchange for a period not exceeding two years solely for the purpose of teaching, giving
    lectures or carrying out research at such institution and who is, or was immediately before that
    visit, a resident of the other Contracting State shall be exempt from tax in the first-mentioned State
    on his remuneration for such activity, provided that such remuneration is derived by him from outside
    that State. 

  2. Payments which a student, apprentice or business trainee who is or was immediately before visiting a
    Contracting State, a resident of the other Contracting State and who is present in the first-
    mentioned Contracting State solely for the purpose of his education or training, receives for the
    purpose of his maintenance, education or training, shall not be taxed in that first-mentioned
    Contracting State, provided that such payments are made to him from sources outside that Contracting
    State. 

Article 21
OTHER INCOME

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

Article 22
ELIMINATION OF DOUBLE TAXATION

  1. In the case of Poland, double taxation shall be avoided as follows :

    (a)

    Where a resident of Poland derives income which, in accordance with the provisions of this
    Agreement, may be taxed in Indonesia, Poland shall, subject to the provisions of sub-paragraph
    (b), exempt such income from tax but may, in calculating tax on the remaining income of that
    resident, apply the rate of tax which would have been applicable if the exempted income had
    not been so exempted.

    (b)

    Where a resident of Poland derives income, which in accordance with the provisions of Articles
    10, 11 and 12 may be taxed in Indonesia, Poland shall allow as a deduction from the tax on the
    income of that person, an amount equal to the income 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 which may be taxed in Indonesia. 

  2. In Indonesia, double taxation shall be eliminated as follows :
    Where a resident of Indonesia derives income from Poland in accordance with the provisions of this
    Agreement, the amount of Poland 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
    the part of the Indonesian tax which is appropriate to such income.

Article 23
NON-DISCRIMINATION

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

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

  3. Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled,
    directly or indirectly, by one or more residents of the other Contracting State, shall not be
    subjected in the first-mentioned 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. 

  4. In this Article the term “taxation” means taxes referred to in Article 2 of this Agreement. 

Article 24
MUTUAL AGREEMENT PROCEDURE

  1. Where a person considers that the actions of one or both of the Contracting States result or will
    result for him in taxation not in accordance with the provisions of this Agreement, he may,
    irrespective of the remedies provided by the domestic law of those States, present his case to the
    competent authority of the Contracting State of which he is a resident or, if his case comes under
    paragraph 1 of Article 23, to that of the Contracting State of which he is a national. The case must
    be presented within two years from the first notification of the action resulting in taxation not in
    accordance with the provisions of the Agreement. 

  2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is
    not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the
    competent authority of the other Contracting State, with a view to the avoidance of taxation which is
    not in accordance with this Agreement. 

  3. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any
    difficulties or doubts arising as to the interpretation or application of the Agreement. They may also
    consult together for the elimination of double taxation in cases not provided for in the
    Agreement. 

  4. The competent authorities of the Contracting States may communicate with each other directly for the
    purpose of reaching an agreement in the sense of the preceding paragraphs. The competent authorities,
    through consultations, shall develop appropriate bilateral procedures, conditions, methods and
    techniques for the implementation of the mutual agreement procedure provided for in this Article.

Article 25
EXCHANGE OF INFORMATION

  1. The competent authorities of the Contracting States shall exchange such information as is necessary
    for carrying out the provisions of this Agreement or of the domestic laws of the Contracting States
    concerning taxes covered by the Agreement, in so far 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 which are the subject of the Agreement. Such persons or authorities
    shall use the information only for such purposes but 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 26
DIPLOMATIC AGENTS AND CONSULAR OFFICERS

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

Article 27
ENTRY INTO FORCE

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

  2. This Agreement shall have effect in both Contracting States: 

    (a)

    in respect of tax withheld at source, on or after 1 January in the year next following that in
    which the Agreement enters into force; and 

    (b)

    in respect of other taxes, for taxable years beginning on or after 1 January in the year next
    following that in which the Agreement enters into force. 

Article 28
TERMINATION

This Agreement shall remain in force until terminated by a Contracting State. Either Contracting State may
terminate the Agreement, through diplomatic channels, by giving written notice of termination on or before
the thirtieth day of June of any calendar year following after the period of five years from the year in
which the Agreement enters into force.

In such case, the Agreement shall cease to have effect in both Contracting States:

(a)

in respect of tax withheld at source on or after 1 January in the year next following that in
which the notice of termination is given;

(b)

in respect of other taxes, for taxable years beginning on or after 1 January in the year next
following that in which the notice of termination is given.

 

In witness whereof the undersigned, duly authorized thereto, have signed this Agreement.
 

Done in duplicate at Warsaw this 6th day of October 1992 in the Indonesian, Polish and English languages,
all three texts being equally authentic.

 

In case of divergency in the interpretation, the English text shall prevail.

For the Government of
the Republic of Indonesia
For the Government of
the Republic of Poland