AGREEMENT BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF THE REPUBLIC OF SUDAN
FOR
THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL
EVASION WITH RESPECT TO TAXES ON INCOME
Article 1
PERSONAL SCOPE
This Agreement shall apply to
persons
who are residents of one or both of the Contracting States.
Article 2
TAXES COVERED
-
This Agreement shall apply to
taxes
on income imposed on behalf of each Contracting State or of its
political subdivisions or local authorities, irrespective of the manner
in which they are levied. -
There shall be regarded as taxes
on
income all taxes imposed on total income, or on elements of income,
including taxes on gains from the alienation of movable or immovable
property. -
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 Number 7 of 1983 as amended);
(hereinafter referred to as “Indonesian tax”);(b) in the Republic of Sudan: (i) the
income tax;(ii) the
capital gains tax;(hereinafter
referred to as “Sudan tax”). -
The Agreement shall apply also
to
any identical or substantially similar taxes which are imposed after
the date of signature of the Agreement in addition to, or in place of,
the existing taxes. 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 DEFINITION
-
For the purposes of this
Agreement, unless the context otherwise requires;(a) (i) the
term “Indonesia” means the territory of the Republic of Indonesia as
defined in its laws;(ii) the term
“Sudan” means the territory of the Republic of Sudan as defined in its
laws;(b) the term
“company” means any body corporate or any entity which is treated as a
body corporate for tax purposes;(c) the term
“person” includes an individual, a company and any other body of
persons;(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 Indonesia:
the Minister of Finance or his authorized representative;
(ii) in the case of the
Sudan:
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. -
As regards the application of
the
Agreement by a Contracting State any term not defined therein shall,
unless the context otherwise requires, have the meaning which it has
under the laws of that State concerning the taxes to which the
Agreement applies.
Article 4
RESIDENT
-
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. -
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 (center of vital interests);(b) if the State in which he has his center
of vital interests cannot be determined, or if he has not a permanent
home available to him in either State, he shall be deemed to be a
resident of the State in which he has an habitual abode;(c) if he has an habitual abode in both
States or in neither of them, the competent authorities of the
Contracting States shall settle the question by mutual agreement. -
Where, by reason of paragraph 1
a
person other
than an individual is a resident of both Contracting States, the
competent authorities of the States, then it shall be deemed to be a
resident of the State in which its place of effective management is
situated.
Article 5
PERMANENT ESTABLISHMENT
-
For the purposes of this
Agreement,
the term “permanent establishment” means a fixed place of business
through which the business of an enterprise of a Contracting State in
wholly or partly carried on in the other Contracting State. -
The term “permanent
establishment”
includes especially:(a) a place of management; (b) a
branch;(c) an
office;(d) a
factory;(e) a
workshop;(f) a
warehouse or premises used as sales outlet;(g) a
farm or plantation;(h) a mine, an oil of gas well, a quarry or
other place of extraction or exploration or exploitation of natural
resources, drilling rig or working ship. -
The term “permanent
establishment”
likewise encompasses:(a) a
building site, a construction, assembly or installation project or
supervisory activities in connection therewith, but only where such
site, project or activities continue for a period of more than 6
months;(b) the
furnishing of services, including consultancy services by an enterprise
through employees or other personnel engaged by the enterprise for such
purpose, but only where activities of that nature continue (for the
same or a connected project) within the country for a period or periods
aggregating more than 3 months within any twelve-month period. -
Notwithstanding the preceding
provisions of this Article, the term “permanent establishment” shall be
deemed not to include:(a) the use of 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 the purpose of carrying on, for the enterprise, any other activity
of a preparatory or auxiliary character;(g) the maintenance of a fixed place of
business solely
for any combination of activities mentioned in sub-paragraphs (a) to
(f), provided that the overall activity of the fixed place of business
resulting from this combination is of a preparatory or auxiliary
character. -
Notwithstanding the provisions
of
paragraphs 1 and 2, where a person — other than an agent of an
independent status to whom paragraph 6 applies — is acting in a
Contracting State on behalf of an enterprise of the other Contracting
State, that enterprise shall be deemed to have a permanent
establishment in the first-mentioned State in respect of any activities
which that person undertakes for the enterprise, if such a
person:(a) has or 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;
or(c) manufactures or processes in that State
for the
enterprise goods or merchandise belonging to the enterprise. -
Notwithstanding the preceding
provisions of this Article, an insurance enterprise of a Contracting
State shall, except in regard to re-insurance, be deemed to have a
permanent establishment in the other Contracting State if it collects
premiums in the territory of that other State or insures risks situated
therein through a person other than an agent of an independent status
to whom paragraph 7 applies. -
An enterprise of a Contracting
State shall not be deemed to have a permanent establishment in the
other Contracting State merely because it carries on business in that
other State through a broker, general commission agent or any other
agent of an independent status, provided that such persons are acting
in the ordinary course of their business. However, when the activities
of such an agent are devoted wholly or almost wholly on behalf of that
enterprise, he will not be considered an agent of an independent status
within the meaning of this paragraph. -
The fact that a company which
is a
resident of a Contracting State controls or is controlled by a company
which is a resident of the other Contracting State, or which carries on
business in that other State (whether through a permanent establishment
or otherwise), shall not of itself constitute either company a
permanent establishment of the other.
Article 6
INCOME FROM IMMOVABLE PROPERTY
-
Income derived by a resident of
a
Contracting State from immovable property (including income from
agriculture or forestry) situated in the other Contracting State may be
taxed in that other State. -
The term “immovable property”
shall
have the meaning which it has under the law of the Contracting State in
which the property in question is situated. The term shall in any case
include property accessory to immovable property, livestock and
equipment used in agriculture and forestry, rights to which the
provisions of general law respecting landed property apply, usufruct of
immovable property and rights to variable or fixed payments as
consideration for the working of, or the right to work, mineral
deposits, sources and other natural resources. Ships and aircraft shall
not be regarded as immovable property. -
The provisions of paragraph 1
shall
also apply to income derived from the direct use, letting, or use in
any other form of immovable property. -
The provisions of paragraphs 1
and
3 shall also apply to the income from immovable property of an
enterprise and to income from immovable property used for the
performance of independent personal services.
Article 7
BUSINESS PROFITS
-
The profits of an enterprise of
a
Contracting State shall be taxable only in that State unless the
enterprise carries on business in the other Contracting State through a
permanent establishment situated therein. If the enterprise carries on
business as aforesaid, the profits of the enterprise may be taxed in
the other State but only so much of them as is attributable
to:(a) that permanent establishment; (b) sales in that other State of
goods or merchandise of the same 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. -
Subject to the provisions of
paragraph 3, where an enterprise of a Contracting State carries on
business in the other Contracting State through a permanent
establishment situated therein, there shall in each Contracting State
be attributed to that permanent establishment the profits which it
might be expected to make if it were a distinct and separate enterprise
engaged in the same or similar activities under the same or similar
conditions and dealing wholly independently with the enterprise of
which it is a permanent establishment. -
In determining the profits of a
permanent establishment, there shall be allowed as deductions expenses
which are incurred for the purposes of the business of the permanent
establishment including executive and general administrative expenses
so incurred, whether in the State in which the permanent establishment
is situated or elsewhere. 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. -
For the purposes of the
preceding
paragraphs, the profits to be attributed to the permanent establishment
shall be determined by the same method year by year unless there is
good and sufficient reason to the contrary. -
Where profits include items of
income which are dealt with separately in other Articles of this
Agreement, then the provisions of those Articles shall not be affected
by the provisions of this Article.
Article 8
SHIPPING AND AIR TRANSPORT
-
Profits derived by an enterprise
of
a Contracting State from the operation of [a] ship or aircraft in
international traffic shall be taxable only in that Contracting State. -
The provisions of paragraphs 1
and
2 shall also apply to profits from the participation in a pool, a joint
business or an international operating agency.
Article 9
ASSOCIATED ENTERPRISES
-
Where:
(a) an enterprise of a Contracting
State participates directly or indirectly in the management, control or
capital of an enterprise of the other Contracting State, or(b) the same persons participate
directly or indirectly in the management, control or capital of an
enterprise of a Contracting State and an enterprise of the other
Contracting State,and in either case conditions
are
made or imposed between the two enterprises in their commercial or
financial relations which differ from those which would be made between
independent enterprises, then any profits which would, but for those
conditions, have accrued to one of the enterprises, but, by reason of
those conditions, have not so accrued, may be included in the profits
of that enterprises and taxed accordingly. -
Where a Contracting State
includes
in the profits of an enterprise of that State — and taxes accordingly
— profits on which an enterprise of the other Contracting State has
been charged to tax in that other State and the profits so included are
profits which would have accrued to the enterprise of the
first-mentioned State if the conditions made between the two
enterprises had been those which would have been made between
independent enterprises, then that other State shall make an
appropriate adjustment to the amount of the tax charged therein on
those profits. In determining such adjustment, due regard shall be had
to the other provisions of the Agreement and the competent authorities
of the Contracting States shall, if necessary consult each other. -
A Contracting State shall not
change the profits of an enterprise in the circumstances referred to in
paragraph 2 after the expiry of the time limits provided in its tax
laws.
Article 10
DIVIDENDS
-
Dividends paid by a company
which
is a resident of a Contracting State to a resident of the other
Contracting State may be taxed in that other State. -
However, if the beneficial owner
of
the dividends is a resident of the other Contracting State, the tax
charged by the first-mentioned State may not exceed 10 per cent of the
gross amount of the dividends actually distributed. -
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. -
The provisions of paragraphs 1
and
2 shall not apply if the beneficial owner of the dividends, being a
resident of a Contracting State, carries on business in the other
Contracting State of which the company paying the dividends is a
resident, through a permanent establishment situated therein, or
performs in that other State independent personal services from a fixed
base situated therein, and the holding in respect of which the
dividends are paid is effectively connected with such permanent
establishment or fixed base. In such case, the provisions of Article 7
or Article 14, as the case may be, shall apply. -
Notwithstanding any other
provisions of this Agreement where a company which is a resident of a
Contracting State has a permanent establishment in the other
Contracting State, the profits of the permanent establishment may be
subjected to an additional tax in that other State in accordance with
its law, but the additional tax so charged shall not exceed 10 per cent
of the amount of such profits after deducting therefrom income tax and
other taxes on income imposed thereon in that other State. -
The provision of paragraph 5 of
this Article shall not affect the provision contained in any production
sharing contract and relating to [the] oil and gas 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 the other Contracting States.
Article 11
INTEREST
-
Interest arising in a
Contracting
State and paid to a resident of the other Contracting State may be
taxed in that other Contracting State if such resident is the
beneficial owner of the interest. -
The rate of tax imposed by one
of
Contracting States on interest derived from sources within that
Contracting State and beneficially owned by resident of the other
Contracting State shall not exceed 15 per cent of the gross amount of
the interest. -
Notwithstanding the provisions
of
paragraph 2, interest arising in a Contracting State and derived by the
Government of the other Contracting State including local authorities
thereof, a political subdivision, the Central Bank or any financial
institution controlled by that Government, the capital of which is
wholly owned by the Government of the other Contracting State, as may
be agreed upon from time to time between the competent authorities of
the Contracting States, shall be exempt from tax in the first-mentioned
State. -
The term “interest” as used in
this
Article means income from debt-claims of every kind, whether or not
secured by mortgage, and whether or not carrying a right to participate
in the debtor’s profits, and in particular, income from government
securities and income from bonds or debentures, including premiums and
prizes attaching to such securities, bonds or debentures, as well as
income assimilated to income from money lent under the taxation law of
the States in which the income arises, including interest on deferred
payment sales. -
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 14, as the case may be,
shall apply. -
Interest shall be deemed to
arise
in a Contracting State when the payer is that State itself, a political
subdivision, a local authority or a resident of that State. Where,
however, the person paying the interest, whether he is a resident of a
Contracting State or not, has in a Contracting State a permanent
establishment or a fixed base in connection with which the indebtedness
on which the interest is paid was incurred, and such interest is borne
by such permanent establishment or fixed base, then such interest shall
be deemed to arise in the State in which the permanent establishment or
fixed base is situated. -
Where by reason of a special
relationship between the payer and the beneficial owner or between both
of them and some other person, the amount of the interest, having
regard to the debt-claim for which it is paid, exceeds the amount which
would have been agreed upon by the payer and the beneficial owner in
the absence of such relationship, the provisions of this Article shall
apply only to the last-mentioned amount. In such case, the excess part
of the payments shall remain taxable according to the laws of each
Contracting State, due regard being had to the other provisions of this
Agreement.
Article 12
ROYALTIES
-
Royalties arising in a
Contracting
State and paid to a resident of the other Contracting State may be
taxed in that other State. -
The rate of tax imposed by one
of
[the] Contracting States on royalties derived from sources within that
Contracting State and beneficially owned by [a] resident of the other
Contracting State shall not exceed 10 per cent of the gross amount of
the royalties described in paragraph 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 to any such property or right as is
mentioned in sub-paragraph (a), any such equipment as is mentioned in
sub-paragraph (b) or any such knowledge or information as is mentioned
in sub-paragraph (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 television; or(iii) tapes for use in
connection
with radio broadcasting; or -
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. -
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. -
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
-
Gains derived by a resident of a
Contracting State from the alienation of immovable property referred to
in Article 6 and situated in the other Contracting State may be taxed
in that other State. -
Gains from the alienation of
movable property forming part of the business property of a permanent
establishment which an enterprise of a Contracting State has in the
other Contracting State or of movable property pertaining to a fixed
base available to a resident of a Contracting State in the other
Contracting State for the purpose of performing independent personal
services, including such gains from the alienation of such a permanent
establishment (alone or with the whole enterprise) or of such fixed
base, may be taxed in that other State. -
Gains derived by an enterprise
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. -
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
-
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 90 days within any twelve-month period. 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. -
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
-
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. -
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
twelve-month period; 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. -
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
-
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. -
The remuneration which a person
to
whom paragraph 1 applies derived from the company in respect of the
discharge of day-to-day functions of a managerial or technical nature
may be taxed in accordance with the provisions of Article 15.
Article 17
ARTISTES AND ATHLETES
-
Notwithstanding the provisions
of
Articles 14 and 15, income derived by a resident of a Contracting State
as an entertainer, such as a theatre, motion picture, radio or
television artiste, or a musician, or as an athlete, from his personal
activities as such exercised in the other Contracting State, may be
taxed in that other State. -
Where income in respect of
personal
activities exercised by an entertainer or an athlete in his capacity as
such accrues not to the entertainer or athlete himself but to another
person, that income may, notwithstanding the provisions of Articles 7,
14 and 15, be taxed in the Contracting State in which the activities of
the entertainer or athlete are exercised. -
Notwithstanding the provisions
of
paragraphs 1 and 2, income derived from activities referred to in
paragraph 1 performed under a cultural agreement or arrangement between
the Contracting States shall be exempt from tax in the Contracting
State in which the activities are exercised if the visit to that State
is wholly or substantially supported by funds of one or both of the
Contracting States, a local authority or public institution
thereof.
Article 18
PENSIONS AND ANNUITIES
-
Subject to the provisions of
paragraphs 2 of Article 19, any pensions or other similar remuneration
paid to a resident of one of the Contracting States from a source in
the other Contracting State in consideration of past employment or
services in that other Contracting State and any annuity paid to such a
resident from such a source may be taxed in that other State. -
The term “annuity” means a
stated
sum payable periodically at stated times during life or during a
specified or ascertainable period of time under an obligation to make
the payments in return for adequate and full consideration in money or
money’s worth.
Article 19
GOVERNMENT SERVICE
1. | (a) |
Remuneration, other than a |
|
(b) |
However, such remuneration |
||
(i) |
is a national of that |
||
(ii) |
did not become a resident of |
||
2. | (a) |
Any pension paid by, or out |
|
(b) |
However, such pension shall |
||
3. |
The provisions of Articles |
Article 20
TEACHERS AND RESEARCHERS
individual who is immediately before visiting a Contracting State a
resident of the other Contracting State and who, at the invitation of
the Government of the first-mentioned Contracting State or of a
University, college, school, museum or other cultural institution in
that first-mentioned Contracting State or under an official programme
of cultural exchange, is present in that Contracting State for a period
not exceeding two consecutive years solely for the purpose of teaching,
giving lectures or carrying out research at such institution shall be
exempt from tax in that Contracting State on his remuneration for such
activity.
Article 21
STUDENTS AND TRAINEES
-
Payments which a student 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 received for the purpose of his
maintenance, education or training shall not be taxed in that
Contracting State, provided that such payments arise from sources
outside that Contracting State. -
In respect of grants,
scholarships,
and remuneration from employment not covered by paragraph 1, a student
or business trainee described in paragraph 1 shall, in addition, be
entitled during such education or training to the same exemption,
reliefs or reductions in respect of taxes available to residents of the
Contracting State which he is visiting.
Article 22
OTHER INCOME
of income of a resident of a Contracting State, wherever arising, not
dealt with on the foregoing Articles of this Agreement, other than
income in the form of lotteries [or] prizes shall be taxable in that
State.
Article 23
METHOD FOR ELIMINATION OF DOUBLE TAXATION
a resident of a Contracting State derives income from the other
Contracting State, the amount of tax on that income payable in that
other Contracting State in accordance with the provisions of this
Agreement, may be credited against the tax levied in the
first-mentioned Contracting State imposed on that resident. The amount
of credit, however, shall not exceed the amount of the tax on the
first-mentioned Contracting State on that income computed in accordance
with its taxation laws and regulations.
Article 24
NON-DISCRIMINATION
-
Nationals of a Contracting State
shall not be subjected in the other Contracting State to any taxation
or any requirement connected therewith which is other or more
burdensome than the taxation and connected requirements to which
nationals of that other State in the same circumstances are or may be
subjected. -
The taxation on a permanent
establishment which an enterprise of a Contracting State has in the
other Contracting State shall not be less favourably levied in that
other State than the taxation levied on enterprises of that other 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. -
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. -
Except where the provisions of
paragraph 1 of Article 9, paragraph 7 of Article 11, or paragraph 6 of
Article 12 apply, interest, royalty [sic] 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. -
In this Article the term
“taxation”
means taxes which are the subject of this Agreement.
Article 25
MUTUAL AGREEMENT PROCEDURE
-
Where a person considers that
the
actions of one or both of the Contracting States result or will result
for him in taxation not in accordance with the provisions of this
Agreement, he may, irrespective of the remedies provided by the
domestic law of those States, present his case to the competent
authority of the Contracting State of which he is a resident or, if his
case comes under paragraph 1 of Article 24, to that of the Contracting
State of which he is a national. The case must be presented within two
years from the first notification of the action resulting in taxation
not in accordance with the provisions of the Agreement. -
The competent authority shall
endeavour, if the objection appears to it to be justified and if it is
not itself able to arrive at a satisfactory solution, to resolve the
case by mutual agreement with the competent authority of the other
Contracting State, with a view to the avoidance of taxation which is
not in accordance with this Agreement. -
The competent authorities of the
Contracting States shall endeavour to resolve by mutual agreement any
difficulties or doubts arising as to the interpretation or application
of the Agreement. They may also consult together for the elimination of
double taxation in cases not provided for in the Agreement. -
The competent authorities of the
Contracting States may communicate with each other directly for the
purpose of reaching an agreement in the sense of the preceding
paragraphs. 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 26
EXCHANGE OF INFORMATION
-
The competent authorities of the
Contracting States shall exchange such information as is necessary for
carrying out the provisions of this Agreement or of the domestic laws
of the Contracting States concerning taxes covered by the Agreement,
insofar as the taxation thereunder is not contrary to this 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. -
In no case shall the provisions
of
paragraph 1 be construed so as to impose on a Contracting State the
obligation:(a) to carry out administrative measures at
variance
with the laws and administrative practice of that or of the other
Contracting State;(b) to supply information which is not
obtainable under
the laws or in the normal course of the administration of that or of
the other Contracting State;(c) to supply information which would
disclose any
trade, business, industrial, commercial or professional secret or trade
process, or information, the disclosure of which would be contrary to
public policy (ordre public).
Article 27
DIPLOMATIC AGENTS AND CONSULAR OFFICERS
in this Agreement shall affect the fiscal privileges of diplomatic
agents or consular officers under the general rules of international
law or under the provisions of special agreements.
Article 28
ENTRY INTO FORCE
-
This Agreement shall enter into
force on the later of the dates on which the respective Governments may
notify each other in writing that the formalities constitutionally
required in their respective States have been complied with. -
This Agreement shall have
effect:(a) in respect of tax withheld at the source
to income
derived 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 on income, for
taxable
years beginning on or after 1 January in the year next following that
in which the Agreement enters into force.
Article 29
TERMINATION
Agreement shall remain in force until terminated by a Contracting
State. Either Contracting State may terminate the Agreement, through
diplomatic channels, by giving written notice of termination on or
before the thirtieth day of June of any calendar year following after
the period of 5 years from the year in which the Agreement enters into
force.
In such case, the Agreement shall
cease
to have effect:
(a) |
in respect of tax withheld |
(b) |
in respect of other taxes |
witness whereof the undersigned, duly authorized thereto by their
respective governments, have signed this Agreement.
Khartoum this 10th day of February 1998 in the English, Indonesian and
Arabic languages. All texts being equally authentic. In case of any
divergent interpretation of the Indonesian and Arabic text, the English
text shall prevail.
FOR THE GOVERNMENT OF |
FOR THE GOVERNMENT OF |