BERAKHIRNYA PERSETUJUAN Persetujuan ini akan tetap berlaku sampai diakhiri oleh salah satu Negara pihak pada
Persetujuan. Masing-masing Negara pihak pada Persetujuan dapat mengakhiri berlakunya Persetujuan ini, melalui saluran-saluran diplomatik, dengan menyampaikan pemberitahuan tentang berakhirnya Persetujuan pada atau sebelum tanggal 30 Juni setiap tahun kalender berikutnya sejak berlakunya Persetujuan.
Dalam hal demikian. Persetujuan ini akan tidak berlaku :
a) mengenai pajak yang diporong pada sumber penghasilan yang diterima setelah tanggal 1 Januari tahun takwim berikutnya setelah pemberitahuan berakhirnya Persetujuan diberikan;
b) mengenai pajak-pajak lainnya untuk tahun-tahun pajak yang dimulai pada atau setelah tanggal 1 Januari tahun takwim berikutnya setelah pemberitahuan berakhirnya Persetujuan diberikan.
SEBAGAI BUKTI para penandatangan dibawah ini, yang telah diberi kuasa yang sah oleh Pemerintah mereka yang bersangkutan, telah menandatangani Persetujuan ini.
DIBUAT dalam rangkap tiga di Cairo pada tanggal 13 Mei 1998 dalam bahasa INDONESIA Arab dan Inggris, ketiga naskah tersebut berkekuatan sama.
kecuali dalam hal terdapat keragu-raguan yang berlaku adalah naskah bahasa Inggris.
Untuk Pemerintah Untuk Pemerintah
Republik Arab Mesir ttd ttd ALI ALATAS AMRE MOUSSA MENTERI LUAR NEGERI MENTERI LUAR NEGERI
AGREEMEN BETWEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF THE ARAB REPUBLIC OF EGYPT FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME The Government of the Republic of INDONESIA and the Government of the Arab Republic of Egypt DESIRING to conclude an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.
Have agreed as follows :
CHAPTER I SCOPE OF THE AGREEMENT ARTICLE 1 PERSONAL SCOPE This Agreement shall apply to persons who are residents of one or both of the Contracing States.
ARTICLE 2 TAXES COVERED
1. This Agreement shall apply to taxes on income imposed on behalf of a Contracting State or of its political subdivisions or local authorities irrespective of the manner in which they are levied.
2. There shall be regarded as taxes on income, all taxes imposed on total income, or on elements of income, including taxes on gains from alienation of movable or immovable property, taxes on the total amount of wages or salaries.
3. The existing taxes to which Agreement shall apply are in particular :
(a) In the case of Republic of 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 case of the Arab Republic of Egypt:
(i) the tax on income derived from immovable property (including the agriculture land tax and the building of tax, (ii) the unified tax on income of individuals, (iii) the tax on corporation profits, (iv) the duty for the development of the financial resources of the state, (v) supplementary taxes imposed as percentage of taxes mentioned above, (hereinafter reffered to as Egyptian tax).
4. This agreement shall also apply to any identical or substantially similiar taxes which are imposed after the date of signature of this addition to, or in place of the
existing taxes. The competent authorities of the Contracting States shall notify each other of substantial changes which have been made in their respective taxation laws.
CHAPTER II DEFINITIONS ARTICLE 3 GENERAL DEFINITION
1. For the purpose 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 the which the Republic of INDONESIA has sovereignty, sovereign rights or jurisdictiion in accordance with international law;
(ii) the term Egypt means the Arab Republic of Egypt, and when used in a geographical sense, the term Egypt includes :
(a) the territory and seas thereof, and (b) the seabed and subsoil of the submarine areas adjacent to the coast thereof, but beyond the territorial sea, over which Egypt exercises sovereign rights, in accodance with international law for the purposes of exploration for the exploitation of the natural resources of such area, but only to the extent that the person, property or activity to which the Agreement is being applied is connected with such exploration or exploitatiion;
b) the term "a Conctradting State and the other Contracting State mean INDONESIA or Egypt as the case may be;
c) the term "person" includes an individual, a company, or any other body of persons;
d) the term "company" means any body corporate or any entity which is treated as a body corporate for tax purposes;
e) the term "enterprise of a Contracting state" and "enterprise of the other Contracting State" mean respectively, an enterprise carried on by a resident of a State and an enterprise carried on by a resident of the other State;
f) the term tax means Indonesian or Egyptian tax as the context requires;
g) the term "international traffic" means any transport by ships or aircraft operated by an interprise of a Contracting State, exceps when the ship or aircraft is operated solely between places in the other Contracting State.
h) the term competent authority means :
(i) in tha case of INDONESIA the Minister of Finance or his authorized representative;
(ii) in tha case of Egypt the Minister of Finance or his authorized respresentative;
i) the term "national" means :
(i) any individual prossseing the nationality of a Contracting State;
(ii) any legal person, partneship and association deriving its status as such from the law in force in a Contracting State.
2. As regards the applications 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 purposes of this Agreement, the term "resident of a Contracting State" means a 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 resident of both Cortacting State, then his status shall be defined 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 does not have a permanent home available to him in either States, he shall be deemed to be a resident of the State in which he has an habitual abode;
c) if the has an habitual abode in both States or in neither of them, he shall be deemed to be a resident of the of State which he is a national;
d) if he is a national of both States or of neither of them, the competent authorities of the Cntracting States shall settle the question by mutual agreement.
3. Where by reason of the provisions of paragraph 1 a company is a resident of both Contracting States, then it shall be determined as follows :
a) is shall be deemed to be a resident of the State of which it is a national;
b) if it is a national of neither of the State, it shall be deemed to be a resident of the State in which it s place of effective management is situated.
4. Where by reason of the provisons of paragraph 1 a person other than an individual or a Company is a resident of both Contracting State, the competent authorities of the Contracting States shall by mutual agreement endeavour to settle the question and to determine the mode of application of the Agreement to such person.
ARTICLE 5 PERMANENT ESTABLISHMENT
1. For the purposes of this Agreement, the term "permanent establishment" means a fixed place of business in which the business of an enterprise is wholly or partly carried on.
2. The term "permanent establisment" shall include especially:
(a) a place of management;
(b) a branch;
(c) an office;
(d) a factory;
(e) a workshop;
(f) a warehouse or premises used as sales outlet;
(g) a farm or plantation;
(h) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources, drilling rig or ship used for exploratiion or exploitation of natural resources;
3. The term "permanent establishment" likewise ancompasses :
(a) a building site or a construction project or supervisory activities in connection therewith, but only where such site, project or activities continue in one of the Contracting States for a periode of more than 6 months;
(b) an assembly or installation project which exists for more than 4 months;
(c) the furnishing of services, including consultancy services by an enterprise through employce or other personeed engaged by the enterprise for such purpose, but only where activities of tht nature continue (for tha same or a connected project) within the country for a period aggregaring 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 facilities solely for the purpose of storage, 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 strorage 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 of business salely for the purpose of purchasing goods or merchandise, or for collecting information, for the enterprise;
(e) the maintenance of a fixed place of business for the purpose of carrying on, for the enterprise, any other aactivity of a preparatory or auxillary character;
(f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs (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 wo whom parapgraph 7 applies - is acting 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 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 place of business a permanent establishment under the provisions of that paragraph.
b) has no such authority, but manufactures or processes in that State for the enterprise goods or merchandise belonging to the enterprise.
6. Notwithstanding the preceding provisions of this arcticle, an insurance enterprise of a Contracting State shall -except in regard to reinsurance - 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 an independent status to whom paragraph 7 applies.
7. An enterprise of a Contracting State shall not be deemed to have a permanent establishment in the other Contracting State merely because it carries on business in that other State throuh 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.
8. The fact that a compnay which is a resident of a Contracting State control 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.
CHAPTER III TAXATION ON INCOME 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 laws of the Contracting State in which the proprety 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, usefruct 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 boats and aircraft shall not be regarded as immovable property.
3. The provisions of paragragh 1 shall apply to income derived from the direct use, letting or use in any other from of immovable property.
4. The provisions of paragraph 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 only be taxable only in that State unless the enteprise carries on business in the other Contracting State through a permanent establishment situatad 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 similiar kind of those sold through that permanent esthablishment; (c) Other business activities carried on in that other State of the same or similiar 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 similiar activities under the same or similiar 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 purpose of the permanent establishment, including executive and general administrative expenses so
incurred, whether in he 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 esbalishment to the head office of the enterprise or any its other offices, by way of royalties, fees or other similar payments in return for the use of its other offices, by way of commission, for specific services performed or for management, or, except in the case of a banking enterprise, by way on tnterest on moneys lent to the permanent establishment. Likewise, no account shall be taken, in the determination of the profits of a permanent establishment, to 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 payment in return for the use of patents or other right, or by way of commission for specific services performed or for management, or, excepts in the case of a banking enterprise, by way of interes on moneys lent to the head office of the enterprise or any of its other offices.
4. No profits shall be attributed to a permanent establishment by reason of the mere purchase by the permanent establishment of goods or merchandise for the enterprise.
5. In so far 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 total profits of the enterprise to its various parts, nothing in this shall preclude that Contacting State from determining the profits to be taxed by such an apportionment as may be customary; the methods of apportionment adopted shall, however, be such that the result shall be in accordance with the principles contained in this Article.
6. For the purpose of the preceeding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year unless there is a good and sufficient reason 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 the operation of ships or aircraft in International Traffic shall be taxable only in the Contracting State in which the enterprise is resident.
2. The provisions of paragraph 1 sahll also apply to profits from the participation in a pool, a joint business or an international operating agency.
ARTICLE (9) ASSOCIATED ENTERPRISES
1. Where (a) an enterprise of a Conrtacting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State; or (b) the same persons participated 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 enterprise in their commercial or financial
relation 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 enterprise, 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 accured to the enterprise of that first-mentioned State if the conditions made between the two enterprises had been those which would have been between independent enterprises, then that other State shall make an approriate 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 this Agreement.
3. A contracting State shall not change the profits of an enterprise in the circumstances refereed to in paragraph 1 after the expiry of the time limits provided in its tax laws.
ARTICLE 10 DIVIDENDS
1. Dividens paid by a company which is a resident of a a contracting State to a resident of the other Contracting State may be taxed in that other Contracting State.
2. However such dividends may also be taxed in the Cotracting State in 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 dividend, the tax so charged shall not exceed 15 per cent of the gross amount of the dividends. The compentent authorities of the Contracting State shall by mutual agrement settle the mode of application of this limintation. The provisions of this paragraph shall not affect the taxation of the company in repect 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 right, 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 establihment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and holding in respect of which the dividends are is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or 14 as tha 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 in so far as such dividends are paid to a resident of that other State or in so far 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 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 establisment 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 per sent of the amount of such profits after deducting therefrom income tax and other on income imposed thereon in that other State.
7. The rate of tax in paragraph 2 and in paragraph 6 of this Article shall no t affect the provisions contained in any production sharing contracts or any other similar contracts relating to oil and gas sector other mining sector concluded by the Government of one of the Contracting States, its instrumentality, its relevant state oil and gas company or any other entity thereof with a person who is a resident of the other Contracting State.
ARTICLE 11 INTEREST
1. Interest arising in a Conrtacting Stae and paid to a resident of the other Conctracting State may be taxed in that other Contracting State.
2. However, such interest may also be taxed in the Conctracting state in which it arises, and according to the law of that State, but if the recepient is the beneficial owner of the interest, the tax so charged shall not exceed 15 per cent of the gross amount of the interest. The competent authorities of the Contracting State shall by mutual agreement settle the mode of applicatiion of this limitation.
3. Notwithstanding the provisions of paragraph 2, interes arising in a Contracting State and derived by the Government of the other Contracting State including local authorities thereof, a political subdivitions, the Central Bank or any financial institution controlled by that Government, shall be exempt from tax in first-mentioned State.
4. For the purposes of paragraph 3, terms the Central Bank and fiancial institution controlled by that Government include :
(i) the Central Bank of each of the Contracting States;
(ii) such other financial institution, the capital of which is wholly owned by the Government of each of the Contracting State as may be agreed upon from time to time between the competent authorities 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 secuties, bond or debentures, as well as income assimilated to income from money lent by the taxation law of the State in which 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 effectively connected with a) such permanent establishmen of fixed base, or with b) business activities referred to under c) of paragraph 1 of Article 7 as the case may be shall apply.
7. 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 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, dua regard being given to the other provisions of this Agreement.
ARTICLE 12 ROYALTIES
1. Royalties arising in a Contracting State and paid to resident of the other Contracting State shall 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 then tax so charged shall not axceed 15 per cent of the gross amount of such 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 payment, 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 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 enjoyment of, any such property or right as is mentioned in subparagraph (a) any such equipment as is mentioned in sub-paragraph (b) or any such knowledge or informatiion 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 f) total or partial forbearance in respect of the use or supply or 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 of property in respect of which the
royalties are paid is effectively connectec with a) such permanent establishment or fixed base, or with b) business activities referred to under c) of paragraph 1 of Article 7. In such case the provisions of Article 7 or Article 14 as the case may be shall apply.
5. Royalties shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority or a resident of that State where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred, and such royalties are borne by such permanent establishment, or fixed base then such royalties shall be deemed to arise the State in which the permanent establishment or a 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 provisons 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 the 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 or the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or together with the whole enterprise) or of such a fixed base may be taxed other State.
3. Gains derived by a resident of a Contracting from the alienation of ships or aircraft operated in international traffic and movable property pertaining to the operation of such ships or aircraft shall be taxable only in that State.
4. Gains from the alienation of shares of the capital stock of a company the property of which consists directry or indirectly of principally of immovable property situated in a Contracting State may be taxed in that State.
5. Gains from the alienation of shares other than those mentioned in paragraph 4 representing a participation of 25 per cent in a company which is resident of a Contracting State may be taxed in that State.
6. Gains from the alienation of any property other than that referred to in the preceding paragraphs may be taxed in the Conctracting State where the income arises.
ARTICLE 14 INDEPENDENT PERSONAL SERVICES
1. Income derived by a resident of a Contracting State in respect of professional
services or other independent character shall be taxable only in that State excepts in the following circumstances; when such income may also be taxed in the other Contracting State :
a) If he has fixed base regularly available to him in the other Contracting State for the purpose of performing his activities, in that case, only so much of the income as is attributable to that fixed base may be taxed in that other Contracting State;
b) If his stay in the other Contracting State is for a period or periods amounting to or exceeding in the aggregate 90 days in any twelve month period; in that case, only as so much of the income as is derived from his activities performed in that other State may be taxed in that other State;
2. The term professional services include especially independant scientific, literary artistic education or teaching activities as well as the independent activities of physicians, engineers, lawyers, dentists, arhitects, and accountants.
ARTICLE 15 DEPENDENT PERSONAL SERVICES
1. Subject to the provisions of Article 16, 18 and 19, salaries, wages and other similar remuneratiion derived by resident of a Contracting State in repect 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 is 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 the other State for a period or periods not exceeding in the aggregate 90 days in anytwelve month period, and b) the remuneration is paid by, or on behalf of, an employer, who is not a resident of the other Contracting 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 shall be taxed only in that State.
ARTICLE 16 DIRECTORS FEES AND REMUNERATION OF TOP-LEVEL MANAGEMENT OFFICIALS
1. Director's 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 a company which is a resident of the other Contracting State may be taxed in that other State.
2. Salaries, wages and other similar remuneration derived by a resident of a Contracting State in his capacity as an official in a top-level managerial position of a company which is a resident of the other Contracting State may be taxed in that other State.
ARTICLE 17 INCOME EARNED BY ENTERTAINERS AND ATHLETES
1. Notwithstanding the provisions of Article 14 and 15, income derived by a resident of a Contracting State as an entertainer such as a theatre motion picture, radio or television artists, 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 capasity as such accrues not to the entertainer or athelete himself but to another person, that income may, notwithstanding the provisions of article 7, 14 and 15, be taxed in tha Contracting State in which the activities of the entertainer or athlete are axercised.
3. Notwithstanding the provisions of paragraph 1 and 2, income derived from activities referred to in paragraph 1 performed under a cultural agreement or arrangement between the Contracting State sahll 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 State, a local authority or public institution thereof.
ARTICLE 18 PENSIONS AND ANNUTIES
1. Subject to the provisions of paragraphs 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 considerantion 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 payment in return for adequate and full consideration in money or money's worth.
ARTICLE 19 GOVERNMENT SERVICES
1. Remuneration, other than a pension, paid by, or out of funds erected by a 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.
2. However, such remuneration shall be taxable only in the other Contracting State if the services are rendered in that State, and the individual is 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.
3. The provisions of Article 15, 16 and 18 shall apply to remuneration and pensions in respect of services rendered in connenction with a business carried on by a Contracting State or a political subdivision or a local authority thereof.
ARTICLE 20 PAYMENTS RECEIVED BY STUDENTS AND APPRENTICES A resident of one the Contracting States who is temporarily present in the other Contracting State solely :
a) as a student at a university, college or school in the latter contracting State;
b) as a business or technical apprentice, or;
c) as the recipient of a grant, allowance, or award for the primary purposes of study or research from a religious, charitable, scientific or educational organisation.
shall not be taxed in the other Contracting State in respect of a scholarship grant.
The same shall apply to any amount representing remuneration for services rendered in that otehr State, provided that such services are in connection with his studies or training or are necessary for the purpose of his maintenance.
ARTICLE 21 PROFESSORS, TEACHERS AND RESEARCHERS
1. Residen of one the Contracting States who, at the invitation of a university college or other establishment for higher education or scientific research in the other Contracting State. visits that other State solely for thepurpose of teaching or scientific research at such institution for a period not exceeding two years shall not be taxed in that other State on his remuneration for such teaching or research, provided that such remuneration is derived by him from outside that State.
2. The provisions of paragraph 1 shall not apply to remuneratiion derived in respect of research undertaken not in the public interest but primarily for the private benefit of a specific person or persons.
ARTICLE 22 OTHER INCOME
1. Subject to the provisions of paragraph 2, items of income of a resident of a Contracting State. wherever arising, not dealt with in the foregoing article of this Agreement shall be taxable only in that State.
2. However, if such income is derived by a resident of a Contracting State from sources in the other Contracting State, such income may also be taxed in the State in which it arises, and according to the laws of that State.
CHAPTER IV METHODS FOR PREVENTION OF DOUBLE TAXATION ARTICLE 23 ELIMINATION OF DOUBLE TAXATION
1. In INDONESIA double taxation shall be climinated as follows:
Where a resident of INDONESIA derives income from the Arab Republic of Egypt in accordance with the provisions of this Agreement, the amount of Egyptian 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.
2. In Egypt double taxation shall be eliminated as follows :
a) Where a resident of Egypt derives income which, in accordance with the provisions of this Agreement may be taxed in INDONESIA, Egypt shall allow as a deduction from the tax on the income of that resident an amount equal to the income tax paid in INDONESIA. Such deduction shall not, however, exceed that part of the income tax as computed before the deduction is given, which is attributable to the income which may be taxed in INDONESIA.
b) Where in accordance with any provision of the Agreement, income derived by a resident of Egypt is exempt from tax in Egypt. Egypt may neverstheless, in calculating the amount of tax on the remaining income of such resident.
CHAPTER V SPECIAL PROVISIONS ARTICLE 24 NON - DISCRIMINATION
1. The 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 enterprise of that other State carrying on the same activities in the same activities.
3. a) Nothing in this Article shall 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 responsibility which it grants to its own residents.
b) Except where the provisions of paragraph 1 of Article 9, paragraph 7 of Article 11, or paragraph 6 of Article 12, apply, interest, royalties and other disbursements paid by an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determinig the taxable profits of such enterprise, be deductible under the same conditions as if had been paid to a resident of the first-mentioned State.
4. Enterprise 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 that taxation and connected requirements to which other similar enterprise of the first-mentioned State are many subjected.
5. In this Article the term taxation means taxes which are the subject of this Agreement.
ARTICLE 25 MUTUAL AGREEMENT PROCEDURE
1. Where a person considers that the actions of one or both of the Contracting States result or will result forfor him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies provied by the domestic law of those States, present his case to the competent authoritiy 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.
2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is not by itself able to arrive at a satistactory 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 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 interpretatiion or application of this Agreement. They may also consult together for elimination of double taxation in cases not provided for in this Agreement.
4. The competent authorities of the Contracting States may communicate with each other directly for the purpose of reaching an agreement in the sense of the precedings paragraphs. The competent authorities, through consultations, shall develop appropriate bilateral procedures, conditions, methods and techniwues for the implementatiion of the mutual agreement procedure provided for in this Article.
5. A Contracting State shall not, after the expirty of the time limits provided in its national laws and, in any case, after five years from years from the end taxable period in which the income connected has accrued, increase the tax base of a resident of either of the Contracting States. This paragraph shall not apply in the case of fraud, wilful default or neglect.
ARTICLE 26 EXCHANGE ON 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 other Contracting State concerning taxes covered by the Agreement, in so fat 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 trated 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 collectiion 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 procesdings or in judicial decisions.
2. In no case shall the provisions of paragraph 1 be construed so as to impose on one of the Contracting States the obligations :
a) to carry out administrative measures at variance with the laws and administrative practive of that or of the other Contracting State;
(b) to supply information which are 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 process or information, the disclosure of which would be contrary to public policy (order public).
ARTICLE 27 MISCELLANEOUSRULES The provisions of this Agreement shall not be contrued to restrict in any manner any exclusion, exemption, deduction, credit, or other allowance now or hereafter accorded :
a) by the laws of a Contracting State in the determination of the tax imposed by that State.
or b) by any other special arrangement on taxation in connection with the economic or technical cooperation between the Contracting States.
ARTICLE 28 DIPLOMATIC AND CONSULAR OFFICIALS Nothing in this Agreement shall affect the fiscal privileges of diplomatic agent or consular officials under the general rules of international law or under the provisions of special agreements.
ARTICLE 29 ASSISTANCE IN COLLECTION
1. Each of the Contracting States shall endeavor to collect on behalf of the other Contracting State such taxes imposed by that other Contracting State as will ensure that any exemption or reduced rate of tax granted under this Agreement by that other Contracting State shall not be enjoyed by persons not entitled to such benefits. The competent authorities of the Contracting State may consult together for the purpose of giving effect to this Article
2. In no case shall this Article be construed so as to impose upon a Contracting State the obligation to carry out administrative measure at variance with the regulations and practices of either Contracting Sate or which would be contrary to the first-mentioned Contracting State sovereigny, security or public policy.
CHAPTER VI FINAL PROVISIONS ARTICLE 30 ENTRY INTO FORCE
1. This Agreement shall enter into force on the later of the dates on which the respective Government may notify each other in writing that the formalities
constitutionally required in their respective States have been complied with.
2. The 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 forces; 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 forces.
ARTICLE 31 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 notive of termination on or before the thirtieth day of June of any calender year following after the period of 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 at source to income derived on or after 1 January in the next following that in which the notice of termination is given; 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 notice of termination is given.
IN WITNESS WHEREOF the undersigned, duly authorized thereto, have signed this Agreement.
DONE in duplicate at Cairo in day of May 13Th 1998 in the Indonesian, Arabic, and English languages, all three being equally authontic. In case there is any divergence of interpretation, the English text shall prevail.
For the Government of the For the Government of the Republic of INDONESIA Arab Republic of Egypt ttd.
ttd.
ALI ALATAS AMRE MOUSSA MINISTER OF FOREIGN AFFAIRS MINISTER OF FOREIGN AFFAIRS