Amerika
PROTOCOL
AMENDING THE CONVENTION BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
AND
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
FOR
THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
WITH A RELATED PROTOCOL AND EXCHANGE OF NOTES
SIGNED AT JAKARTA ON THE 11TH DAY OF JULY, 1988
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Paragraph 2 of Article 11 of the Convention shall be deleted and replaced by the following:
"However, if the beneficial owner of the pidends is a resident of the other Contracting State, the tax charged by the first-mentioned State may not exceed:
(a) 10% of the gross amount of the pidends if the beneficial owner is a company that owns directly at least 25% of the voting stock of the company paying the pidends;
(b) 15% of the gross amount of the pidends in all other cases."
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Paragraph 4 of Article 11 of the Convention shall be deleted and replaced by the following:
"Where a company which is a resident of a Contracting State has a permanent establishment in the other Contracting State, that other State may impose an additional tax in accordance with its law on the profits attributable to the permanent establishment (after deducting therefrom the company tax and other taxes on income imposed thereon in that other State) and on interest payments allocable to the permanent establishment, but the additional tax so charged shall not exceed 10%."
Paragraphs 2 and 3 of Article 12 of the Convention shall be deleted and replaced by the following:
| "2. |
The rate of tax imposed by one of the Contracting States on interest derived from sources within that Contracting State and beneficially owned by a resident of the other Contracting State shall not exceed 10% of the gross amount of such interest. |
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| 3. |
Notwithstanding paragraphs 1 and 2, interest arising in one of the two States shall be taxable only in the other State to the extent that such interest is derived by: |
|
| (i) |
The Government of the other State, including political subpisions and local authorities thereof, or |
|
| (ii) |
the Central Bank of the other State; or |
|
| (iii) |
a financial institution owned or controlled by the Government of the other State, including political subpisions and local authorities thereof." |
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Paragraph 2 of Article 13 of the Convention shall be deleted and replaced by the following:
| "2. |
The rate of tax imposed by a Contracting State on royalties derived from sources within that Contracting State and beneficially owned by a resident of the other Contracting State shall not exceed 10% of the gross amount of royalties described in paragraph 3." |
This Protocol shall be an integral and inseparable part of the Convention between the Government of the United States of America and the Government of the Republic of Indonesia for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, with a related protocol and exchange of notes signed at Jakarta on the 11th day of July, 1988.
This Protocol shall be subject to ratification and instruments of ratification shall be exchanged as soon as possible. It shall enter into force on the date of exchange of the instruments of ratification. The provisions shall for the first time have effect for amounts paid or credited on or after the first day of the second month next following the date on which the Protocol enters into force.
In witness whereof, the undersigned, duly authorized thereto by their respective Governments, have signed this Protocol.
Done at Jakarta, in duplicate, in the English language, this 24th day of July, 1996.
| For the Government of the Republic of Indonesia |
For the Government of the United States of America |