Uni Emirat Arab (United Arab Emirates
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF THE UNITED ARAB EMIRATES 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 a Contracting State, or its political subpisions 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 alienation of movable or immovable property. The existing taxes to which this Agreement shall apply [are]: (a) in the case of Indonesia : the income tax imposed under the Undang-undang Pajak Penghasilan 1984 (Law No. 7 of 1983 as amended) (income tax laws) (hereinafter referred to as Indonesian tax); (b) in the case of the United Arab Emirates : income tax, corporation tax (hereinafter referred to as U.A.E. tax). This Agreement shall also apply to any identical or substantially similar taxes which are imposed after the date of signature of this Agreement in addition to, or in place of, the existing taxes referred to in paragraph 2. The competent authorities of the Contracting States shall notify each other of any substantial changes which are made in their respective taxation laws within a reasonable period of time after such changes. Article 3 GENERAL DEFINITION For the purpose of this Agreement, unless the context otherwise requires : (a) the terms a “Contracting State” and “the other Contracting State” mean, as the context requires, the United Arab Emirates of the Republic of Indonesia; (b) the term “Indonesia” comprises the territory of the Republic of Indonesia as defined in its laws and the adjacent areas over which the Republic of Indonesia has sovereignty, sovereign rights or jurisdiction in accordance with the provisions of the United Nations Convention on the Law of the Sea, 1982; (c) the term “United Arab Emirates”, means the United Arab Emirates and, when used in [the] geographical sense, means its territory, including islands, territorial sea, and any other area in the sea or in the air within which the United Arab Emirates exercises under its law and in conformity with international law, sovereign rights or its jurisdiction; (d) the term “tax” means U.A.E. tax or Indonesian tax as the context requires; (e) the term “person” includes an inpidual, a company, or any other body of persons; (f) the term “company” means any body corporate or any entity which is treated as a body corporate for tax purposes; (g) 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; (h) the term “national” means all inpiduals possessing the nationality of a Contracting State and all legal persons, partnerships and associations deriving their status as such from the law in force in a Contracting State. The term “international traffic” means any transport by ships 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. The term “competent authority” means : (i) in case of the Republic Indonesia, the Minister of Finance or his authorised representative; and (ii) in the case of U.A.E., the Minister of Finance and Industry or his authorised representative. In the application of this Agreement by either of the Contracting States, 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 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. Where by reason of the provisions of paragraph 1 an inpidual is deemed to be a resident of both Contracting States, then his status shall be defined as follows: (i) 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 Contracting States, he shall be deemed to be a resident of the Contracting State with which his personal and economic relations are closer (centre of vital interests); (ii) if the Contracting 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 Contracting State, he shall be deemed to be a resident of the Contracting State in which he has an habitual abode; (iii) if he has an habitual abode in both Contracting States or in neither of them, he shall be deemed to be a resident of the Contracting State of which he is a national; (iv) if he is a national of both Contracting States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement. Where by reason of the provisions of paragraph one a person other than an inpidual is a resident of both Contracting States then it shall be deemed to be a resident of the State in which its place of effective management is situated. Article 5 PERMANENT ESTABLISHMENT 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. The term “permanent establishment” shall include specifically: (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop; (f) a mine,