KEPUTUSAN PRESIDEN REPUBLIK INDONESIA Nomor 148 Tahun 1998 tentang PENGESAHAN AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME (berlaku 15 Juli 1997)
Pembukaan
Menimbang
- a. bahwa di Jakarta, pada tanggal 15 Juli 1997 Pemerintah Republik Indonesia telah menandatangani Agreement between the Government of the Republic of Indonesia and the Government of the Republic of South Africa for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income, sebagai hasil perundingan antara Delegasi-delegasi Pemerintah Republik Indonesia dan Pemerintah Republik Afrika Selatan;
- b. bahwa sehubungan dengan itu, dan sesuai dengan Amanat Presiden Republik Indonesia kepada Ketua Dewan Perwakilan Rakyat Nomor 2826/HK/1960 tanggal 22 Agustus 1960 tentang Pembuatan Perjanjian-perjanjian dengan Negara Lain, dipandang perlu untuk mengesahkan Agreement tersebut dengan Keputusan Presiden;
Mengingat
:
Pasal 4 ayat (1) Undang-Undang Dasar 1945;
MEMUTUSKAN :
Menetapkan
:
KEPUTUSAN PRESIDEN TENTANG PENGESAHAN AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME.
Pasal 1
Mengesahkan Agreement between the Government of the Republic of Indonesia and the Government of the Republic of South Africa for the Avoidance of Double Taxation and the Prention of Fiscal Evasion with Respect to Taxes on Income, yang telah ditandatangani Pemerintah Republik Indonesia di Jakarta, pada tanggal 15 Juli 1997 sebagai hasil perundingan antara Delegasi-delegasi Pemerintah Republik Indonesia dan Pemerintah Republik Afrika Selatan yang salinan naskah aslinya dalam bahasa Inggris sebagaimana terlampir pada Keputusan Presiden ini.
Pasal 4
MEMUTUSKAN :
Menetapkan
:
KEPUTUSAN PRESIDEN TENTANG PENGESAHAN AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME.
Mengesahkan Agreement between the Government of the Republic of Indonesia and the Government of the Republic of South Africa for the Avoidance of Double Taxation and the Prention of Fiscal Evasion with Respect to Taxes on Income, yang telah ditandatangani Pemerintah Republik Indonesia di Jakarta, pada tanggal 15 Juli 1997 sebagai hasil perundingan antara Delegasi-delegasi Pemerintah Republik Indonesia dan Pemerintah Republik Afrika Selatan yang salinan naskah aslinya dalam bahasa Inggris sebagaimana terlampir pada Keputusan Presiden ini.
Keputusan Presiden ini mulai berlaku pada tanggal ditetapkan.
PENUTUP
Pengesahan
Penetapan: Agar setiap orang mengetahuinya, memerintahkan pengundangan Keputusan Presiden ini dengan penempatannya dalam Lembaran Negara Republik Indonesia.

Penetapan: Dikeluarkan di Jakarta pada tanggal 18 September 1998 PRESIDEN REPUBLIK INDONESIA

Verifikasi: ttd. BACHARUDDIN JUSUF HABIBIE

Penetapan: Diundangkan di Jakarta pada tanggal 18 September 1998 MENTERI NEGARA SEKRETARIS NEGARA REPUBLIK INDONESIA

Verifikasi: ttd. AKBAR TANDJUNG ## AGREEMENT ## BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDONESIA AND THE GOVERNMENT OF THE REPUBLIK OF SOUTH AFRICA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME ## PREAMBLE The Government of the Republic of Indonesia and the Government of the Republic of South Africa desiring to conclude an Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and to promote and strengthen the economic relations between the two countries, ## HAVE AGREED AS FOLLOWS: ## Article 1 PERSONS COVERED

Penandatangan: This Agreement shall apply to persons who are residents of one or both of the Contracting States. ## Article 2 TAXES COVERED

Penandatangan: 1. This Agreement shall apply to taxes on income imposed on behalf of a Contracting State or of its political subdivisions, irrespective of the manner in which they are levied. 2. There shall be regarded as taxes on income all taxes imposed on total income, or on elements of income, including taxes on gains from the alienation of movable or immovable property. 3. The existing taxes to which this Agreement shall apply are : 4. (a) In Indonesia; 5. (i) the income tax imposed under the Undang-undang Pajak Penghasilan 1984 (Law Number 7 of 1983, as amended) (hereinafter referred to as "Indonesian tax"); and - (b) in South Africa: - (i) the normal tax; and - (ii) the secondary tax on companies; - (hereinafter referred to as "South African tax").

Penandatangan: 4. The Agreement shall apply also to any identical or substantially similar taxes which are imposed by either Contracting State after 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 significant changes which have been made in their respective taxation laws. ## Article 3 GENERAL DEFINITIONS 1. For the purposes of this Agreement, unless the context otherwise requires:

Distribusi: 2. (a) the term Indonesia means the territory of the Republic of Indonesia as defined in its laws, and parts of the continental shelf and adjacent seas over which the Republic of Indonesia has sovereign rights or jurisdiction in accordance with international law;

Distribusi: 3. (b) the term South Africa means the Republic of South Africa and, ehen iused in a geographical sense, includes the territorial sea thereof as well as any area outside the territorial sea, including the contonental shelf, which has been or may hereafter be designated, under the laws of South Africa and in accordance with international law, as an area within which South Africa may exercise sovereign rights or jurisdiction;

Penandatangan: 4. (c) the terms a Contracting State and the other Contracting State mean Indonesia or South Africa, as the context requires; 5. (d) the term company means any body corporate or any entity which is treated as a company or body corporate for tax purposes; 6. (e) the term competent authority means:

Penandatangan: 7. (i) in Indonesia, the Minister of Finance or his authorised representative; and

Distribusi: 8. (ii) in South Africa, the Commissioner for Inland Revenue or his authorised representative;

Penandatangan: 9. (f) 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 eterprise carried on by a resident of the other Contracting State;

Penandatangan: 10. (g) 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; 11. (h) the term "national" means :

Penandatangan: 12. (i) any individual possessing the nationality of a Contracting State; 13. (ii) any legal person or association deriving its status as such from the laws in force in a Contractig State; and 14. (i) the term person includes an individual, a company and any other body of persons which is treated as an entity for tax purposes.

Penandatangan: 2. As regards the application of the provisions of the Agreement at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning which it has at that time under the law of that State for the purposes of the taxes to which the Agreement applices, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State. ## Article 4 RESIDENT

Penandatangan: 1. For the purposes of this Agreement, the term resident of a Contracting State means : - (a) in Indonesia any person who, under the laws of Indonesia, is liable to tax therein by reason of his domicile, residence, place of management or any other criterion of a similar nature, but this term does not include any person who is liable to tax in Indonesia in respect only of income from sources in Indonesia; - (b) in South Africa, any individual who is ordinarily resident in South Africa and any person other than an individual which has its place of effective management in South Africa; - (c) that State and any political subdivision or local authority thereof.

Penandatangan: 2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then his status shall be determined as follows : - (a) he shall he deemed to be a resident only of the State in which he has a permanent home available to him if he has a permanent home aviable 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 has not a permanent home avaible to him in either State, he shall be deemed to be a resident only 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, he shall be deemed to be a resident only of the State of which he is a national;

Penandatangan: - (d) if he is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement.

Penandatangan: 3. Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, the compentent authorities of the Contracting States shall settle the question by mutual agreement. ## Article 5 ## PERMANENT ESTABLISHMENT 1. For the purposes of this Agreement, the term "permanent establishment" means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2. The term "permanent establishment" includes especialy : 3. (a) a place of management; 4. (b) a branch; 5. (c) on office; 6. (d) a factory; 7. (e) a workshop; 8. (f) a warehouse or premise used a sales aoutlet; 9. (g) a mine, an oil or gas well, a quarry or other place of extraction of natural resources; and 10. (h) a ship, drilling rig, installation or other structure used for the exploration or exploitation of natural resources. 3. The term permanent establishment likewise encompasses : 2. (a) a building site, a construction, assembly or installation project or supervisory activity in connection with such site or activity, but only where such site, project or activity continues for a period of more than six months;

Penandatangan: 3. (b) the furnishing of services, including consultancy services, by an enterprise through employees or other personnel engaged by an enterprise for such purpose, but only where activities of that nature continue (for the same or a connected project) within the Contracting State for a period or periods aggregating more than 120 days in any twelve-month period commencing or ending in the fiscal year concerned. 4. Notwithstanding the preceding provisions of this Article, the term permanent establishment shall be deemed not to include : 5. (a) the use of facilities solely for the purpose of storage or display of goods or merchandise belonging to the enterprise; 6. (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage or display; 7. (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; 8. (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise, or for collecting information, for the enterprise; 9. (e) 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; and 10. (f) the maintenance of a fixed place of business solely for any comnination of activities mentioned in subparagraphs (a) to (e), provided that the overall activity of the fixed place of business resuting from this combination is of a preparatory or auxiliary character.

Penandatangan: 5. Notwithstanding the provision of paragraphs 1 and 2, where a person - other than an agent of an independent status to whom paragraphs 6 applies - is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts in the name of the enterprise, that enterprise shall be deemed to have a permanent establishmen in that State in respect of any activities with that person undertakes for interprise, 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.

Penandatangan: 6. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such

Penandatangan: persons are acting in the ordinary course of their business.

Penandatangan: 7. 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

Penandatangan: 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.

Penandatangan: 2. the term "immovable property" shall have the meaning which it has under the law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and 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 paragraphs 1 shall apply to income derived from the direct use, letting or use in any other form of immovable property. 4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property used for the performance of independent personal services. ## Article 7 ## BUSINESS PROFITS

Penandatangan: 1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on busines as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to : 2. (a) that permanent establishment : 3. (b) sales in that other State of goods or merchandise of the same kind as those sold through that permanent establishment; or 4. (c) other business activities carried on in that other State of the same kind as those effected through that permanent establishment.

Penandatangan: 2. Subject to the provisions of paragraph 3., where an enterprise of a Contracting State curries 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.

Penandatangan: 3. In determining the profits of a permanent establishment, there shall be allowed as deductions expenses which are incurred for the purposes of the permanent establisment, including executive and general administrative expenses so incurred, whether in the Contracting State in which the permanent establishment is situated or elsewhere.

Penandatangan: 4. 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 the total profits of the enterprise to its various parts, nothing in paragraph 2 shall preclude that Contracting State from determining the profits to be taxed by such an apportionment as may be customary. The method of apportionment adopted shall, however, be such that the result shall be in accordance with the principles contained in this Article. 5. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 6. For the 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. 7. Where profits include items of income which are dealt with separately in other Articles of this Agreement, then the provisions of those Article shall not be affected by the provisions of this Article. ## Article 8 ## SHIPPING AND AIR TRANSPORT

Penandatangan: 1. Profits of an enterprise of Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State. 2. For the purposes of this Article, profits from the operation of ships or aircraft in international traffic shall include profits derived from the rental on a bare boat basis of ships or aircraft used in international traffic, if such profits are incidental to the profits to which the provisions of paragraph 1 apply.

Penandatangan: 3. Profits of an enterprise of a Contracting State form the use, maintenance or rental of containers (including trailers, barges and related equipment for the transport of containers) used for the transport in international traffic of goods or merchandise shall be taxable only in that State. 4. The provisions of paragraph 1 shall also apply to profits from the participation in a pool, a joint business or an international operating agency. Article 9 ## 1. Where :

Penandatangan: - (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an rnterprise of the other Contracting State; or

Penandatangan: - (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 enterprise in their commercial or financial relations which differ from those which would be made between independent enterprises, then any prifits which would, but for those conditions, have accurued, may be included in the profits of that enterprise and taxed accordingly.

Penandatangan: 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 accurued to the enterprise of the first mentioned State if the conditions made between the two enterprises, then that other State may make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjusment, due regard shall be had to the other provisions of this Agreement and the competent authorities of the Contracting States shall if necessary consult each other. ## Article 10 ## DIVIDENDS

Penandatangan: 1. Dividends paid by a company which is a resedent of a Contracting State to a resident of the other Contracting State may be taxed in that other State.

Penandatangan: 2. However, such dividends may also be taxed in the Contracting State of which the cpmpany paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is resident of the other Contracting State, the tax so charged shall not exceed : 3. (a) 10 per cent of the gross amount of the dividends if the beneficial owner is a company which holds at least 10 percent of the capital of the company paying the dividends; or 4. (b) 15 per cent of the gross amount of the dividends in all other cases.

Penandatangan: 5. The competent authorities of the Contracting States shall settle the mode of application of these limitations by mutual agreement. 6. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.

Penandatangan: 3. The term dividends as used in this Article means income from shares or other rights participating in profits (not being debt-claims), 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 Contracting State of which the company making the distribution is a resident.

Penandatangan: 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

Penandatangan: Contracting State of which the company paying the dividends is a resident, through a permanent establisment situated therein, or performs in that other State independent personal servies 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.

Penandatangan: 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 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 to tax on undistributed profits even if the dividends paid or the undistributed profitd consist wholly or partly of profits or income arising in such other State. ## Article 11 INTEREST

Penandatangan: 1. 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.

Penandatangan: 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 per cent of the gross amount of the interest.

Penandatangan: 3. Notwithstanding the provisions of paragraph 2, interest arising in a Contracting State shall be exempt from tax in that State if :

Penandatangan: 4. (a) the payer of the interest is the Government of that Contracting State or a political subdivision or a local authority thereof : or

Penandatangan: 5. (b) the interest is paid to the Government of the other Contracting State or a political subdivision or a local autority thereof; or 6. (c) the interest is paid to the Bank of Indonesia or the South African Reserve Bank. 4. 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 State in which the income arises, including interest on deferred payment sales. Penatly charges for late payment shall not be regarded as interest for the purposes of this Article.

Penandatangan: 5. The provision of paragraph 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 arises, through a permanent establishment situated therein, or perroms 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 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.

Penandatangan: 6. Interest shall be deemed to arise in a Contracting State when the payer is 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.

Penandatangan: 7. 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

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

Penandatangan: 2. However, such royalties may also be taxed in the Contracting State in which they arise, and according to the laws of that State, but if the recipient is the beneficial owner of the royalties, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties. 3. The term "royalties" in this Article means payments or credits, whether periodical or not, and however described or computed, to the extent to which they are made as considereation for :

Distribusi: 4. (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 5. (b) the use of, or the right to use, any industrial, commercial or scientific equipment, excluding containers used in international traffic; or 6. (c) the supply of scientific, technical, industrial or commercial knowledge or information; or 7. (d) the supply of any assistence that is ancillary and subsidiary to, and is furnished as a means of enabling the application or 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 information as is mentioned in sub-paragraph (c); or 8. (e) the use of, or the right or use : 9. (i) motion picture films; or 10. (ii) films or video for use in connection eith television; or 11. (iii) tapes for use in connection with radio broadcasting; or 12. (f) total or partial forbearance in respect of the use or supply or any property or right referred to in this paragraph.

Penandatangan: 4. The provisions of paragraphs 1 and 2 shal 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 form 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 paragrah 1 of Article 7. In such case, the provisions of Article 7 or Article 14, as the case may be, shall apply.

Penandatangan: 5. Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the royalties, wheter he is a resident of a Contracting State or not, has in a Contracting State a permenent establishment or a fixed base with which the right or property in respect of which the royalties are paid is effectively connected, 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.

Penandatangan: 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 ampunt 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 payments 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

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

Penandatangan: 2. Gains from the alineation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in 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 indenpendent personal service, including such gains from the alienation of such a permanent establishment (alone or with the whose enterprise) or of such fixed base, may be taxed in that other State.

Penandatangan: 3. Gains derived by an enterprise of a Contracting State from the alienation of ship 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.

Penandatangan: 4. Gains from the alienation of any property other than that referred to in the preceding paragraphs, shall be taxable only in the Contracting State of which the alienator is a resident. ## Article 14 ## INDEPENDENT PERSONAL SERVICES

Penandatangan: 1. Income derived by an individual who is a resident of a Contracting State in respect of professional sevices or other activities of an indenpendent 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. If he has such a fixed base, the income may be taxed in the other State but only so much of it as is attributable to that fixed base. For the purposes of this Agreement, where an individual who is a resident of a Contracting State is present in the other Contracting State for a period or periods exceeding in the aggregate 120 days in any twelve-month period Commencing or ending in the fiscal year concerned, he shall be deemed to have a fixed base regularly available to him in that other State and the income that is derived from his activities that are performed. in that other State shall be attributable to that fixed base.

Distribusi: 2. The term "profesional services" includes especially indenpendent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentisis and accountants. ## Article 15 ## DEPENDENT PERSONAL SERVICES

Penandatangan: 1. Subject to the provisions of Articles 16, 18, and 19, 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.

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

Distribusi: 3. (a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve-month period commencing or ending in the fiscal year concerned; and 4. (b) the remuneration is paid by or on behalf of an employer who is not a resident of the other State; and 5. (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

Penandatangan: traffic by an enterprise of a Contracting State may be taxed in that State. ## Article 16

Penandatangan: ## DIRECTORS'FEES

Penandatangan: Directors fees and similar payments derived by a resident of a Contracting State in his capasity as a member of the board of directors or any other silmilar organ of a company which is a resident of the other Contracting State may be taxed in that other State. ## Article 17 ## ENTERTAINERS AND SPORTSPENSONS

Penandatangan: 1. Notwithstanding the provisions of Articles 7, 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 a sportsperson, from his personal activities as such exercised in the other Contracting State, may be taxed in that other State.

Penandatangan: 2. Where income in respect of personal activities exercised by an entertainer or a sportsperson in his capacity as such acrues not to the entertainer or sportsperson 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 sportsperson are exercised.

Penandatangan: 3. Income derived by a resident of a Contracting State from activities exercised in the other Contracting State as envisaged in paragraphs 1 and 2 of this Article, shall be exempt from tax in that other State if the visit to that other State is supported wholly or mainly by public funds of the first-mentio