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United States - Indonesia tax treaty

A practical treaty page built around the official treaty text, key withholding categories, permanent-establishment rules, and article-level summaries.

Signed

1988-07-11

Effective

1990-02-01

Articles seeded

6

Withholding snapshot

Dividends

Individual rate: 15% · Corporate rate: 10%

The lower 10 percent corporate rate generally depends on a direct-ownership threshold under the treaty. Indonesian domestic dividend-withholding rules apply where treaty conditions are not satisfied.

Interest

Rate: 10%

The treaty applies a 10 percent ceiling on most interest. Government and central-bank interest may obtain better treatment under the article.

Royalties

Rate: 10%

Royalties generally face a 10 percent ceiling under the treaty across the core categories.

Permanent establishment

Construction threshold: more than 120 days

Dependent-agent analysis remains important under the treaty wording, with specified habitual-conclusion-of-contracts rules.

Other treaty flags

Pensions: residence
Protocols: None seeded
Exchange of information: Yes
Student article: Yes
Teacher article: Yes

Pension treatment is article-specific under the treaty wording.

Seeded article summaries

Article 4

Residence

Defines treaty residence and provides tie-breaker tests for dual residents.

Article 4 is the entry point for treaty entitlement and matters for both individuals and entities whose residence determination depends on the treaty rather than purely domestic law.

Article 5

Permanent Establishment

Sets the business-presence threshold including a service-PE rule.

The Indonesia treaty includes a service-PE provision that can create a permanent establishment based on the furnishing of services beyond a defined number of days. Practical analysis requires careful tracking of service-presence days.

Article 7

Business Profits

Generally reserves business profits to the residence state in the absence of a permanent establishment.

Article 7 is the operating rule for cross-border services. The interplay with the service-PE rule in Article 5 makes day-counting and contract structure important.

Article 10

Dividends

Caps source-country withholding on dividends at treaty ceilings that vary with shareholding.

Article 10 produces the 15 percent portfolio rate and the lower 10 percent direct-investment rate shown in IRS Treaty Table 1.

Article 11

Interest

Limits source-country withholding on qualifying interest to a 10 percent ceiling.

Article 11 reflects the treaty's 10 percent ceiling on most interest, subject to specified carve-outs for government and central-bank interest.

Article 12

Royalties

Limits source-country withholding on royalties to a 10 percent ceiling.

Article 12 caps royalties at 10 percent. Article-by-article review remains important to determine category classification in specific fact patterns.

Official text

Other treaties involving these jurisdictions

Computed from the cross-reference graph. Links open the related entity on this site.

Important disclaimer

This library is for general tax education only. Always verify filing obligations, due dates, and tax consequences against the cited primary source or with a qualified tax professional.