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Interpretation of "beneficial owner" under tax treaties

14 May 2006

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Approved Changes

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Indonesia

Additional details regarding the Director-General of Taxation's circular letter SE-04/PJ.34/2005 dated 7 July 2005, in which guidance is given on how the term "beneficial owner" should be interpreted under tax treaties entered into by Indonesia, are available. A foreign company that claims treaty benefits is required to present its certificate of beneficial ownership in addition to its certificate of residence. The criteria under which a foreign company that received dividends, interest or royalties from Indonesia would qualify as a beneficial owner are: -   income is subject to tax in the foreign company's residence country; -   the foreign company...