In the case, SIG sold machines to PT Nestle in Indonesia. Until now, the customer still uses maintenance services provided by SIG once the customer encounter problems with the machine. An accounting department of the customer informed SIG that the maintenance service fee is subject to 20% WHT. As the fee paid for maintenance service does not meet the meaning of tax regulation given under the DTA, it is therefore regarded as business income/profit under Article 7 of the DTA.
According to Article 7 of the DTA, business profit of a SIG-Thai would be exempted from taxes in Indonesia provided that such a Thai company does not have a PE in Indonesia. Therefore, the service fee paid to SIG is exempted from Indonesia taxes by virtue of Article 7 of the DTA mentioned earlier.
In this regard about the service fee is entitled to tax exemption under the DTA between Thailand and Indonesia.