CORPORATE
INCOME TAX
SERVICES IN
SAUDI ARABIA

Our Corporate Income Tax (CIT) service in Saudi Arabia is part of our tax consultancy services in Saudi Arabia.

Corporate Income Tax is interchangeably referred to as Corporate Tax across the GCC countries. It is a form of direct tax collected by governments as a source of income; it is levied on the net income or profits of corporations and businesses.

WHAT BUSINESS ACTIVITIES ARE SUBJECT TO CORPORATE INCOME TAX?

All types of business activities across all types and sectors are subject to Corporate Income Tax.

 

WHO IS SUBJECT TO CORPORATE INCOME TAX?

Non-Saudi investors are liable to Corporate Income Tax; while Saudi and GCC citizen investors countries (who are considered as Saudi citizens for tax related purposes) are subject for Zakat which is an Islamic assessment. If a company ownership is mixed, having both Saudi (or GCC) and non-GCC investors, then the non-GCC interest portion of taxable income is subject to Corporate Income Tax, and the Saudi (or GCC) share is liable for Zakat.

The following is the list of persons subject to Corporate Income Tax:

  • The provisions of the income tax system shall be applied to companies with resident funds for the shares owned directly or indirectly to non-Saudi persons, and for the shares owned either directly or indirectly by the persons engaged in the production of oil and hydrocarbons, whether they were natural or legal persons, residents or non-residents. It does not include the shares of the non-Saudi partners in resident funds listed in the financial market; nor the shares owned by non-Saudi for trade speculation purposes on the Saudi financial market.
  • A non-resident person who earns income from sources in the Kingdom without having a permanent establishment, shall be taxed as follows:
    • If the source of income is as specified in Article 68, then it shall be subject to withholding tax in accordance with the rules specified in aforementioned article.
    • If the income represents capital gains resulting from the disposal of shares in a resident company, then it will be subject to 20% capital gains.
  • All Natural Persons or Legal Persons, Saudi or non-Saudi engaged in the investment and natural gas sector.

 

WHO IS A RESIDENT PERSON?

  • A person is considered resident in the Kingdom during a taxable period if he has a permanent residency in the country and has stayed in the Kingdom for a period not less than 30 days (consecutive or non-consecutive) during a tax period; or if they have stayed in the Kingdom for a period not less than 183 days (consecutive or non-consecutive) even if he does not have a permanent residency.
  • The nationality of the person is not used to determine the place of residence, where the person, natural or legal, is considered a non-resident in the country if he does not meet the residency conditions specified in the regulations.

 

WHAT IS THE CORPORATE INCOME TAX RATE IN SAUDI ARABIA?

The Corporate Income Tax rate is 20% of the net adjusted profits, and the Zakat is charged on Zakat base at 2.5%.

However, the two following activities are charged a different corporate tax rate:

  • Income from oil and hydrocarbon production is subject to a tax rate in the range of 50% to 85%.
  • The tax base of a person working in natural gas investment is independent of the tax base related to the other activities performed by this person.

 

WHAT ARE SAUDI ARABIA – SOURCES OF INCOME?

The following types of income are considered from an activity that took place inside the Kingdom: 

  1. Debt returns for a non-resident in any of the following cases:
    • If the debt is secured by movable or non-movable property located in the Kingdom;
    • If the borrower is residing in the Kingdom; or
    • If the loan is related to an activity exercised in the Kingdom through a permanent establishment.
  2. Insurance and reinsurance premiums, in any of the following cases:
    • If the insured subject is located in Saudi Arabia;
    • If the insured subject is a resident of Saudi Arabia; or
    • If the insurance is for activities or risks related to an activity practiced in Saudi Arabia.
  3. Income from technical and consultancy services in any of the following cases:
    • If the service was provided to a resident person in Saudi Arabia; or
    • If the service is related to an activity practiced in Saudi Arabia.
  4. Income generated by a resident funds company from its operations and the operations of its branches inside or outside Saudi Arabia.
  5. Income derived from movable and non-movable funds that are related to an activity practiced in Saudi Arabia or related to it practiced through a resident person.
  6. Income generated from sales of goods and merchandise manufactured or produced inside Saudi Arabia.
  7. Contracts for the supply of goods to Saudi Arabia, including its related shipment and insurance contracts, shall not be considered as contracts that arose from an activity that took place in Saudi Arabia, unless the contracts include accompanying works such as internal transport, installation, maintenance, training, practiced inside Saudi Arabia. In this case, only the accompanying activities will be considered to have arisen from a source of activity in Saudi Arabia.
  8. Services are considered to have occurred in Saudi Arabia if:
    • The required service has been provided, completely or partially, in Saudi Arabia, even if it has been executed remotely, as physical presence is not a requirement for the service provider
    • If the service has been carried out on board on an aircraft or ship that works for a person carrying an activity inside Saudi Arabia.

CORPORATE INCOME TAX IN SAUDI ARABIA FAQs

Corporate Income Tax in Saudi Arabia applies to joint ventures based on the nationality of the partners involved. If the joint venture includes non-Saudi investors, their share of the income is subject to CIT, while the portion attributable to Saudi or GCC investors is liable for Zakat. The tax implications can be complex depending on the structure of the joint venture and the nature of its operations. Understanding the nuances of how CIT applies to joint ventures can help ensure compliance and optimize tax outcomes. Our tax experts are ready to assist you in navigating these complexities.

Foreign-owned companies operating in Saudi Arabia are generally subject to Corporate Income Tax on their profits. The tax rate is 20% on the net adjusted profits, but specific rules apply depending on the industry, such as higher rates for companies in the oil and hydrocarbons sectors. Foreign companies must also comply with local tax regulations, including withholding tax on certain types of payments to non-residents. Understanding these obligations is crucial for foreign companies to avoid penalties and ensure smooth operations in Saudi Arabia. Our team can provide the guidance you need to comply with these regulations.

Companies operating in Saudi Arabia are required to file their Corporate Income Tax returns annually, typically within 120 days following the end of their financial year. The tax return must include detailed financial statements, tax calculations, and any relevant supporting documentation. Failure to file on time can result in penalties and interest charges. Accurate and timely filing is essential to avoid complications. Our tax specialists can assist in ensuring your returns are filed correctly and on time.

Dividends distributed by a company in Saudi Arabia to its non-Saudi shareholders are subject to a 5% withholding tax. This tax is deducted at the source before the dividends are paid out. The withholding tax rate can be lower if a double tax treaty is in place between Saudi Arabia and the shareholder’s country of residence. Proper planning and understanding of dividend taxation are crucial for optimizing the returns to shareholders. We can help you navigate these rules and optimize your dividend distribution strategy.

Saudi tax laws allow certain deductions when calculating Corporate Income Tax, including operating expenses, depreciation of assets, and specific allowances. However, some expenses, like fines and penalties, are not deductible. Understanding what qualifies as a deductible expense is crucial for accurate tax planning. Additionally, specific sectors may have unique deductions or incentives. Consult with us to ensure you maximize your deductions and minimize your tax liability.

While VAT and Corporate Income Tax are distinct, they interact in ways that can affect a company’s overall tax strategy. VAT is levied on the sale of goods and services, while CIT is levied on profits. Understanding the interplay between these two taxes, especially regarding deductible expenses and how VAT payments may impact net profits, is essential for comprehensive tax planning. Our team can provide insights on managing both VAT and CIT effectively.

Saudi Arabia’s transfer pricing regulations require that transactions between related entities be conducted at arm’s length, meaning the terms should reflect those of transactions between independent parties. These regulations are crucial to prevent profit shifting and ensure that taxable income is accurately reported in Saudi Arabia. Non-compliance with transfer pricing rules can lead to significant penalties. Our experts can assist you in developing a transfer pricing strategy that complies with Saudi regulations while optimizing your tax position.

E-commerce businesses in Saudi Arabia are subject to the same Corporate Income Tax as traditional businesses, but there are unique considerations regarding VAT, cross-border transactions, and digital services. Revenue generated from online sales to Saudi residents is considered Saudi-sourced income, which makes it subject to CIT. Ensuring compliance in this fast-evolving sector requires a deep understanding of both corporate and VAT laws. Our team can help your e-commerce business stay compliant and optimize its tax strategy.

The oil and gas sector in Saudi Arabia faces higher Corporate Income Tax rates, ranging from 50% to 85%, depending on the level of participation and the type of activity. Companies engaged in this sector must adhere to stringent reporting and compliance requirements, including separate tax bases for different types of activities. Given the complexity and the potential for significant tax liabilities, companies in this sector need specialized tax planning and compliance strategies. Our experts have the industry-specific knowledge to help you navigate these challenges.

Capital allowances in Saudi Arabia allow businesses to deduct the cost of capital assets over time from their taxable profits, thereby reducing their tax liability. These allowances are spread over the useful life of the asset and are subject to specific rates and conditions set by the tax authority. Properly calculating and applying capital allowances can significantly impact a company’s taxable income. Let us help you accurately calculate your capital allowances to ensure compliance and optimize tax savings.

Real estate investments in Saudi Arabia, whether made by residents or non-residents, are subject to Corporate Income Tax if they generate income. This includes rental income, capital gains from property sales, and income from real estate development projects. The tax treatment can vary depending on the structure of the investment and the type of income generated. We can guide you through the tax implications of your real estate investments to ensure compliance and optimize returns.

Saudi tax law allows companies to carry forward losses from previous years to offset future taxable income, thereby reducing future tax liabilities. However, there are limitations on the period for which losses can be carried forward and the amount that can be offset in any given year. Proper management of loss carryforwards is crucial for tax planning, especially for businesses with fluctuating income. Our tax professionals can help you manage your loss carryforwards effectively to minimize your tax burden.

Saudi Arabia has entered into numerous international tax agreements (double tax treaties) that can impact how foreign income is taxed. These agreements often provide relief from double taxation, reduce withholding tax rates, and set out rules for determining tax residency. Understanding how these agreements apply to your business is essential for optimizing your international tax strategy. We can help you navigate the complexities of international tax agreements to ensure your business benefits from available tax reliefs.

The Saudi Tax Authority provides a formal process for resolving disputes related to Corporate Income Tax. This process involves filing an objection with the authority, which will review the case and issue a decision. If the taxpayer disagrees with the decision, they can appeal to the tax appeal committee. Navigating this process requires a thorough understanding of tax law and the ability to present a well-documented case. Our legal and tax experts can support you through every stage of a tax dispute to ensure the best possible outcome.

A permanent establishment in Saudi Arabia, defined as a fixed place of business or a significant presence through which business is conducted, is subject to Corporate Income Tax on the income attributed to that establishment. The definition of a permanent establishment can include branches, offices, factories, and construction sites, among others. Properly identifying and reporting income from permanent establishments is crucial to comply with tax regulations. Let us help you determine whether your business has a permanent establishment in Saudi Arabia and how to manage its tax obligations.

Cross-border transactions, including imports, exports, and services provided to or received from foreign entities, may be subject to Corporate Income Tax in Saudi Arabia, especially if they involve a permanent establishment within the country. Additionally, such transactions might also trigger VAT obligations. Managing cross-border transactions requires careful consideration of transfer pricing, withholding taxes, and international tax treaties to avoid double taxation and ensure compliance. Our team can provide expert advice on managing cross-border transactions efficiently and in compliance with Saudi tax laws.

Companies in Saudi Arabia are required to maintain accurate financial records and may be subject to audits by the tax authority to verify their Corporate Income Tax filings. These audits can include a review of financial statements, supporting documents, and tax calculations. The frequency and scope of audits can vary depending on the size and nature of the business. Being prepared for an audit is essential to avoid penalties and ensure that your tax affairs are in order. We can assist in preparing for audits and ensure that your company’s tax records meet regulatory standards.

For companies with both Saudi/GCC and non-GCC ownership, the Corporate Income Tax rate is applied only to the portion of the income attributable to non-GCC shareholders. The income attributable to Saudi/GCC shareholders is subject to Zakat instead of CIT. This mixed-ownership structure requires careful allocation of income and expenses to ensure that the correct tax is applied to each portion. Our tax professionals can assist you in accurately determining and reporting the correct tax amounts for mixed-ownership companies.

Startups in Saudi Arabia are subject to the same Corporate Income Tax regulations as established companies, which can impact their profitability, especially in the early stages. However, startups may be eligible for specific tax incentives or deductions that can help reduce their tax burden. Proper tax planning from the outset is essential for startups to manage their cash flow and ensure long-term success. Our team specializes in helping startups navigate tax challenges and optimize their tax strategies for growth.

Non-compliance with Saudi Corporate Income Tax laws can result in severe penalties, including fines, interest charges, and legal action. These penalties can arise from late filing, underreporting income, or failing to pay the correct amount of tax. In some cases, non-compliance can also lead to criminal charges, especially if there is evidence of tax evasion. Ensuring compliance with tax laws is essential to avoid these risks and maintain a good standing with the tax authorities. We can help you navigate the complexities of Saudi tax laws and ensure that your company remains compliant.

CORPORATE INCOME TAX IN QATAR

Any Person engaged in commercial activity in Qatar is subject to Corporate Income Tax. A commercial activity refers to any profession, vocation, service, trade, and contract in any industry. 

There is no tax on personal income in Qatar. However, any individual who exercises any type of commercial activity in the country for income-related purposes is subject to Corporate Income Tax. 

Further, the income of Qatari and GCC national resident investors in Qatar is exempted from Corporate Income Tax.

A resident is any natural person who owns permanent accommodation in the country or has stayed in Qatar for more than 183 days continuously or intermittently during a 12-months period. 

The corporate income tax rate on businesses in Qatar is 10% of taxable income paid annually. 

The taxable rate on oil operations is however not less than 35%.

Profits generated from the following activities are subject to Corporate Income Tax:

  1. Operating any commercial activity in the country.
  2. Contracts executed fully or partially in the country.
  3. Income generated from selling stocks, company shares, and individual companies that own real estate in the country.
  4. Services provided by a main company, it branches and other related entities.
  5. Income on loans provided from the country.
  1. Profits, gains and revenues on Public Treasury Bonds, Development Bonds and Public Corporation Bonds.
  2. Income from companies engaged in agriculture and fisheries.
  3. Income from companies engaged in craft activities that do not use machinery, and whose total annual income does not exceed QAR 200,000, and the number of employees does not exceed three within a taxable period, and which practice its activity through a single establishment.
  4. Small size entities with three employees or less.
  5. Income generated by non-Qatari companies for air navigation or marine operating in the country, on the condition of reciprocity.
  6. Interest and bank returns due to a natural person, resident or non-resident, who do not practice a taxable activity.
  7. Interest and returns on public debt and Islamic securities 
    • Profits earned from sale of real estate property or security realized by a natural person provided that the disposable property or security is not related to assets of a taxable activity.
  8. Dividends and other income:
    • If they are deducted from profits that have been taxed under the provision of the law.
    • Distributed by a company whose profits are exempt from tax under the provision of the law.

CORPORATE INCOME TAX IN KUWAIT

GCC companies based in Kuwait wholly owned by citizens of the GCC are not subject to Corporate Income Tax. While companies with foreign ownership or mixed ownership are subject to Corporate Income Tax to the extent of the non-GCC share of interest. 

Profits from the following sources are subject to Corporate Income Tax:

    1. Any profits and capital gains endured from conducting an industrial, services or commercial business or trade in Kuwait entirely or partially, or directly or through an agent.
    2. Any activity or business carried out entirely or partially in Kuwait whether the contract has been signed inside or outside Kuwait.
    3. Having a permanent establishment/presence in Kuwait where the sale and purchase contracts are signed or where the business activities are performed.
    4. Commission earned in cash or in kind from agreements of representation or commercial mediation.
    5. Gains received from the sale, lease or grant of franchise of an intellectual property (trademark, patent, copyright).
    6. Granting loans in Kuwait.
    7. Earning from property lease used in Kuwait.
    8. Profits earned from purchase or sale of property, goods or related monetary or moral rights in Kuwait.
    9. Profits resulting from providing management, technical, and consultancy services.
    10. Income from a contract that has been performed inside and outside Kuwait should be reported entirely for tax in Kuwait for income determination purposes.
    11. Trading activities in the Kuwait Stock Exchange (KSE); directly or through investment portfolios and funds.
  • Profits from the sales of goods to a buyer in Kuwait if the supplier of the goods is entirely not involved in any operations inside the country.
  • Profits of a corporate body gained from dealing in or disposing of securities listed in KSE; whether these activities has been conducted directly or through investment portfolios and funds.

The corporate tax rate in Kuwait is set at 15%.

CORPORATE INCOME TAX IN OMAN

  • Businesses and corporations established in Oman.
  • Branches.
  • Foreign entities with operational activities in Oman.

The Omani Shura Council (equivalent to the parliament) approved a draft law imposing individual income tax on high-income earners in Oman. Although the details of the draft were not released, it is expected that the tax would be charged at a low rate and would apply to both nationals and non-nationals meeting certain income thresholds.

The Shura Council passed the draft law on 6 November 2022. The draft law still requires the approval of the Cabinet and the endorsement of the Sultan (by way of Royal Decree) to become a law. This is expected by March 2023.

There are no exemptions on corporate tax. The corporate tax rate is uniform for all types of entities at a rate of 15%. Yet, income generated from the sale of oil and gas originating from Oman is taxed at 55%.

However, the Corporate Income Tax rate is 3% if the taxpayer does satisfy all the following conditions:

  • An Omani corporate entity.
  • Registered capital of OMR 50,000 or less at the beginning of the tax year.
  • Employs 15 staff or less.
  • Annual revenues for any tax year are OMR 100,000 or less.
  • Is not involved in activities related to banking, insurance, financial services, public utility concessions, air and sea transport, extraction of natural resources, or other activities decided by the Council of Ministers.

CORPORATE INCOME TAX IN BAHRAIN

There is no Corporate Income Tax imposed on income or profits in Bahrain, except for local and foreign companies that operate in the oil and gas sector or are engaged in the exploration, production, or refinery of fossil fuels/hydrocarbons. The taxable income rate for such companies is 46%.

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