Saudi Arabia - Saudi Arabia2012

Page 1

DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

DOING BUSINESS SAUDI ARABIA IN

HLB Otain | Mudaiheem

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

.

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

doing business in Saudi Arabia

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

foreword This booklet has been prepared for the use of clients, partners and staff of HLB International member firms. It is designed to give some general information to those contemplating doing business in Saudi Arabia and is not intended to be a comprehensive document. You should consult us, therefore, before taking further action. HLB Otain Mudaiheem CPAs and HLB International cannot be held liable for any action or business decision taken on the basis of information in this booklet. HLB Otain Mudaiheem CPAs August 2012

1

Doing Business in Saudi Arabia

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

about HLB International Formed in 1969, HLB International is a world-wide network of independent professional accounting firms and business advisers. The network comprises member firms in over 100 countries who, collectively, have 1,900 partners plus 14,500 staff in 500 offices. Member firms provide clients with a comprehensive and personal service relating to auditing, taxation, accounting and general and financial management advice. Up-to-date information and general assistance on international matters can be obtained from any of the member firm partners of HLB Otain Mudaiheem CPAs listed in this booklet or from the Executive Office in London. HLB International Executive Office 21 Ebury Street London SW1W 0LD UK Telephone +44 (0)20 7881 1100 Fax +44 (0)20 7881 1109 Email: mailbox@hlbi.com Website: www.hlbi.com

HLB International is a world-wide network of independent professional accounting firms and business advisers, each of which is a separate and independent legal entity and as such has no liability for the acts and omissions of any other member. HLB International Limited is an English company limited by guarantee which co-ordinates the international activities of the HLB International network but does not provide, supervise or manage professional services to clients. Accordingly, HLB International Limited has no liability for the acts and omissions of any member of the HLB International network, and vice versa. Doing Business in Saudi Arabia

2

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

contents FOREWORD

1

AUDITING

11

ABOUT HLB INTERNATIONAL

2

GENERAL INFORMATION Climate Population Currency Measures and Weights Calendar Language Government Legal System Macroeconomic Conditions Economy International Organizations Transportation Other Information

4 4 4 4 4 4 4 4 4 5 5 5 5 5

TAXATION Reporting period Tax rates Persons subject to tax Concept of residency Permanent establishment Sources of income Individual taxation Withholding tax Withholding tax rates Tax Agreements

12 12 12 13 13 13 13 14 14 14 14

HLB IN SAUDI ARABIA

15

INVESTMENT FACTORS Governmental policy and incentives Regulatory incentives Custom Duties Sources of finance Import and export of goods

7 7 7 7 7 7

Immigration law for foreign employee and investors

7

Employment regulations Visas Health Insurance Cultural and Lifestyle

8 8 9 9

TYPES OF BUSINESS ORGANISATIONS Limited liability Company Joint Stock Company Branch Office Other forms of business General requirements for foreign investments in Saudi Arabia

10

3

Doing Business in Saudi Arabia

10 10 10 10 10

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

general information Saudi Arabia is officially known as the Kingdom of Saudi Arabia which was founded by Abdul-Aziz bin Saud in 1932. The kingdom is sometimes called "The Land of the Two Holy Mosques" in reference to the Grand Mosque (in Makkah) and The Prophet's Mosque (in Medina), the two holiest places in Islam. Saudi Arabia Area: Total area is 2,149,690 sq km 830,000 sq mi.

Measures and Weights The metric system is generally used in Saudi Arabia for measures and the Kilogram for weights. Calendar The Hijri calendar starts on the day that the Prophet Mohammed (Peace be upon Him) migrated from Makkah to Madinah and it is the official calendar in Saudi Arabia.

Climate Language The climate of Saudi Arabia varies from one region to another because of its diverse topographical features. The main cities are marked by high temperatures in summer. Winter temperatures in the northern and central regions may drop to below freezing. Rainfall, from none at all for up to 10 years in the Rub Al-Khali, to 20 inches a year in the mountains of Asir Province. Population It is estimated to be 27 million including over 8 million expatriates. The population was nomadic but due to the rapid economic and urban growth, most of the population now is settled. Saudi Arabia's population is characterized by rapid growth and a large cohort of youths. The expatriates are manly from Arab and Asian countries. Currency The official currency of Saudi Arabia is the Saudi Riyal (SR). It is pegged to U.S. dollar ($1=SR3.75).

The official and common language of most of the people of Saudi Arabia is Arabic. English is widely spoken in urban areas. English is taught in schools from the elementary school level. Government The King of Saudi Arabia is both head of state and head of government (Prime Minister). The Council of Ministers is the direct executive authority in the Kingdom. The Council of Ministers has the power to set down the nation's internal, external, financial, economic, educational, and defense policies. Legal System Islamic Shari'ah, derived from the Qur'an and the Sunnah, forms the basis of Saudi Arabia's legal system. The current Saudi court system is composed of a Supreme Court, Courts of Appeals, and First-Instance Courts (General Courts and Summary Courts). Saudi Arabia also has an administrative judicial body known as the Board of Grievances which stands alongside the Courts System and is affiliated directly with the King. Litigation in Saudi Arabia is not a common practice.

Doing Business in Saudi Arabia

4

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

Arbitration is favored over litigation. However, grievances, including those related to government administrative decisions and commercial disputes protested before the Board of Grievances in accordance with the regulations. Decisions issued by the Board of Grievances are appealable to the audit committees of the Board of Grievances. Decisions involving public funds are automatically audited. Macroeconomic Conditions In 2011 Saudi Arabia’s GDP stood at USD 576.9 billion, a growth of 6.8%, while per capita GDP was at USD 20,244. According to World Bank/IFC Doing Business Project (Economies are ranked on their ease of doing business, from 1 – 183. Saudi Arabia 2012 figures are: Starting a Business 10, Registering Property 1, Getting Credit 48, Protecting Investors 17, Paying Taxes 10, Trading Across Borders 18, Enforcing Contracts 138, Resolving Insolvency 73. Economy Saudi Arabia's economy is booming thanks to oil exports and heavy government spending. The non-oil private sector provides less than 50 percent of GDP. The Saudi government is undertaking huge initiatives to transform its economy. Some of these initiatives are: - Higher Education: more than 20 universities are inaugurated in the last 4 years. Each one is building stat of the art campus and huge expansion for old universities campuses is also taking place. The King approved a program to send thousands of Saudi youth to study abroad each year. The number of Saudi with overseas scholarships is over 150,000 by early 2012. - Health Care: More than 100 new hospitals and 5 specialized medical

5

Doing Business in Saudi Arabia

cities are under construction. - New economic cities: The Kingdome is building new 5 economic cites. One of them, King Abdullah Economic City near Jeddah is expected to have a population of more than 2 million by 2020. Also new financial center is being built in Riyadh with estimated cost of more than $8b. International Organizations Saudi Arabia is a member of the World Trade Organization (WTO) and several other international and regional economic associations, including the Gulf Cooperative Council (GCC), a political and economic union that includes another five countries in the Arabian Peninsula. Transportation Air: Saudi Arabia has 28 civilian airports (Jeddah airport is being expanded with an $8b contract) and its national airlines (Saudi Airlines) are upgrading its fleet. A new initiative has been announced to allow none Saudi companies to operate local flights. Real network: Two major projects under construction. One from north of Saudi to a port in eastern Saudi (mainly for transportation of mining products) already in final stages and one high speed project linking Makkah with Medina passing through Jeddah. Two other projects are on the pipeline. One linking Eastern Saudi with its Western part and one linking the Kingdome with other GCC countries. Road: Saudi Arabia has invested heavily in building its national highway network. Thousands of kilometers in new highways are under construction. Other Information Saudi Arabia is three hours ahead of Greenwich Mean Time (GMT +3). Government business hours are 07.30 – 14.30, while most private business operate between 9:00 – 18:00.

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

The "weekend" in Saudi Arabia is Thursday and Friday and most people pray five times a day. By law shops needs to close during prayers time. During the month of Ramadan (fasting month), businesses slow down noticeably. While none Muslims are not expected to fast, they should refrain from eating in public and in the presence of those who are fasting. The international dialing code for telephone calls is +966.

Doing Business in Saudi Arabia

6

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

investment factors Governmental policy and incentives

Sources of finance

Saudi Arabia possesses about 25 percent of the world’s proven oil reserves. It is one of the world’s 25 largest economies, and No.1 in the MENA region. It is also the top foreign investment destination in the Arab world and among the top 20 globally. The government is encouraging foreign investments and promoting Saudi products to be exported.

Foreign investors have access to regional and local financial institutions. Loans are extended on commercial terms, and Islamic forms of funding are also accessible.

Regulatory incentives The government is committed to reducing bureaucracy at all levels and transforming government departments in an effort to support foreign investment. For Example, The Saudi Arabian General Investment Authority (SAGIA), through its Comprehensive Service Centers have representation from all relevant government departments, in order to assist foreign investors in the application and approval process for operating in Saudi Arabia. Custom Duties Most basic consumer products are duty-free, e.g. sugar, rice, tea, unroasted coffee, cardamom, barley, corn, livestock and meat (fresh or frozen). Customs duties of 20% are imposed on some imported commodities for the protection of infant industries within the Kingdom. Import duty on other items is 5% ad valorem on the cost, insurance and freight (CIF) value. A limited number of items are subject to customs duties calculated on the basis of metric weight or capacity rather than ad valorem; the rates for these items are fairly low. Foreign exchange control There is no foreign exchange control in Saudi Arabia

7

Doing Business in Saudi Arabia

Import and export of goods For 2010, Saudi imports amounted to $107 billion, whereas exports for the same year amounted to $251 billon. The monetary values of Saudi exports are largely affected by the fluctuation in oil prices and world demand. The main trade partners are USA, Japan, South Korea, Germany, India, China, Singapore, Taiwan, United Arab Emirates, Italy, United Kingdom, France and Holland. Immigration law for foreign employee and investors Investors may apply for and obtain commercial visa to visit any SAGIA business center in Saudi Arabia. Visit visas issued to investors are upgradeable to residence permits after the investment license is granted and the employer identification number is received. Foreign employees require work visa in order to work in Saudi Arabia. Issuance of employments visa is largely conditional upon business needs and compliance with nationalization requirements. Labor issues Although one third of its population consists of expatriates and their families, Saudi Arabia requires businesses to maintain a minimum percentage of Saudi nationals. Citizens from Gulf Cooperative Council are treated similar to Saudis as regards employment. Securing viable private sector employment for Saudi nationals has been an issue for many years. In recent years,

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

this has become a priority for the government. The Ministry of Labor has therefore implemented some nationalization policies that require private companies in Saudi Arabia to have a certain percentage of Saudi national employees. To achieve this goal, certain jobs are reserved exclusively for Saudi nationals. At present, the principal penalty for not achieving "adequate" nationalization of the work force is for the Ministry of Labor to refuse to grant work visas for new foreign nationals for employment in Saudi Arabia by the non-complying company. Employment regulations The Labor and Workmen Law regulate all matters relating to Labor in Saudi Arabia. The Labor Law does not allow the formation of labor and trade unions in the Kingdom. Disputes between employers and employees are referred to the "Commission for Settlement of Disputes� which has the exclusive jurisdiction to render decision on such matters. The law provides for inspection of business premises by inspectors from the Ministry of Labor to ensure compliance with its provisions. The law stipulates the maximum working hours to be 8 per day or 48 hours per week in all months of the year with the exception of Ramadan (the Muslim holy month of fasting) when the maximum number of working hours is restricted to 6 per day or 36 hours per week. In the case of businesses such as hotels, restaurants, seasonal enterprises and where approval has been granted by the Minister of Labor, the maximum number of daily working hours may be increased to nine. Similarly the number of daily working hours may be reduced for people employed in industries or operations classified as hazardous or harmful by the Minister of Labor.

duration may be cancelled for a valid reason by either party to the contract provided a 30 days prior notice is given if the employee is paid on monthly basis. For other employees a 15 days prior notice is necessary. On the expiry of specified-term contracts or the termination of unlimited duration contracts by employers, employees are entitled to a service award of half a month's salary for each of the first five years of service and one month's salary for each year thereafter. The current rate of pay is taken as the basis for computation of the service award. If an employee with an unlimited duration contract resigns, he is entitled to one-third of the specified-term award if his period of service is between two and five years; it is two-thirds of the specified-term award if his service period is more than five and less than ten years; and the full specified-term award if his service period is more than ten years. The rates of pay in the Kingdom vary considerably from industry to industry and between nationalities. The Labor Law provides for the minimum overtime rate as 150% of the normal rate. Bonuses are payable at the discretion of the employer. It is, however customary for banks and petrochemical companies to pay their staff annual bonuses. Social insurance in the Kingdom is administered by the General Organization for Social Insurance. Employers are required to make contribution at the rate of 9% of salary (including benefits in kind) for Saudi employees who are required to contribute same percentage of their salary in respect towards pension. In addition, employers are required to contribute 2% of the basic salary of both Saudi and non-Saudi employees to cover the job hazards risks (provisional branch). Visas

A labor contract entered into for a specified term terminates upon the expiry of its term. If both parties mutually agree to apply the contract thereafter then it is deemed to have been renewed for an unlimited duration. Contracts of unlimited

A visa is required to travel to Saudi Arabia. The passport should be valid for at least 6 months or the entire period of your stay, whichever is longer. Saudi Arabia doesn’t recognize dual citizenship, so you should Doing Business in Saudi Arabia

8

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

avoid carrying two passports with you at any time, as one of them will be confiscated if discovered. The applications should be addressed to the nearest Saudi Embassy or Consulate in your legal country of residence. Certain requirement needs to be fulfilled in order to be granted a visa, which vary according to the purpose of your visit and nationality. The Saudi Embassy or Consulate will be able to provide you with detailed information. Visas are granted to business, academic or diplomatic visitors and their family members. For religious purposes visas are issued to Muslims with some restrictions. The Kingdom of Saudi Arabia does not issue tourist visas except for some specified reasons or chartered trips. Health Insurance Health insurance is a mandatory for employees and there are many international and local insurance companies to provide coverage plans. Cultural and Lifestyle In Saudi Arabia, interaction between men and women are severely limited, even in business settings. It is recommended not to offer a hand shack for a lady unless you know she is OK with it. Most ladies would accept a friendly smile instead. In Saudi Arabia alcohols are strictly prohibited, also there are no cinemas or theaters; this is the main reason shopping centers stay open till late.

9

Doing Business in Saudi Arabia

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

5/9/12

types of business organisations Most of the business activities are permitted to foreign investors in Saudi Arabia except for certain activities that are limited to Saudis and GCC citizens. Most types of legal business entities permitted under the Company Law are available for foreign investment. However, the most popular types are as follows: Limited liability Company Limited Liability Companies are the most common foreign entities operating in Saudi Arabia. It may be wholly owned by foreigners, may have one or more managers, with no requirement for any manager to be a Saudi national and may choose the start date of the fiscal year. Joint Stock Company Joint Stock Companies may be wholly owned by foreigners; shares are freely transferable, with the exception of founders’ shares and may have nominative or bearer shares and preferred shares. The proposed Articles of Association of Joint Stock Companies should follow a model issued by the Ministry of Commerce and Industry. Joint Stock Companies must also have a board of directors that is composed of at least 3 persons. An ordinary shareholders meeting must be held at least once a year, but no later than 6 months after the end of the company’s fiscal year. Extraordinary shareholders meetings can also be convened in order to amend the company’s Articles of Association.

scientific office to support its products and services. Other forms of business Other forms of business such as partnerships are also available to foreign investors. Doing business through agents and distributors is available to foreign investors. It may not require legal registration; however, in some instances it may create a permanent establishment to the non-resident. General requirements for foreign investments in Saudi Arabia - Obtaining the Foreign Investment License (“SAGIA”). - Obtaining approval of the Companies Department at the Ministry of Commerce and Industry (“MOCI”).. - Registration with the Companies Department of the MOCI. - Registering the Company with the Commercial Registry at the MOCI and obtaining its Commercial Registration Certificate (“CR”). - Registration with the Chamber of Commerce. - Registration with the Department of Zakat and Income Tax Department (“DZIT”). - Registration with the General Organization of Social Insurance (“GOSI”). - Registration with the Municipality. - Registration with Labor Office.

Branch Office Companies registered outside Saudi Arabia may establish a temporary branch to execute a single contract with the Government, or a permanent branch to carry out business in Saudi Arabia with the government or private sector, or a non-revenue generating technical

Doing Business in Saudi Arabia

10

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

Auditing In accordance with the Saudi ‘Regulations for Companies’, limited liability and joint stock companies are required to have their annual financial statements audited by independent auditors. Joint stock companies are also required, by the Capital Market Authority, in addition to the annual audit, to have their quarterly financial statements reviewed. Banks, which are all Saudi joint stock companies, are required by the ‘Banking Control Law’ to appoint two independent joint auditors. Accounting and auditing in the Kingdom are governed by the accounting standards and standards on auditing issued by the Saudi Organization for Certified Public Accountants (SOCPA). 21 accounting standards have been issued by SOCPA in total. In comparison to International Financial Reporting Standards (IFRS): - 15 currently effective IFRSs have direct corresponding SOCPA accounting standards. - 14 currently effective IFRSs are partially covered by SOCPA accounting standards. - 9 currently effective IFRSs have no corresponding SOCPA accounting standards, including IAS 19, IAS 26, IAS 29, IAS 31, IAS 32, IAS 40, IFRS 1, IFRS 4, and IFRS 6. - 3 SOCPA accounting standards have no corresponding IFRSs. SOCPA undertook a project on IFRS vs. SOCPA gap analysis, and review of existing accounting standards issued by SOCPA and bringing them in line with IFRS. The Accounting Standards Committee of SOCPA formed a committee to look into a strategic decision whether to continue developing Saudi Accounting Standards or to migrate to IFRS, and have recently resolved to gradually transform into IFRS in a manner that takes into consideration local factors, and ensures the improvement of the quality of financial reporting.

11

Doing Business in Saudi Arabia

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

Taxation Saudi Arabia's tax regime is comprised of (i) Islamic zakat, which is applicable to resident Saudis entities and resident GCC entities and citizens and (ii) income tax and/or withholding tax, which are generally applicable to income derived by non-residents from a Saudi Arabian source. The current income tax regulation was issued in 2004 by Royal Decree (M/1). As delegated under the tax regulation, the by-laws to the tax regulation were issued by the Minister of Finance Resolution No (1535). A number of revisions to the bylaws were subsequently issued by the Minister of Finance. The zakat, income tax and withholding tax systems are administered by the Department of Zakat and Income Tax (DZIT), which has its head office located in Riyadh, with several branches around Saudi Arabia. As under the previous tax regulation, the DZIT keeps playing a major role interpreting and shaping the provision and application of the tax regulation through published clarifications, circulars, rulings issued on specific questions raised by the taxpayers, etc. The DZIT has the right to verify the tax returns, and inspect the taxpayer’s books and records by visiting taxpayer’s premises during office hours in a process known as the “field inspection”. The DZIT may issue a notice given the reason, raise or amend a tax assessment within five years of the end of the statutory deadline for filing the tax declaration for the taxable year, or at any time with the written agreement of the taxpayer. The DZIT may also raise or amend an assessment within ten years of the end of the statutory deadline for submission of the tax declaration for the taxable year if the taxpayer did not file his tax declaration or if the tax declaration is found to be incomplete or incorrect with the intent of tax evasion

The tax assessments are contestable within 60 days with the Preliminary Zakat and Tax Appeal Committee (PZTAC) from the date of receiving the tax assessment. The PZTAC is an administrative committee under the Ministry of Finance whose members are appointed by the Minister of Finance for a four-year term. The PZTAC’s decisions on appeals are appealable to the Appellate Committee for Zakat and Tax Appeals (ACZTA) within 60 days of its date of issuance. Similarly, ACZTA is an administrative committee within the Ministry of Finance. ACZTA’s decisions are appealable to the Board of Grievances, which is a court of law. Appeal filing requirements varies and should be fulfilled in order for the appeal to be accepted in form. Generally, compliance with Arabic books requirements and tax law provisions assist taxpayers avoid penalties, which could be as harsh as a black ink arbitrary tax assessment on gross revenues, together consequential fines, and extended years of tax appeals. Reporting period The tax year is effectively a calendar year. Different tax years may be adopted under certain conditions. Related companies, as defined under the tax regulation, must adopt the same tax year. Tax rates A flat tax rate of 20% is applicable to taxable income, plus 5% withholding tax will attract on dividend payments made to non-resident partners/head office. Taxpayers engaged in natural gas investments are subject to tax at 30% plus the 5% withholding tax on dividends, whereas taxpayers engaged in the production of oil and hydrocarbons are subject to tax at 85%.

Doing Business in Saudi Arabia

12

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

Persons subject to tax The following persons are subject to the Saudi tax and/or withholding tax: - a resident capital company on nonSaudi shares. - a resident non-Saudi natural person who does business in the Kingdom. - a nonresident who does business in Saudi Arabia through a permanent establishment. - a nonresident on other income subject to tax from sources within Saudi Arabia. - a person engaged in the field of natural gas investment. - a person engaged in the production of oil and hydrocarbon materials. Concept of residency A natural person is resident in the Kingdom for a taxable year if he meets any of the following two conditions: - he has a permanent place of abode in the Kingdom and is physically residing in the Kingdom for a period in aggregate not less than 30 days during the taxable year. - he is physically residing in the Kingdom for a period not less than 183 days in the taxable year. A company is considered a resident company if it meets any of the following two conditions: - it is formed under the Saudi Companies Law. - its place of central control and management is situated within the Kingdom. Permanent establishment A permanent establishment of a nonresident in Saudi Arabia generally consists of the permanent place of activity of the nonresident through which it carries out business, in full or in part, including business carried out through an agent. As specifically determined by the tax law, the following are considered a permanent establishment:

13

Doing Business in Saudi Arabia

- construction sites, assembly facilities, and carrying out their related supervisory activities. - installations and sites used for surveying for natural resources, drilling equipment, and ships used for surveying for natural resources, as well as carrying out their related supervisory activities . - a fixed base where a nonresident natural person carries out business. - a branch of a nonresident company which is licensed to carry on business in Saudi Arabia. A permanent establishment could also be created by a non-independent agent with certain powers or under the provisions of certain tax treaties to which Saudi Arabia is party. Sources of income Income is categorized as being from a Saudi Arabian source if it is derived from: - an activity which occurs in the Kingdom. - immovable property located in Saudi Arabia, including gains from the disposal of an interest in such immovable property and from the disposal of shares or partnership interests in a company the property of which consists -directly or indirectlyprincipally of interests in such property. - the disposal of shares or a partnership interest in a resident company. - the rental of movable property used in the Kingdom. - the sale or license to use industrial or intellectual property in the Kingdom. - shares’, management fee, or director's fee paid by a resident company or a permanent establishment. - payments for services made by a resident company or permanent establishment to its head office or to an affiliated company. - payments made by a resident or permanent establishment for services performed in whole or in part in the Kingdom. - payment for exploitation of a natural resource in Saudi Arabia.

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

- attributable to a permanent establishment of a nonresident located in the Kingdom, including income attributable to sales in the Kingdom of goods of the same or similar kind as those sold through such a permanent establishment, and income arising from the rendering of services or the performance of other activity in the Kingdom of the same or similar nature as activity performed via such a permanent establishment. Individual taxation There is no individual income tax in Saudi Arabia on employment income.

Withholding tax rates Nature of payment Management fees Royalties/license fees Payments to head office or a related party for services Technical and consulting services paid to unrelated parties Rents, air tickets, air cargo, air freight / marine freight, international telecommunications Loan fees (mostly any payment associated with use of fund) Dividend payments Insurance and re-insurance premiums Other payments

Rate 20% 15% 15% 5% 5% 5% 5% 5% 15%

Withholding tax The non-resident company which does not have a permanent establishment (PE) in Saudi Arabia is subject to withholding tax on taxable income derived from a Saudi Arabian source. Tax is required to be withheld on actual payments made to non-residents parties and then required to settle with the DZIT within 10 days from the end of the following month in which the payments were made. The DZIT has clarified that the payment made to the company’s parent company or to a non-resident related party or non-resident shareholder against provision of services will be subject to withholding tax in Saudi Arabia, irrespective of the place of performance of such services, the payments in respect of related parties will attract 15% withholding tax. The tax law states that companies will be considered related if they are controlled 50% or more by the same interest. In respect of capital companies, control is defined as ownership of the voting power, or value of the company, held directly or indirectly. It is not clear if the DZIT will apply the control definition strictly in accordance with the above criteria, or whether other considerations (such as effective control over management of a Saudi entity) also will be a factor in determining the related party relationships.

Where the paying entity fails to deduct or having deducted but fails to deposit with the DZIT any tax as required under the new tax law, a delay fine of one percent of the unpaid tax is computed for each 30 days of delay in settlement of tax due. The delay period is calculated from the tax payment due date to the actual tax payment date. Tax Agreements The Saudi Arabia has signed double tax treaty with Austria, Bangladesh, Belarus, China, Cuba, France, Germany, Greece, India, Italy, Japan, Malaysia, Pakistan, Poland, Russia, Singapore, South Africa, South Korea, Spain, Switzerland, Syria, The Netherlands, Tunisia, Turkey United Kingdom and Uzbekistan. There are some tax treaties with other countries in the pipeline.

Doing Business in Saudi Arabia

14

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

HLB in Saudi Arabia how to contact us PO Box 18025 Riyadh 11415 Saudi Arabia Telephone: Fax: Email: Mobile: Web:

+966 1 2002111 +966 1205 1215 otain@omcpa.com.sa +966 50683 6268 www.omcpa.com.sa

5/9/12

10:39


DBI Saudi Arabia_ Booklet A5 2012_39023:DBI Saudi Arabia_ Booklet A5 2012_39023

HLB Otain | Mudaiheem auditors . business & tax advisors

PO Box 18025 . Riyadh 11415 . Saudi Arabia Telephone +966 1 2002111 . Fax: +966 1205 1215 . Email: otain@omcpa.com.sa . Web: www.omcpa.com.sa

HLB Otain Mudaiheem CPAs is a member of

HLB International. A world-wide network of independent accounting firms and business advisers.

5/9/12

10:39


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.