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Weekly Spotlight

Weekly Spotlight: Saudi Arabia Has Issued New Zakat Regulations

  • 24/03/201911/12/2019
  • by Benjamin Filaferro

Saudi Arabia’s General Authority for Zakat and Tax has issued the updated Zakat Regulations in Arabic.

The Regulations are subject to certain exceptions, effective for financial years beginning on or after 1 January 2019 and supersede the provisions of all the previous Regulations and any conflicting circulars, instructions and Decisions.

The key changes include, amongst other things, new rules on how finance activities will be treated for Zakat purposes and a change to the Zakat rate applicable to the Zakat base. A permanent establishment of a non-resident Saudi or GCC national will be treated as a Zakat payer subject to a certain condition being met.

News developments

Saudi Arabia: Transfer Pricing Guidelines Published

  • 24/03/201911/12/2019
  • by Benjamin Filaferro

Saudi Arabia’s General Authority for Zakat and Tax has issued guidelines on transfer pricing in Arabic and English. They cover the basic concept of transfer pricing and arm’s length principle. The Authority provides specific guidance on financial transactions, intangibles and business restructuring. The guidelines also provide guidance on selection of transfer pricing method, transfer pricing documentation, valuation, transfer pricing adjustments and details on audits.

News developments

KSA: Update on Online Registration Process for Employment Contracts

  • 09/03/201911/12/2019
  • by Benjamin Filaferro

Saudi Arabia’s Labour and Social Development Ministry (MLSD) has issued a draft Decision on the mandatory requirement for private sector employers to upload their entire workforce’s employment contracts to the General Organisation for Social Insurance’s (GOSI) electronic portal. The draft law has been sent for public consultation and is expected to come into effect in the next couple of weeks. Depending on the total number of workers, companies will have to upload contracts for a specific portion of their headcount within deadlines set out in the Ministerial Decision. The uploading process must be completed for the whole workforce by the end of 2019.

News developments

Saudi Arabia: New Anti-Corruption Office Launched

  • 09/02/201911/12/2019
  • by Benjamin Filaferro

Saudi Arabia has launched a new anti-corruption office to monitor state spending as part of its ongoing anti-corruption fight. The Financial Reporting Office will be part of the state General Auditing Bureau. It follows the end of an anti-corruption drive which raised more than $100 billion and saw tens of people arrested.

News developments

Saudi Arabia: New Anti-terrorist Law Now Effective

  • 02/02/201911/12/2019
  • by Benjamin Filaferro

According to local newspaper reports, Saudi Arabia has promulgated a new law to tackle terrorism and terrorist funding. The new law which is now in effect aims to protect the Kingdom from terrorist attacks and maintain national security. It also clamps down on the use of charities and non-profit institutions as facades to cover the funding of terrorist activities. Under the Law, prosecutors will be able to request records or documents from suspicious institutions and compel charities to implement provisions of the law.

News developments

Saudi Arabia: National Labour Committee Approved

  • 26/01/201911/12/2019
  • by Benjamin Filaferro

Saudi Arabia’s Labour and Social Development Minister has issued a Decision approving the establishment of a coordination committee for labour committee. It will be called the national committee for labour committees in Saudi Arabia. The chairmen of labour committees will be members of this committee which will be responsible for representing the Kingdom internationally as well as conducting the necessary studies to activate its role, introduce itself to the private sector and draft the regulatory charter for its elections and meetings systems.

News developments

Saudi Arabia: Labour Courts Issue Rulings in Absentia

  • 21/01/201911/12/2019
  • by Benjamin Filaferro

Judicial sources in Saudi Arabia have confirmed the labour courts which were established a couple of months ago have issued a number of rulings in absentia against companies who don’t turn up to court hearings. The sources said these companies failed to turn up to hearings even though they have been property notified electronically. Most of the rulings issued in absentia cannot be appealed because they are related to small cases worth less than 20,000 Riyals. The source added these cases would previously have been postponed if the company didn’t attend the hearing. Cases which are subject to this procedure include requests for certificates of services, requests for documents and records related to labourers and held by an employer. They also include objections against decisions issued by residential service committees and complaints against employers and employees against decisions issued by social security institutions.

News developments

Saudi Arabia: Supervisory Health Council to be Established

  • 12/01/201911/12/2019
  • by Benjamin Filaferro

Saudi Arabia’s Shoura Council has approved an amendment to Article 16(A) of the Health Law following recommendations from the health committee. Under the amendment, a health council will be established and linked to the president of the council of ministers. The Council’s chairman will be of Minister grade and appointed by a Royal Decree. Members of the council will include a representative of the Health Ministry and representatives from health services from other relevant ministries. The aim is to boost the council’s independence and enable it to exercise its supervisory and regulatory roles.

News developments

Saudi Arabia: Online Registration Process for Employment Contracts Forthcoming

  • 01/12/201811/12/2019
  • by Benjamin Filaferro

The General Organisation for Social Insurance and the Labour and Social Development Ministry has launched a new initiative which allows employers in the private sector to upload and update electronic version of employment contracts for their Saudi and foreign employees. It is expected the registration process will become mandatory for all employers in Saudi Arabia in the near future. The new initiative is aimed at ensuring employment contracts conform with private sector regulations, ensuring the accuracy of data recorded in agreements and reducing labour disputes between parties. It also allows employees to review their contract online. Unlike some other jurisdictions in the region, employers in Saudi Arabia are not required to use any specific employment contract template as long as the agreement does not contravene the country’s labour regulations. However, in practice, there is no proper mechanism in place for verification of contracts. The fact the initiative is launched by the GOSI may also suggest the authorities are preparing to scrutinise the area of social contributions paid by employers and which are calculated proportionally to the employee’s remuneration.

News developments

Saudi Arabia: Tax Authority Publishes English Version of General VAT Guidelines

  • 24/11/201811/12/2019
  • by Benjamin Filaferro

Saudi Arabia’s General Authority for Zakat and Tax has published the English version of its general VAT guide, which was originally published in Arabic in October. The guide provides information to taxpayers on a wide variety of VAT obligations in the Kingdom. It covers topics such as VAT registration, charging VAT and issuing VAT invoices, deducting VAT on purchases, filing returns and interacting with the Authority on VAT matters and disputes. It also includes useful reference material, such as a tax invoice example, definitions of technical VAT terms, an illustrative VAT return form and a high-level decision tree for when VAT is expected to be applied. The guide is aimed at a broad audience and offers a good starting point for all taxpayers with respect to understanding VAT compliance obligations.

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