Saudi Arabia: Terms and Conditions for Raft of Tax Incentives Issued

Saudi Gazette, 17 February 2024: The terms and conditions for benefiting from a raft of tax incentives announced in December 2023 have been issued.

The terms and conditions have been published in the Official Gazette and specify how multinational companies will be able to qualify for 30-year income tax exemptions after they have moved their regional headquarters to Saudi Arabia.

Companies will not be able to benefit from the exemption if the amount paid by the regional headquarters relates to non-approved activities or a company has committed tax avoidance. To be able to benefit, the company’ regional headquarters must have a valid licence issued by the Investment Ministry and it must not engage in activities other than those which are within the scope of the licence.

The regional headquarters must have appropriate assets too. This should include a suitable building to carry out its activities in Saudi Arabia and ensuring the activities of the regional headquarters are managed. This will include holding board of director meetings.

The regional headquarters must also meet operational expenses in Saudi Arabia needed to carry out its activities and the regional headquarters must generate revenues from approved activities in the Kingdom. It must also have at least one director residing in Saudi Arabia.

The regional headquarters must have a sufficient number of full-time employees during the tax year, commensurate with the activities of the regional headquarters too and the employees must have the knowledge and experience required to enable them to perform their tasks and responsibilities. The regional headquarters must register with the Zakat, Tax and Customs Authority in line with the procedures specified in the relevant tax and zakat regulations.

It must submit tax and zakat returns in line with the relevant tax and zakat regulations and submit an annual report using the form prepared by the Authority in line with the specified procedures. This will enable verification that the actual economic requirements have been met.

In terms of books and records, the regional headquarters must prepare and maintain accounts for each tax year throughout the duration of its licence. This includes the partial tax year that begins from the date of obtaining a regional headquarters licence and ends on the last day of the tax year for that entity.

If the regional headquarters engages in non-qualifying activities at any time during the tax year, it must maintain separate accounts for the non-qualifying activities and income must be allocated to the qualifying activities as if they were independent of the other activities of the regional headquarters.
The Zakat, Tax and Customs Authority has the right to carry out all of its regulatory and executive tasks assigned to it by law, including obtaining information and conducting evaluations, examinations and audits of the regional headquarters in Saudi Arabia in line with the provisions and procedures contained in the relevant tax and zakat regulations.

The Authority also monitors and verifies that the regional headquarters are meeting the actual annual economic growth requirements. The regional headquarters can submit a request to obtain an interpretive decision from the Authority to provide an explanation or clarification regarding tax issues related to these tax rules and regulations. If the regional headquarters does not comply with the tax and zakat regulations, the relevant penalties will be imposed on it.

The regional headquarters can also object to the assessment, re-assessment and penalties imposed by the Authority. It can appeal and submit complaints in line with the relevant tax and zakat regulations.
Where the regional headquarters does not meet any of the actual economic requirements during the validity of the licence period, the Authority will notify the regional headquarters of the violation and give it 90 days to correct it. This period starts from the date of notification and will be without prejudice to the penalties contained in the tax regulations.

If the regional headquarters fails to comply, a fine of 100,000 Riyals will be imposed and the violation will have to be remedied within 90 days of the fine being imposed.

If the violation is not remedied within 90 days of the fine being imposed or the violation is repeated within three years from the fine being imposed, a fine of 400,000 Riyals will be imposed.

If the violation still continues, the Zakat, Tax and Customs Authority and Investment Ministry can suspend the tax incentives.

The Authority can cancel the tax incentives, together with the Investment Ministry if the regional headquarters deliberately submits false or misleading information or declarations to the Authority.
They can also do so where the regional headquarters intentionally applied the rules incorrectly, or misused tax incentives to benefit from or help others benefit from tax incentives on activities that are not qualified or licensed by the Investment Ministry.

In addition, they can do so where the regional headquarters makes payments to non-resident persons on behalf of persons who are not eligible for tax incentives.

Where the tax incentives are cancelled, the Authority will issue the tax assessment and apply the relevant fines in line with the tax regulations in relation to the tax years the offences occurred. All tax avoidance and evasion provisions in the relevant tax regulations will also apply to the regional headquarters.

Regional headquarters will be considered residents of the Kingdom to the extent that they meet the residency requirements of the Income Tax Law for the purposes of all international treaties, agreements or other agreements Saudi Arabia is a party to.

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Saudi Arabia: Protection of Whistleblowers and Witnesses Law Approved

Saudi Gazette, 13 February 2024: Saudi Arabia’s Cabinet has approved the Law for the Protection of Whistleblowers, Witnesses, Experts and Victims.

The law is aimed at giving individuals who may come under threat for giving evidence in court cases protection.

It gives powers to judicial authorities to provide the necessary protection to witnesses, victims, whistleblowers, experts and members of their families from any threats. This includes assault, revenge and intimidation.

It will encourage and facilitate information sharing and provide protection to informants, witnesses, experts and victims from any attacks or threats, material or moral harm, or anything that may adversely affect the delivery of this information.

A draft version of the law to ensure whistleblowers, witnesses, experts and victims, who are at risk for providing information on crimes was approved a few years ago.

They also approved the Saudi Tourism Authority Regulation.

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Saudi Arabia: Data and Artificial Intelligence Authority Signs Cooperation Agreement with Red Sea Authority

Arab News, 12 February 2024: Saudi Arabia’s Data and Artificial Intelligence Authority has signed a cooperation agreement with the Red Sea Authority to promote integration across government bodies and provide a safe digital environment.

Under the agreement, the Data and Artificial Intelligence Authority will provide government cloud services to the Red Sea Authority to support infrastructure, facilitate digital transformation and ensure compliance with cybersecurity standards to maintain a secure digital environment.

The two bodies will also share knowledge and technical consultancy in smart city technologies.

The agreement was signed for the Data and Artificial Intelligence Authority by the Assistant Director of its National Information Centre for Cloud Computing, Nawaf Al-Sahan and for the Red Sea Authority by its Vice President for Digital Transformation, Khalid Al-Thonyan.

It was signed during the Global Smart City Forum in Riyadh.

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Saudi Arabia: New Privatisation Project Rules Announced

Arabian Business, 4 February 2024: Saudi Arabia’s National Centre for Privatisation & PPP has published new guidelines for privatisation projects in the Kingdom.

The new guidelines are contained in the Implementing Regulations to the country’s Privatisation Law (Saudi Arabia Administrative Decision No. 1/4/2023/1445).

The Privatisation Law is contained in Saudi Arabia Cabinet Decision No. 114/1443.

They have done so following the approval of amendments late last year.

The new rules have been issued to provide businesses with more clarity.

Among the amendments, new minimum value thresholds are specified for different project types.

The minimum for public-private partnership schemes is 200 million Riyals.

The minimum for deals involving the transfer of asset ownership is 50 million Riyals.

This minimum has been based on the estimated value determined by the executive entity for the target assets.

Projects below these thresholds can still go ahead if they are approved by relevant authorities.

If the minimum threshold is not met but the relevant authority infrastructure or public service project has to go ahead, the regulations and rules related to that project will apply.

In addition, the amendments provide clearer criteria for determining if a company has been set up specifically for privatisation.

Among other considerations, a company will be deemed to have been set up for privatisation if the establishment or ownership of the company by the government is for the purpose of offering a project related to infrastructure or public services through privatisation.

The amendments have taken international practices and local experiences into account. They will replace the previous guidelines and specify the principles that must be taken into account in implementing projects. These are fairness, transparency, contract enforcement, planning and feasibility.

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Saudi Arabia: New Whistleblowing Strategy Announced by General Authority of Endowments

Arab News, 5 February 2024: Saudi Arabia’s General Authority of Endowments has announced a new whistleblowing strategy.

Under the strategy, whistleblowers who report unauthorised endowments with a value of more than nine million Riyals will be rewarded with a cut of any funds seized.

The Authority also approved new legislation to protect whistleblower rights.

They have done so to encourage the public to report unauthorised endowments.

Rewards for tipoffs that lead to a seizure will be capped at 5% of the total confiscated funds or one million Riyals.

Reports must meet specific criteria, including being submitted online. The endowment must also have no supervisor and appropriate documentation must be provided.

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Saudi Arabia: Investment Ministry Launches Inventory of Foreign Direct Investments of Private Sector

Saudi Gazette, 29 January 2024: Saudi Arabia’s Investment Ministry has announced it has launched an inventory of foreign direct investments of the private sector.

It has been launched as part of efforts to provide services and incentives to support Saudi investors and companies in their efforts to expand globally especially in concluding bilateral investment agreements.

The Investment Minister said the Ministry was doing so in line with its regulatory remit and roles and responsibilities.

The Ministry has also prepared a questionnaire to record private sector companies’ foreign direct investments. Its questions include the name of the company, the year investment started, the name of the country in which the investment is made, the city in which the investment is made, the name of the sector, the value of the investment in US Dollars, the percentage of partnership or ownership and notes about foreign investment.

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Saudi Arabia: Bonded Zone Rules Issued

Arabian Business, 27 January 2024: Saudi Arabia’s Zakat, Tax and Customs Authority has announced it has issued Bonded Zone Rules.

The rules aim to outline the statutory provisions for licensing of bonded zones and for practicing activities in these zones.

The rules specify the obligations of operators and Authority control and supervisory functions relating to the bonded zones.

In addition, they clarify the procedures for licensing activities in bonded zones and the conditions for applying for licences.

They clarify the requirements, specifications and obligations and the provisions related to the obligations of operators and the Authority’s powers in this area too.

Bonded zones are a special customs area. Importers, exporters and logistics companies in these areas can store goods and carry out logistic activities and operations with customs duties and taxes suspended until they are entered into the local market, sold or re-exported.

This gives these companies increased liquidity and management flexibility.

It also enables an environment that supports movement of goods to be created.

In addition, it provides increased flexibility of clearance, storage and re-exporting to different destinations.

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Saudi Arabia: First Administrative Enforcement Court to be Established

Saudi Gazette, 21 January 2024: The first administrative enforcement court is going to be established in Riyadh.

It will have jurisdiction to enforce court decisions issued.

This will apply even where the decision is issued against ministries and government agencies.

The enforcement of administrative rulings will be carried out by submitting a request for enforcement in a statement of claim deposited in the court.

This will be referred to the relevant department to execute.

The department will then notify the party against whom enforcement is requested with a period of five days for urgent judgments and 30 days for other judgments.

Under the Implementing Regulations to the Enforcement Law before the Courts under the Board of Grievances, convicted individuals, including state agencies and companies partially owned by the state should take the initiative to implement the final rulings subject to expedited enforcement.

In terms of enforcement against administrative agencies, such as ministries and government agencies, the Administrative Enforcement Courts will issue a warning to the administrative authority for enforcement within a specific period.

The department may inform the Oversight and Anti-Corruption Authority or Nazaha of details including in its disciplinary jurisdiction.

The Administrative Enforcement Court may order the imposition of a fine amounting to 10,000 Riyals on the individual against whom the enforcement rule is carried out.

An employee in the public sector will be jailed for up to seven years and fined up to 700,000 Riyals if they exploit their position to prevent enforcement of the ruling.

The employee will also be jailed for five years and fined up to 500,000 Riyals if they deliberately refrain from executing the required document, partially or completely, with the intention of obstruction, eight days after they were notified of the warning or the receipt of the enforcement procedures.

The implementation must be within their jurisdiction.

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