Royal Decree No. (M/84) dated 19/03/1446 AH
By the grace of God Almighty
We Salman bin Abdulaziz Al Saud
King of the Kingdom of Saudi Arabia
Based onArticle (Seventy) of the Basic Law of Governance, issued by Royal Order No. (A/90) dated 27/8/1412 AH.
And based onArticle (Twenty) of the Council of Ministers Law, issued by Royal Order No. (A/13) dated 3/3/1414 AH.
And based onArticle (Eighteen) of the Shura Council Law, issued by Royal Order No. (A/91) dated 27/8/1412 AH.
After reviewing Shura Council Decision No. (460/43) dated 3/1/1446 AH.
After reviewing Council of Ministers Decision No. (239) dated 14/3/1446 AH.
We decree the following:
First: Approval of the Real Estate Transactions Tax Law, in the attached form.
Second: The competent judicial authority referred to in Article (Seventeen) of the law -mentioned in item (First) of this decree- shall be the primary and appellate committees stipulated in the Income Tax Law, issued by Royal Decree No. (M/1) dated 15/1/1425 AH.
Third: The Zakat, Tax, and Customs Authority shall apply the provisions stipulated in Articles: (Seventy-Three, Seventy-Four, and Seventy-Five) of the Income Tax Law -issued by Royal Decree No. (M/1) dated 15/1/1425 AH- to the tax dues of the Authority in accordance with the provisions of the law referred to in item (First) of this decree.
Fourth:
1- Stakeholders who have conducted any undocumented real estate transaction before the effective date of the Real Estate Transactions Tax on 14/2/1442 AH shall be granted a grace period of (one) Hijri year from the date of the law’s enforcement -mentioned in item (First) of this decree- to rectify their status and notarize the real estate transactions they conducted in accordance with the relevant legal provisions, provided that the date of the real estate transaction is proven before the competent authority. The Minister of Justice and the Chairman of the Board of Directors of the Zakat, Tax, and Customs Authority shall agree on the regulations for implementing this paragraph and shall submit what requires action in this regard.
The grace period referred to in this paragraph may be extended by a decision of the Council of Ministers based on a proposal from the Chairman of the Board of Directors of the Zakat, Tax, and Customs Authority.
2- Any partner in a company who has conducted a real estate transaction -represented by transferring the property in the name of the company without notarization- shall be granted a grace period of (one) Hijri year from the date of enforcement of the law referred to in item (First) of this decree, to notarize the transaction and provide the Zakat, Tax, and Customs Authority with proof thereof. This period may be extended by a decision of the Council of Ministers based on a proposal from the Chairman of the Board of Directors of the Zakat, Tax, and Customs Authority. The real estate transaction in this case shall be exempt from the Real Estate Transactions Tax, provided that the property subject to the transaction is recorded in the company’s assets before the Real Estate Transactions Tax came into effect, and the transactor submits audited financial statements or a certified certificate -from a licensed legal accountant- proving the inclusion of the property within the company’s assets before the Real Estate Transactions Tax came into effect and until the date of the transaction.
Fifth: Without prejudice to the provisions of the law -referred to in item (First) of this decree- the following shall be exempt from the Real Estate Transactions Tax:
1- Real estate transactions executed pursuant to lease-to-own contracts and financial lease contracts concluded before the effective date of the Real Estate Transactions Tax on 14/2/1442 AH.
2- Real estate transactions subject to Value Added Tax before notarization, in case notarization occurs after the provisions of the Real Estate Transactions Tax Law come into effect.
Sixth: Confirmation that real estate supplies subject to the Real Estate Transactions Tax are exempt from Value Added Tax.
Seventh: His Highness the Prime Minister, the Ministers, and the heads of the relevant independent agencies -each within their jurisdiction- shall implement this decree.
Salman bin Abdulaziz Al Saud
Council of Ministers Decision No. (239) dated 14/03/1446 AH
The Council of Ministers
After reviewing the correspondence received from the Royal Court No. 1758 dated 8/1/1446 AH, regarding the draft Real Estate Transactions Tax Law.
After reviewing the aforementioned draft law.
After reviewing Royal Order No. (A/84) dated 14/2/1442 AH.
After reviewingthe Income Tax Law, issued by Royal Decree No. (M/1) dated 15/1/1425 AH.
After reviewingthe Value Added Tax Law, issued by Royal Decree No. (M/113) dated 2/11/1438 AH.
After reviewing Process No. (502) dated 21/12/1443 AH, memoranda No. (194) dated 13/1/1444 AH, No. (355) dated 8/2/1444 AH, No. (2262) dated 24/7/1444 AH, No. (1427) dated 25/4/1445 AH, No. (2682) dated 27/7/1445 AH, No. (4186) dated 5/12/1445 AH, No. (504) dated 9/2/1446 AH, prepared at the Bureau of Experts at the Council of Ministers.
After reviewing the recommendation of the Council of Economic and Development Affairs No. (18-10/45/T) dated 19/8/1445 AH.
After considering Shura Council Decision No. (460/43) dated 3/1/1446 AH.
After reviewing the recommendation of the General Committee of the Council of Ministers No. (2123) dated 30/2/1446 AH.
It is decided as follows:
First: Approval of the Real Estate Transactions Tax Law, in the attached form.
Second: The competent judicial authority referred to in Article (Seventeen) of the law -mentioned in item (First) of this decision- shall be the primary and appellate committees stipulated in theIncome Tax Law, issued by Royal Decree No. (M/1) dated 15/1/1425 AH.
Third: The Zakat, Tax, and Customs Authority shall apply the provisions stipulated in Articles: (Seventy-Three, Seventy-Four, and Seventy-Five) of theIncome Tax Law -issued by Royal Decree No. (M/1) dated 15/1/1425 AH- to the tax dues of the Authority in accordance with the provisions of the law referred to in item (First) of this decision.
Fourth:
1- Stakeholders who have conducted any undocumented real estate transaction before the effective date of the Real Estate Transactions Tax on 14/2/1442 AH shall be granted a grace period of (one) Hijri year from the date of the law’s enforcement -mentioned in item (First) of this decision- to rectify their status and notarize the real estate transactions they conducted in accordance with the relevant legal provisions, provided that the date of the real estate transaction is proven before the competent authority. The Minister of Justice and the Chairman of the Board of Directors of the Zakat, Tax, and Customs Authority shall agree on the regulations for implementing this paragraph and shall submit what requires action in this regard.
The grace period referred to in this paragraph may be extended by a decision of the Council of Ministers based on a proposal from the Chairman of the Board of Directors of the Zakat, Tax, and Customs Authority.
2- Any partner in a company who has conducted a real estate transaction -represented by transferring the property in the name of the company without notarization- shall be granted a grace period of (one) Hijri year from the date of enforcement of the law referred to in item (First) of this decision, to notarize the transaction and provide the Zakat, Tax, and Customs Authority with proof thereof. This period may be extended by a decision of the Council of Ministers based on a proposal from the Chairman of the Board of Directors of the Zakat, Tax, and Customs Authority. The real estate transaction in this case shall be exempt from the Real Estate Transactions Tax, provided that the property subject to the transaction is recorded in the company’s assets before the Real Estate Transactions Tax came into effect, and the transactor submits audited financial statements or a certified certificate -from a licensed legal accountant- proving the inclusion of the property within the company’s assets before the Real Estate Transactions Tax came into effect and until the date of the transaction.
Fifth: Without prejudice to the provisions of the law -referred to in item (First) of this decision- the following shall be exempt from the Real Estate Transactions Tax:
1- Real estate transactions executed pursuant to lease-to-own contracts and financial lease contracts concluded before the effective date of the Real Estate Transactions Tax on 14/2/1442 AH.
2- Real estate transactions subject to Value Added Tax before notarization, in case notarization occurs after the provisions of the Real Estate Transactions Tax Law come into effect.
Sixth: Confirmation that real estate supplies subject to the Real Estate Transactions Tax are exempt from Value Added Tax.
A draft Royal Decree has been prepared accordingly, its text attached hereto.
Seventh: The Zakat, Tax, and Customs Authority shall, after (three) years from the enforcement of the law -referred to in item (First) of this decision-, review the mechanism for calculating the Real Estate Transactions Tax, including considering the appropriateness of calculating it based on brackets or categories according to the use of the property (residential, commercial, agricultural, etc.) and its location, and shall report on the outcomes in this regard.
Prime Minister
