
Determination of Tax Base : Allowed deductions
All expenses, paid or accrued, that are necessary and normal to the business
are allowed deductions, provided they meet the following:
(a) It is an actual expense, supported by document, not a reserve.
(b) It is an operational expense.
(c) It produces income or maintains it.
(d) It is related to the business that is subject to tax. Expenses that
are unnecessary or unrelated to the activity, such as personal
expenses, are disallowed.
(e) It is incurred during the year of tax.
The following are some deductible expenses:
- Wages and Salaries :
Wages, salaries and similar benefits incurred by the entity are allowed
deductions. The taxpayer should attach a certificate by the General
Organization for Social Insurance (GOSI) stating wages that are subject to
social insurance system and a certificate by the taxpayer’s chartered
accountant certifying wages that are not subject to social insurance system.
- Depreciation
The Law has allowed a deduction for depreciation based on defined groups and
rates and according to the following conditions:
a. The asset is owned by the business.
b. The asset was acquired with the intent to use in the production process.
c. The asset
is used by the business activity and contributes to the making or
maintaining of income.
d. The asset is of depreciable nature as a result of use, wear and tear.
e. Depreciation should be in accordance with the rules set in Article 17,
depreciation, of Income Tax Law and with the following groups and rates:
|
Group No. |
Description |
Depreciation Rate |
|
1. |
Fixed Buildings. |
5percent
|
|
2. |
Industrial and agricultural movable buildings.
|
10percent |
|
3. |
Factories, machines, engines, hardware and software (computer
software) and equipment, including passenger cars, and cargo vehicles.
|
25percent |
|
4. |
Expenses for geological surveying, drilling, exploration, and
other preliminary work to exploit and develop natural resources and
their fields.
|
20percent |
|
5. |
All other tangible and intangible depreciable assets.
|
10percent |
Repair Expenses:
Repair or improvement expenses of depreciable assets are allowed deduction
provided such an expense does not exceed 4 percent of the balance of the
group value where the asset(s) fall(s). Excess amount of such an expense
will be added to the balance of the group.
- Royalties
Royalties paid or accrued are an acceptable business deduction.
- Insurance premiums
Insurance premiums are deductible.
- Charitable Contributions
Charitable contributions are deductible provided the following conditions
are met:
- Recipients are licensed public or philanthropic organizations in the
Kingdom.
- Recipients are non-profit organizations.
- Recipients’ Articles of Association allow receiving such contributions.
- Bad Debts
Bad debts are deductible provided the following conditions are met:
- The deduction is connected
with goods or services that have been sold where
income from such sale was
previously included in income subject to tax of the
year when accrued.
- It is not a debt on a related party.
- Serious efforts have been exerted by the taxpayer to collect the debt
with no
success, and a proof of
un-collectible status.
- A decision was made by the taxpayer’s Board of Directors approving the
write
off of the debt
confirmed by deleting it from the taxpayer’s records. Providing
a certificate by the
taxpayer’s chartered accountant certifying the writing off of
the debt from the
taxpayer’s books and records.
- Undertaking by the taxpayer to reinstate as income any written off
debts if
ever collected in the
year of collection.
- End of Service awards
Actual payments of end-of-service benefits according to the Kingdom’s labor
regulations are allowed as a business deduction; provisions are not allowed.
- Other Expenses
Payments for services provided from outside Saudi Arabia but which are
directly attributable to the operations within the Kingdom (e.g., rental of
equipment employed, royalties, management fees, and insurance premiums) are
deductible. Recipients of such payments are subject to withholding tax
provisions.
- School Fees
School fees paid by
taxpayers to their employees’ children are deductible expenses provided that
they are paid to local schools and are provided for in the employment
contracts.
- Loss Carry-Forward
Operational losses incurred in past years may be carried forward to
up-coming years until fully recovered under the following:
- Operational loss is allowed deductions in excess of taxable income
during the
year.
- The profit that may be used to offset carried over loss should not
exceed
25 percent of the year
profit per the taxpayer’s return.
- Loss
carry forward provision may be used only by taxpayers who keep legal
accounts
and who are subject to tax.
- Loss carry forward provision may be applied only after the expiry of a
tax
holiday.
No loss incurred during a tax holiday is allowed to be carried
forward.
- Loss carry forward provision is applicable to financial years ending
after
5/1/1421
H ( April 10, 2000) which is the issuance date of the resolution that
stipulated the loss carry forward provision.
- Where there has been a change of 50 percent or more in the underlying
ownership
or control of a capital company, no deduction is allowed for pre-
change
loss carry-forward in taxable years following the change.
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