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Royal Decree

Royal Decree D/84 Approving the Law of Real Estate Transaction Tax

Arabic Auto Translate

Issued on: 19 Rabi Al-Awwal 1446
Corresponding to: 23 September 2024

Published in Umm Al-Qura 5051 issued on 11 October 2024.

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Laws and Regulations

The Trade Names Law

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Ministerial Decision

Zakat, Tax and Customs Authority: Decision 1446/99/363 Implementing Phase Sixteen of Linking Electronic Invoicing Systems

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Issued on: 19 Rabi Al-Awwal 1446
Corresponding to: 23 September 2024

Published in Umm Al-Qura 5050 issued on 4 October 2024.

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Ministerial Decision

Transport General Authority: Decision 34/46/1 Approving the Conditions and Procedures for Qualifying and Accrediting Training Centers and Testing Centers for Drivers and Operation Managers in Land Transport Activities

Arabic Auto Translate

Issued on: 15 Rabi Al-Awwal 1446
Corresponding to: 19 September 2024

Published in Umm Al-Qura 5050 issued on 4 October 2024.

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Ministerial Decision

Transport General Authority: Decision 35/46/1 Amending the Terms and Conditions for Licensing Car Rental and Rental Broker Activities

Arabic Auto Translate

Issued on: 15 Rabi Al-Awwal 1446
Corresponding to: 19 September 2024

Published in Umm Al-Qura 5050 issued on 4 October 2024.

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Laws and Regulations

The Conditions and Procedures for Qualifying and Accrediting Training Centers and Testing Centers for Drivers and Operation Managers in Land Transport Activities

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Ministerial Decision

Transport General Authority: Decision 31/46/1 Approving the Conditions and Requirements of the Local Agent of the Non-Saudi Carrier Practicing the Activity of International Passenger Transport by Buses

Arabic

The Acting President of the Transport General Authority,

based on the powers entrusted to him by law,

after perusal of the Public Transport on Roads of the Kingdom of Saudi Arabia Law issued by Royal Decree D/25 dated 21 Jumada Al-Thani 1397 [9 June 1977],

after perusal of the Transport General Authority Law issued by Council of Ministers Decision 323 dated 14 Ramadan 1434 [22 July 2013] and its amendments,

after perusal of the Regulation Governing the Activity of International Passenger Bus Transport approved by Decision 448 of 24 Rabi Al-Awwal 1444 [20 October 2022] and its amendments,

and in pursuance of public interest,

hereby decides

First

The Conditions and Requirements of the Local Agent of the Non-Saudi Carrier Practicing the Activity of International Passenger Transport by Buses are hereby approved in accordance with the form attached.

Second

This decision becomes effective 90 (ninety) days from the date of its publication.

Third

The original copy of this decision must be sent to the undersecretary of the authority for land transport to notify those who are required to implement its provisions.

May Allah provide success.

The Acting President of the Transport General Authority,
Rumaih bin Mohammed Al-Rumaih

Issued on: 14 Rabi Al-Awwal 1446
Corresponding to: 18 September 2024

Published in Umm Al-Qura 5052 issued on 18 October 2024.

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Council of Ministers Decision

Council of Ministers: Decision 236 Approving Naming the Year 2025 as the Year of Handicrafts

Arabic

The Council of Ministers,

after perusal of Royal Court File 86739 dated 2 Dhu Al-Hijja 1445 [9 June 2024], which includes Minister of Culture Telegram 6727 dated 22 Dhu Al-Qa’dah 1445 [30 May 2024], regarding naming the year 2025 as “Year of Handicrafts”,

after perusal of Bureau of Experts at the Council of Ministers Memorandum 333 dated 22 Muharram 1446 [29 July 2024],

after perusal of Council of Economic and Development Affairs Recommendation 44-5/46/D dated 4 Safar 1446 [10 August 2024],

and after perusal of the General Committee of the Council of Ministers Recommendation 2189 dated 1 Rabi Al-Awwal 1446 [5 September 2024],

hereby decides

The naming of the Year 2025 as “Year of Handicrafts” is hereby approved.

The Prime Minister

Issued on: 14 Rabi Al-Awwal 1446
Corresponding to: 18 September 2024

Published in Umm Al-Qura 5049 issued on 27 September 2024.

Categories
Council of Ministers Decision

Council of Ministers: Decision 237 Approving the Commercial Register Law and the Trade Names Law

Arabic

The Council of Ministers,

after perusal of the Royal Court File 74905 dated 16 Shawwal 1445 [25 April 2024], which includes the Minster of Commerce Letter 4277, dated 9 Safar 1443 [17 September 2021], regarding the drafts of the Commercial Register Law and the Trade Names Law,

after perusal of the aforementioned draft of the Commercial Register Law,

after perusal of the aforementioned draft of the Trade Names Law,

after perusal of the Commercial Register Law, issued by Royal Decree D/1 dated 21 Safar 1416 [20 July 1995],

after perusal of the Trade Names Law, issued by Royal Decree D/15 dated 12 Sha’ban 1420 [21 November 1999],

after perusal of the System of the Saudi Center for Economic Affairs, issued by Council of Ministers Decision 456 dated 11 Sha’ban 1440 [17 April 2019],

after perusal of Royal Order 39929 dated 28 Jumada Al-Thani 1443 [1 February 2022],

after perusal of the Bureau of Experts at the Council of Ministers Memorandums 1647 dated 9 Jumada Al-Awwal 1445 [22 November 2023], 2114 dated 12 Jumada Al-Thani 1445 [25 December 2023], 3949 dated 19 Dhu Al-Qa’dah 1445 [27 May 2024], and 775 dated 2 Rabi Al-Awwal 1446 [6 September 2024],

after perusal of the Council of Economic and Development Affairs Recommendation 1-8/45/R dated 15 Jumada Al-Thani 1445 [28 December 2023],

after considering Shura Council Decision 265/25 dated 13 Shawwal 1445 [22 April 2024],

and after perusal of the General Committee of the Council of Ministers Recommendation 2508 dated 13 Rabi Al-Awwal 1446 [17 September 2024],

hereby decides

First

The Commercial Register Law is hereby approved in the form attached.

Second

The Trade Names Law is hereby approved in the form attached.

Third

Those registered in the Commercial Register are granted a grace period of five years starting from the effective date of the law referred to in clause First of this decision, to rectify the status of their sub-commercial registrations. All their sub-registrations must be deleted at the end of such grace period, according to a mechanism determined by the Ministry of Commerce.

Fourth

The provisions of the law—referred to in clause Second of this decision—do not prejudice trade names registered prior to its entry into force, as determined by the Ministry of Commerce.

A draft royal decree has been prepared in the form attached.

Fifth

The financial consideration—mentioned in article 27 of the law referred to in clause First of this decision and in article 21 of the law referred to in clause Second of this decision—must be determined in agreement with the Ministry of Finance and the Non-Oil Revenue Development Center, until the Central Committee for Fees and Financial Considerations formed based on Royal Court Telegram 83347 dated 2 Dhu Al-Hijja 1444 [21 June 2023] begins its work.

Sixth

The Ministry of Commerce shall take into account the provisions of Royal Order 39929 dated 28 Jumada Al-Thani 1443 [1 February 2022], when preparing the executive regulations for the law referred to in clause Second of this decision.

Seventh

The Saudi Center for Economic Business—in coordination with the Ministry of Commerce, the Ministry of Investment, and the Saudi Authority for Intellectual Property—shall consider the appropriateness of establishing a comprehensive and unified economic platform that suits all business sectors in the Kingdom, based on its competence referred to in article 4(2) of its system issued by Council of Ministers Decision 456 dated 11 Sha’ban 1440 [17 April 2019], and submit what is necessary.

The Prime Minister

Issued on: 14 Rabi Al-Awwal 1446
Corresponding to: 18 September 2024

Published in Umm Al-Qura 5050 issued on 4 October 2024.

Categories
Council of Ministers Decision

Council of Ministers: Decision 239 Approving the Law of Real Estate Transaction Tax

Arabic

The Council of Ministers,

after perusal of Royal Court File 1758 dated 8 Muharram 1446 [15 July 2024], regarding the draft Law of Real Estate Transaction,

after perusal of the aforementioned draft law,

after perusal of Royal Order O/84 dated 14 Safar 1442 [2 October 2020],

after perusal of the Income Tax Law issued by Royal Decree D/1 dated 15 Muharram 1425 [26 February 2004],

after perusal of the Value Added Tax Law issued by Royal Decree D/113 dated 2 Dhu Al-Qa’dah 1438 [26 July 2017],

after perusal of the Bureau of Experts at the Council of Ministers Minutes 502 dated 21 Dhu Al-Hijja 1443 [21 July 2022], and Memorandums 194 dated 13 Muharram 1444 [11 August 2022], 355 dated 8 Safar 1444 [5 September 2022], 2262 dated 24 Rajab 1444 [15 February 2023], 1427 dated 25 Rabi Al-Thani 1445 [9 November 2023], 2682 dated 27 Rajab 1445 [7 February 2024], 4186 dated 5 Dhu Al-Hijja 1445 [12 June 2024], and 504 dated 9 Safar 1446 [15 August 2024],

after perusal of Council of Economic and Development Affairs Recommendation 18-10/45/R dated 19 Sha’ban 1445 [29 February 2024],

after perusal of Shura Council decision 460/43 dated 3 Muharram 1446 [10 July 2024],

and after perusal of the General Committee of the Council of Ministers Recommendation 2123 dated 30 Safar 1446 [5 September 2024],

hereby decides

First

The Law of Real Estate Transaction Tax is hereby approved in the form attached.

Second

The competent judicial authority stipulated in article 17 of the law—referred to in clause First of this decision—is the primary and appeal committees that are stipulated in the Income Tax Law, issued by Royal Decree D/1 dated 15 Muharram 1425 [7 March 2004].

Third

The Zakat, Tax and Customs Authority shall apply the provisions stipulated in articles 73, 74, and 75 of the Income Tax Law—issued by Royal Decree D/1 dated 15 Muharram 1425 [7 March 2004]—to the tax dues of the authority in accordance with the provisions of the Law referred to in clause First of this decision.

Fourth

1. The concerned parties who have made any undocumented real estate transaction before the effective date of the real estate transaction tax on 14 Safar 1442 [2 October 2020], are granted a period of one Hijri year from the effective date of the system—referred to in clause First of this decision—to rectify their status and document the real estate transactions they have made in accordance with the relevant regulatory 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 controls for implementing this paragraph, and they shall submit all that requires taking action in this regard.

The period referred to in this paragraph may be extended by a decision by 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 made a real estate transaction—represented by transferring the property in the name of the company without documenting it—is granted a period of one Hijri year from the effective date of the system referred to in clause First of this decision, to document the transaction and provide the Zakat, Tax and Customs Authority with proof of it. This period may be extended by a decision by the Council of Ministers based on a proposal from the Chairman of the Board of Directors of the Zakat, Tax and Customs Authority. In this case, the real estate transaction is exempt from the real estate transaction tax, provided that the real estate subject to the transaction is registered within the assets of the company before the real estate transaction tax comes into effect, and that the person conducting the transaction submits audited financial statements or an accredited certificate—from a licensed chartered accountant—proving that the real estate is included in the assets of the company before the real estate transaction tax comes into effect and up to the date of the transaction.

Fifth

Without prejudice to the provisions of the law—referred to in clause First of this decision—the following are exempt from real estate transaction tax:

1. Real estate transactions carried out in implementation of lease-to-own contracts and financial leasing contracts, concluded before the effective date of real estate transaction tax on 14 Safar 1442 [2 October 2020].

2. Real estate transactions that were subject to value-added tax before being documented, if the documentation was done after the provisions of the Law of Real Estate Transaction came into effect.

Sixth

Confirming that real estate supplies subject to real estate transaction tax are exempt from value added tax.

A draft royal decree has been prepared in the form attached.

Seventh

The Zakat, Tax and Customs Authority shall, after the lapse of three years from the entry into force of the law—referred to in clause First of this decision—review the mechanism for calculating the real estate transaction tax, and that this must include examining the extent to which it is appropriate to calculate it on the basis of brackets or categories according to the use of the property (residential, commercial, agricultural, etc.) and its location, and submit its findings in this regard.

The Prime Minister

Issued on: 14 Rabi Al-Awwal 1446
Corresponding to: 18 September 2024

Published in Umm Al-Qura 5051 issued on 11 October 2024.