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We are excited to share the latest edition of the Law Update, beautifully and appropriately titled “Sustainable Horizons: The Saudi Arabian Vision.” Giving special honor to the Kingdom’s 2030 vision, this update focuses on a collection of both informative and inspiring articles.
For those in construction, you can learn about how the tendering environment impacts risk-pricing for contractors, the updates on the legal framework of the construction industry and how contractors can protect themselves against financial difficulties.
There is good news too from the kingdom’s banking sector, from which the practice of “Open Banking” is being pushed for! But what is open banking? We’re answering that too.
Also . . . Are there any women trail blazers in Saudi Arabia you can name? We’ll help you with that. We cover how the Middle East has been making strides in empowering women in the entrepreneurial space,most notably in STEM fields.Read the full edition
Arif Mawany - Head of Corporate Commercial - Oman - Commercial / Corporate / Mergers and Acquisitions / Capital Markets
Shiraz Khan - Partner, Head of Taxation - Tax / Corporate / Mergers and Acquisitions / Family Business
Who is affected?
The changes affect Oman taxpayers, as well as foreign companies without a local permanent establishment that receive certain types of income from Oman. In addition, the changes will also impact small and medium enterprises.
Changes to corporate tax rates
The standard corporate income tax rate has increased from 12% to 15%.
A new lower rate of 3% has been introduced for small businesses that meet certain turnover, capital, and minimum employee conditions, and do not fall within specified industry sectors. The lower rate will be irrelevant to most “foreign” (i.e. non-GCC) controlled companies because of the relatively high share capital requirements imposed on these foreign companies under the current Foreign Investment Law of Oman.
Both of these rate changes will apply retrospectively for all financial years beginning on or after 1 January 2017.
Exemption threshold removed
The exemption which previously applied to the first OMR 30,000 of taxable profits has been removed. As a consequence, businesses that were not subject to tax will now be required to file a tax return and pay tax for the first time.
Withholding tax scope extension
The scope of withholding tax has been broadened to include payments of dividends and interest, and payments for services to foreign persons without a permanent establishment in Oman. Ministries and government bodies will now also be required to withhold. Previously, withholding tax only applied to management fees, royalty payments, consideration for the use of, or right to use, computer software, and consideration for research and development.
Al Tamimi’s view
Given the impact of low oil prices and the resultant budget deficit, diversifying revenue streams through taxes has been under consideration for some time. In addition to the introduction of VAT, which will be implemented across the GCC by 2018-19, amendments to the Oman income tax law were widely expected in order to generate additional revenue in the form of taxes. The increase in the standard tax rate, the expansion in the scope of withholding tax, the removal of tax exemptions, and stricter penalties to encourage compliance are all measures designed to achieve this objective.
However, the removal of the exemption threshold and the expansion of the withholding tax base will result in a higher compliance cost for businesses operating in Oman. In addition, foreign companies are likely to push the withholding tax burden to local businesses through contractual gross-up clauses further increasing the cost of doing business in Oman. Accordingly, it will be important to consider whether the withholding tax will be reduced or eliminated by an applicable double tax treaty between Oman and the country in which the foreign recipient is resident. Companies operating in Oman will need to review their contracts to assess potential withholding tax liability and consider the implications of additional compliance.
Despite the amendments to the tax law, Oman remains a jurisdiction without any personal income tax legislation and where disposable incomes, particularly in highly skilled sectors, are high by Middle Eastern standards. Furthermore, the Government’s continued adherence to its Vision 2020 plan in promoting tourism, manufacturing, logistics, and various other sectors should lead to a higher permanent and visiting population, which may serve to offset the cost of taxation on corporations.
Al Tamimi will be pleased to help you understand how the changes affect your business.
Al Tamimi & Company has a regional tax practice. For further information please contact Arif Mawany (A.Mawany@tamimi.com) or Shiraz Khan (S.Khan@tamimi.com).
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