Article (4)
(a)
For the purposes of this Law,
a supply shall be realized when
goods are transferred from the
supplier, or services
are performed by him, to the
benefit of the purchaser or
recipient for a consideration. It
shall also be deemed to be
supply under this Law when
goods are used by the taxable person
for his own purposes, when a third
party is
enabled by him to do so,
whether or not for a consideration,
or when goods are disposed of by any
other legal
action transferring ownership.
(b)
The general tax shall be
imposed on the following:
(1)
A supply of goods and/or
service, unless such supply is
exempted, relieved, or not subject
to tax under this
Law.
(2) Import of goods or service from
abroad or from the free zones,
cities and duty-free shops, unless
such
import is exempted, relieved,
or not subject to tax under this
Law.
(c) Without prejudice to the
provisions of paragraph (b) above,
the special tax shall be imposed
once and for all on the
goods listed in Schedule (1)
annexed to this Law in any of the
following two cases:
(1) Import
any of those goods from abroad or
from the free zones, cities, or duty
free shops.
(2 ) Putting those goods, if locally
produced, for free circulation for
the first time, or at the first or
subsequent
point of sale
according to Directives to be
specified by the Director.
Article (5)
(a)
For the purposes of this Law,
Customs Tariff Tables and the
relevant Explanatory Notes in force
under the
Customs Law shall be the
reference taken for identifying the
nomenclature of goods. The
international
classifications issued by the
Secretariat of the United Nations
shall be adopted as a reference for
the identification
of services.
(b)
The Director may define the
taxable person as totally supplying
either goods or service when both
supplied
together at the same time, as
may be the case. However, the
taxable person may make separate
entries for both
the supply of goods and the
supply of service.
(c)
For the purposes of this Law,
a body who imports or supplies goods
or services shall be considered a
Person
regardless of its entity.
Article (6)
(a)
A general tax of (16%) shall
be imposed by this Law on the supply
or import of taxable goods or
services.
(b)
Subject to the provisions of
Article (3) of this Law, the special
tax shall be chargeable on the goods
and services
listed in Schedule (1) annexed
to this Law at specific or advalorem
rates to be specified by Regulations
made for
this purpose.
Article (7)
(a)
Subject to the provisions of
paragraph (c) below, the general tax
and the special tax, as may be the
case, shall be
chargeable at zero rate on the
supply or import of any of the
following goods and services:
(1)
Goods and services listed in
Schedule (2) annexed to this Law.
(2)
Goods and services supplied
to free zones, cities and duty free
shops, or exported outside the
kingdom.
(3)
Goods and services supplied to the
bodies relieved from payment of tax
under Article (21) of this Law and
according to the provisions provided
for there under.
(b)
Goods and services listed in
Schedule (3) annexed to this Law
shall be considered tax-exempt.
(c)
Subject to the provisions of
Paragraph (d) below, the supply of
goods and services listed in
Schedules (2) and (3)
annexed
to this Law shall be subject to the
general tax when supplied in
combination with other supply of
goods
or
services subject to this tax.
(d)
In case where a financial
service exempted under Schedule (3)
of this Law is supplied in
combination with a
supply of
taxable goods, such supply of goods
shall remain taxable. The taxable
value in this case shall be
determined by reference to the value
of goods in question independently
of the value of the exempt service.
Article (8)
A Registered
person shall be required to account
for, declare and pay the tax to the
Department within the dates
prescribed in this Law.
Article (9) Time of Supply
(a)
Tax, whether general or
special, becomes due on the supply
of goods when any of the following
events take place whichever is
sooner:
(1)
Delivery of goods. However,
the Director may consider the date
of the tax invoice as the tax point
in case where
it is issued periodically or at
the end of a certain period
following the date of delivery.
(2) Issue
of tax invoice.
(3)Receipt of the value of goods,
wholly or partially, receipt of
credit payment or any other receipt
of value according to the agreed
terms of payments.
(b)
Tax becomes due on the supply
of service when any of the following
two events take place whichever is
sooner:
(1)
Issue of tax invoice.
(2)
Receipt of payment for the service,
wholly or partially.
(c)
Tax shall be payable in any
of the cases provided for in
paragraphs (a) and (b) above by
reference to whichever is
higher,
either the value covered by the
invoice or the amount paid.
(d)
(1) Tax, whether general or
special, becomes due on imported
goods at the clearance stage subject
to the tax rate
in effect at the time when the
Customs Declaration is registered.
(2) Tax,
whether general or special, due on
imported goods, shall be paid prior
to the release of goods in
accordance with the procedures
stated under the Customs Law unless
otherwise required by this Law.
(e) (1)
Tax becomes due on an imported
service when payment for this
service is made, wholly or
partially. The
recipient or beneficiary
there from shall be required to pay
the tax due to the Department.
(2) For
the purposes of this paragraph, the
term "imported
services"
includes services performed in the
kingdom by
non-resident persons or by foreign
firms or associations that have no
branches working in the kingdom.
(f)
Tax, whether general or
special, shall be payable on goods
and services in the free zones,
cities and duty free
shops when they are used for private
purposes or non-business purposes
irrelevant to the business
operations
licensed
inside these free zones, cities and
duty free shops.
(g)
Apart from the cases provided
for under this Article, the Minister
may, by instructions and for
reasonable grounds, determine the
tax point in relation to the supply
of goods or services, including the
case where goods or services are
supplied for a consideration to be
determined periodically, from time
to time, at the end of a certain
period or after the goods have been
used.
Article (10)
The following
shall not be subject to tax:
(a)
Supply of goods or services
if made after they have been used
for private purposes or for other
purposes unrelated
to the
taxable business licensed by the
taxable person according to this
Law, unless he has already claimed
the tax
charged
on these goods or services.
(b)
Supply of immovable
properties .
(c)
Supply of shares and stocks
of companies, investment funds and
securities of all kinds.
(d)
Amounts received by
officials, employees and workers in
return for their services or for
whatever associated with
their
services in ministries, governmental
departments, official institutions
and other public bodies; and all
amounts
earned by
employees and workers for their work
or for whatever related to their
work with their employers,
including
bonuses, remunerations and other
sums paid to board members of the
corporate bodies.
(e)
Goods and services imported
by businesses established in the
free zones, cities and duty free
shops within the limits
required
to meet their purposes according to
their own legislations, provided
that amiability to tax be limited to
their
operations
carried out in these free zones,
cities and duty free shops.
(f)
Goods and services exported
outside the kingdom from the free
zones, cities and duty free shops.
Article (11)
In case
where a business related to a
taxable goods ceases or is
liquidated, tax shall be payable on
such goods that shall revert to the
legal successor at the time of
disposal unless such successor is
already registered or has himself
then registered in accordance with
the provisions of this Law.
Article (12)
Goods and
services deemed to be contraband or
breaching to the provisions of this
Law shall be liable to tax at the
rates
in effect on the date the
contraband or violation took place.
However; should this date be
unidentifiable, then tax rates in
force at the time the contraband or
violation was apprehended shall be
applicable