01 What?
The Zakat, Tax and Customs Authority (ZATCA) has set in motion a public consultation on adding a new paragraph to Article 33 of the VAT Implementing Regulations on "Services Provided to Non-GCC Residents".
02 When?
12 October to 11 November 2022
03 How?
Concerned stakeholders may provide their inputs and comments on the KSA's Public Consultation Platform website
Proposed Addition:
Clause 3 of Article 33 of the VAT Implementing Regulations
KSA Supplier
Supply of services is zero-rated IF
Non-resident in the KSA
Facilitates the supply of taxable services (subject to15% VAT)
KSA Customer
The supply of services to a non-resident customer in any of the member states shall be zero-rated where it facilitates the supply of taxable services by that non-resident customer to a person in the KSA.
Note: No similar provision in other GCC States for Export of Services
Kuwait
- VAT is not yet implemented.
Bahrain
- Services are supplied to a non-resident customer and such customer was outside Bahrain at the time services were performed.
- Services relate to tangible goods or real estate located outside Bahrain
Qatar
- VAT is not yet implemented.
UAE
- Service or arranging of service is performed outside the State
- Recipient is outside the UAE when the service is performed
- Service is not directly related to real estate or movable personal asset in the UAE
Oman
- Taxable supplier is resident in Oman
- Customer is not residing in Oman
- Customer is beneficiary of these services outside Oman
- Place of supply of services is in Oman
Key Takeaways
- KSA businesses currently charging 15% to non-resident recipients may qualify for 0% VAT under the addition.
- Non-resident recipients incurring 15% VAT on services from KSA suppliers may be subject to 0% VAT, saving them from non-recoverable VAT if the recipients are based in a country without reciprocity agreement with the KSA.
- Above-mentioned stakeholders must take active part in the polishing of this amendment by participating in the public consultation.