The
Minister of Finance,
Based
on authorities vested in him,
After
viewing Article (79) of Income Tax Law, issued by Royal Decree No.
(M/1), dated 15/1/1425H granting Minister of Finance the power for
issuing instructions and taking measures he deems necessary for
implementation of Income Tax Law,
After
viewing the Implementing Regulations of Income Tax Law issued by
Ministerial Decision No. (1535), dated 11/06/1425 H, and the Department
of Zakat and Income Tax Director General's letter No. (234/1/30), dated
23/11/1430 H. in which he proposed amendment to Paragraph (4) of Article
(5) of the Implementing Regulations in order to avoid double taxation
resulting from taxation of dividends distributed by a resident capital
company to another investing resident capital company,
After
viewing the Ministry of Finance's Legal Department General Manager's
letter No. (22990/42), dated 26/2/1431H. concurring with the proposed
amendment,
Has
decided the following:
First:
Paragraph (4) of Article (5) of the Implementing Regulations of Income
Tax Law is amended to read as follows:
" (4)
Income derived by a capital company resident in the Kingdom from its
operations and those of its branches inside and outside the Kingdom
subject to the following:
(a)
in
regard to income from its investments in another capital company
resident of the Kingdom, and in order to avoid double taxation, such
income shall be excluded from taxation provided the following are met:
1-
income has been subject to tax in the Kingdom,
2- The
share in the invested company is not less than 10 percent,
3- The
period of ownership of share is not less than one year.
(b) in
regard to income from its investments and operations outside the
Kingdom, such income shall be subject to tax in the Kingdom unless
otherwise stipulated in a treaty of avoidance of double taxation between
the Kingdom and the country where the investment is carried out."
Second:
This decision shall be informed to the concerned for implementation.
Minister
of Finance
Ibrahim
Bin AbudAziz AlAssaf