SZTAC 46/2020/IR;IW/2018/1487 2

A taxpayer, a branch of a non-resident company head-quartered in Italy, appealed a decision by the Second Circuit of the First Instance Tax Zakat Objection Committee regarding a tax assessment by the GAZT.

Background

On 28/11/1441 AH, corresponding to 19/07/2020, the First Appellate Circuit of Income Tax Violations and Disputes convened at its headquarters in Riyadh to consider the appeal brought by a branch of a company on 10/08/1439 AH, corresponding to 26/04/2018. It challenged the Second Circuit of the First Instance Tax Zakat Objection Committee in Riyadh decision No. (17) of 1439 issued in Objection No. (30/38) filed by the appellant against the GAZT, in which the preliminary decision determined that:

First: To admit the objection submitted by a company’s branch.

Second: On merits:

  • 1. To dismiss the taxpayer’s objection to withholding tax on technical services provided by the head office.

  • 2. To settle the dispute regarding the income tax item on the unrealised currency differences profits.

  • 3. To settle the dispute regarding the income tax item on withholding taxes recovered.

  • 4. To dismiss the taxpayer’s objection to the social insurance difference clause.

  • 5. To dismiss the taxpayer’s objection to the delay penalty item.