SZTAC 85/2020/IR ; 2018/1513/Z

The expense for compensation paid to partners does not qualify as a necessary expense for generating revenue for the professional company; rather, it is a grant and benefit given to the partner. Accordingly, it should be considered a distribution of profit and should not be classified as an allowable expense.

It is not correct to deduct the amounts of health insurance paid by the professional company on behalf of the partners as an allowable deductible expense. In reality, these amounts represent a benefit provided by the company to the partners and should be considered distribution of profits.

Background

On Wednesday, 20-2-1442 AH, corresponding to 7-10-2020 AD, the First Appellate Chamber for Income Tax Violations and Disputes convened in accordance with Saudi Arabia Royal Decree No. 65474/1439 dated 23-12-1439 AH, based on paragraph (b) of Article 67 of the Income Tax Law issued by Saudi Arabia Royal Decree No. M1/1425 dated 15-10-1425 AH, as amended by Saudi Arabia Royal Decree No. M113/1438 dated 20-11-1438 AH, at its headquarters in Riyadh,