Article 57 - Returns
The Authority issues the necessary tax declaration (return) forms as well as explanatory schedules to be attached with the declaration to enable taxpayers to comply with their filing obligations. The taxpayer should fill out the prescribed forms, and may use computer- generated forms if identical to the approved ones.
The taxpayer must file the declaration and attachments duly completed within the legally prescribed period. The taxpayer must disclose all income realized during the period covered by the declaration. The return is considered filed as of the date of the official receipt by the Department or by any authorized agency. The provision of this paragraph applies to the information return by a partnership, and to cessation of activity returns for all taxpayers. If the legally prescribed period for filing ends during an official holiday, the return shall be deemed accepted if it is submitted and payment is made on the first working day after the official holiday.
The burden of proof for correctness of a tax declaration regarding income, expenses and other data, lies with the taxpayer. If a taxpayer fails to prove its claims, the Authority may, in addition to other legal penalties, disallow the expenses that have not been substantiated by the tax payer or make an estimated assessment at its discretion, based on the circumstances and facts related to the case and information available to the Authority.
In cases of cessation of activity, the declaration should be filed and payment should be made within 60 days from the date of cessation.
With respect to partnerships, an information return must be submitted within 60 days from the end of the fiscal year of the partnership. In the event that there is one or more limited partners, the partnership must also file a tax return showing the amount of tax due on the limited partners' share, in accordance with the rules applicable to capital companies.
A taxpayer whose income subject to tax, before deductions, exceeds one million Saudi riyals must get its declaration certified as correct by a Certified Public Accountant licensed to practice in the Kingdom, particularly the following:
The information as per the declaration is extracted from the taxpayer's books and records and in conformity with it.
The declaration was prepared in accordance with the provisions of the Saudi Arabian Income Tax Law.
A person entrusted with the responsibility for liquidation of a company, partnership, estate, bankruptcy or insolvency, must inform the Authority in writing of the commencement of liquidation procedures and must file tax returns within legally prescribed times until the end of liquidation. He must also provide the Authority with a copy of the final financial statements (final liquidation accounts) and pay the tax payable to the Authority within 60 days of the completion of the liquidation process. In case of failure to do, that person shall be jointly liable with the taxpayer for the payment of such amounts, if negligence or default in remittance is proven.
[The taxpayer engaged in oil and hydrocarbons production and natural gas investment together should submit one tax declaration for both tax bases. The return must include a statement of the details of each tax base and the corresponding tax due.][45]