Chapter 11 - Refunds of Tax
Article 70 - Refund of Tax to Designated Persons
Without prejudice to the Agreement and the Law, the Minister of Finance may permit certain categories to apply to the Authority to be considered eligible for a refund of VAT imposed on their purchases of goods or services subject to tax in the Kingdom, which were borne and paid upon receipt of such goods or services in the Kingdom. The Board of Directors or its delegate may issue the necessary requirements to be fulfilled by each category in order for the persons affiliated with them to be considered eligible for refund.[108]
The categories of designated persons may include one or more categories determined to be eligible persons for the purpose of applying the provisions of this Article, as follows:[109]
Foreign governments, international organizations, and diplomatic, consular, and military missions, and heads and members of the diplomatic and consular corps accredited in the Kingdom.
Charitable entities, institutions, societies, endowments, and similar entities of public benefit.
Persons who do not carry out economic activity, or who are engaged in a specific economic activity.
In accordance with the Agreement and the Law, Foreign Governments, International Organizations, Diplomatic and Consular Bodies and Missions may also be authorized by the Minister of Finance as Eligible Persons to request the refund of the Tax incurred on Goods and services in the Kingdom, and to be included on the list issued by way of an order issued by the Board of Directors.[110]
The Authority shall review the application and may request any information or documents that confirm the applicant’s fulfillment of the eligibility requirements. If the applicant fails to meet any of these requirements, the Authority may reject the application and shall notify the person of the reasons for rejection. Upon approval of the application, the Authority shall issue a personal identification number to the person for refund purposes, and the person must include this number in all refund applications and correspondence with the Authority. [111]
The Authority shall issue a list of the names of persons eligible for tax refunds and any amendments made thereto. [112]
An eligible person may submit a request for a refund of tax paid by him relating to his eligible activity, supported by a customs document or a tax invoice dated on or after the date of submitting his registration request to the Authority. The Authority may, in certain cases and according to requirements determined by the Board of Directors, approve a refund of tax for any period prior to the date of submitting the registration request, provided that the Authority issues a notice to the eligible person indicating the date of registration with the Authority, the date from which tax refund claims may commence, and the tax periods that may be included in such refund claims. [113]
An eligible person may submit a refund claim relating to each quarterly or annual period. In specific cases, and according to conditions set by the Board of Directors, the Authority may allow the eligible person to submit refund claims on a monthly basis. In all cases, the refund period shall be specified in the notice issued by the Authority approving the registration. The Authority may, once every twelve calendar months, change the refund period based on a request from the person indicating the reasons for the change or at its discretion. In case of a change in the refund period, the Authority shall issue a notice to the person specifying the new period and the effective date of the change.[114]
The refund request must be submitted within a period not exceeding six months from the end of the relevant refund period. The request may not be amended after submission, nor may more than one refund request be submitted for each refund period. The refund request shall include only the tax paid on goods or services supported by a customs document or a tax invoice dated within the refund period. Exceptions apply to refund requests submitted for monthly or quarterly periods, which may include tax paid on tax invoices dated prior to the refund period, up to a maximum of the beginning of the calendar year in which the refund period falls.[115]
n cases where the eligible person for refund is required to register with the Authority as a taxable person, the refund request may not include tax related to the taxable economic activity of that person, which may be deducted under the normal rules of value added tax. Where the tax subject to the refund request relates to supplies connected with the person’s registration as an eligible person for refund and other supplies, and it is not possible to determine the portion of tax paid that relates to the refund, the refundable tax shall be determined using the proportional deduction method for input tax as provided under Article 51 of this Regulation.[116]
The eligible person may not request a refund of tax related to the supply of goods or services that are non-deductible as specified in Article 55. An exception applies to refund requests submitted by foreign governments, international organizations, diplomatic and consular missions, and military authorities, as well as the heads and members of the diplomatic and consular corps accredited to the Kingdom, provided that reciprocity applies or in implementation of concluded international agreements. [117]
A refund request may not be submitted for a tax amount with a total value of less than five thousand (5,000) riyals.[118]
The request shall be submitted to the Authority using the form specified by it for this purpose, and it shall include at least the following information, data, and documents:[119]
The supplier’s name and tax identification number.
The tax invoice or customs document number and date of issuance.
The total amount of the tax invoice or customs document.
The date of payment of the tax invoice or customs document.
The value added tax amount.
A description of the goods or services purchased.
The details of the bank account to which the refund amount will be transferred.
Any other information, data, or documents specified by the Authority as part of the refund request.
Upon submitting a refund request, the eligible person must retain books, records, and documents evidencing their entitlement to the refund, particularly the tax invoice or customs documents issued in their name related to the supply subject to refund, and documents proving payment of that tax. The eligible person may not claim a refund of tax paid under simplified invoices that do not bear their name. An exception applies to simplified invoices issued to foreign governments, international organizations, diplomatic and consular missions, military authorities, and the heads and members of the diplomatic and consular corps accredited to the Kingdom, provided that reciprocity applies or in implementation of concluded international agreements. The eligible person must retain books, records, and documents related to the refund claim for a period of not less than six (6) years from the end of the relevant period of the refund claim. The previous condition shall not apply to foreign governments, international organizations, diplomatic and consular missions, and military authorities, as well as the heads and members of the diplomatic and consular corps accredited to the Kingdom, provided that reciprocity applies or in implementation of concluded international agreements. [120]
Pursuant to Paragraph 1 of this Article, a Person who carries out an Economic Activity in their capacity as a licensed real estate developer -in accordance with the terms and conditions established by the Authority may submit an application to register as a designated Person eligible for a refund of the Tax such Person incurs on Goods and Services received in the Kingdom and that relate to that Economic Activity in accordance with the refund procedures set forth in this Article. The Authority may establish additional rules and procedures for the refund of Tax by such Persons. [121]
The Authority shall review the refund applications submitted and may request copies of tax invoices or additional documents or information from the eligible person, either in paper or electronic form. The eligible person must provide such requested documents and information within twenty (20) working days from the date of the Authority’s request. The Authority shall have the right to reject the refund application in case the required documents are not provided within the specified period.[122]
If the eligible person for refund is notified of the approval of the request (in full or in part), the Authority shall pay the approved refundable amount to the bank account specified by the eligible person in their application within thirty (30) working days from the date of notification of approval. The Authority may offset the approved refundable amount against any tax, penalty, or other amounts due to the Authority.[123]
If any eligible person for refund receives a tax refund incorrectly or without entitlement, they shall, on their own initiative, notify the Authority of the error immediately upon becoming aware of it and shall repay an amount equal to the refunded amount to the Authority, in accordance with the procedures determined by the Authority.[124]
The provisions stipulated in Article 64 and Article 68 of these Regulations shall apply to refund requests submitted under the provisions of this Article, in respect of examination, assessment, appeal, and collection procedures followed by the Authority.[125]
The Authority may cancel the registration of an eligible person for refund in any of the following cases: [126]
The eligible person for refund loses any of the qualification requirements.
The eligible person for refund deliberately repeats a tax refund without entitlement.
A decision is issued by the Minister of Finance that a certain category of persons shall no longer be considered eligible for refund, provided that the Authority notifies the eligible persons of the cancellation of their registration and the effective date of such cancellation. The cancellation of the registration of the eligible person for refund shall not relieve them from the obligation to settle any dues owed to the Authority prior to the date of cancellation.
As an exception to the provisions relating to tax invoices contained in this Article, the Board of Directors of the Authority, or any person authorized by it, may permit the refund of Value Added Tax based on a simplified tax invoice for certain categories of persons eligible for refund. The Board of Directors of the Authority, or any person authorized by it, may also establish other procedures for tax refunds not specified in the provisions of this Article.[127]