GTL Summary:

Executive Rule No. 37 outlines the tax treatment of foreign exchange rates and currency conversion gains and losses. It stipulates that foreign exchange rates against the Kuwaiti Dinar must align with Central Bank instructions, using the annual average rate. The Rule distinguishes between realised and unrealised (book) profits and losses. Realised profits from transactions are allowed, and realised losses are accepted with supporting documentation. Conversely, book profits and losses arising from the revaluation of assets and liabilities are not recognised for tax purposes.

Document Type: ER - Executive Rules & Instructions
Law: KIT (Law No. 2 of 2008 amending Decree No. 3 of 1955)
Decision Number: 37
Year: 2013
Country: 🇰🇼 Kuwait
Official Name: Executive Rule No. 37 Concerning the exchange rates and profits and losses of currency conversions
Last updated at: 2025-12-19 09:23:03 UTC

Executive Rule No. 37 Concerning the exchange rates and profits and losses of currency conversions

Articles No. 2 & 3 of the Executive Regulations:

First: Foreign exchange rates:

Foreign exchange rates against Kuwaiti Dinar are approved in accordance with Central Bank of Kuwait instructions and the average of annual exchange rate shall be considered.

Second: Profits and losses of currency conversions:

These are payable or receivable currency differences arising from sale or purchase operations and recognized by the incorporated by as profit or loss as follows:

  1. Currency differences profits are divided into:

    A - Realized profits of currency differences: The profits arising from the sale & purchase due to the difference in exchange rates on maturity date from exchange rates on repayment or collection date are allowed.

    B - Book profits of currency differences: These profits are not allowed since they are not real profits but arising from revaluation of assets and liabilities of the incorporated boy.

  2. Currency differences losses are divided into:

    A - Realized losses of currency differences: these losses are accepted provided that the supporting documents are provided. These result from the sale and purchase transactions as a result of the exchange rates differences at the maturity date from the exchange rates in the payment or collection date.

    B - Book profits of currency differences: these losses are not deductible because they are not real, but result from revaluation of the assets and liabilities of Incorporated Body.

Third: Special and unique cases relating to profits and losses of currency differences are treated separately after consulting the Tax Department in this regard.

Fast-loading version for search engines - Click here for the interactive version