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Document Type: ER - Executive Rules & Instructions
Law: KIT (Law No. 2 of 2008 amending Decree No. 3 of 1955)
Decision Number: 54
Year: 2013
Country: 🇰đŸ‡ŧ Kuwait
Official Name: Executive Rule No. 54 Concerning penalties on delay in settlement of tax

Ministry of Finance - Tax Department - 2013 [Executive Rules & Instructions]

Executive Rules and Instructions of Kuwait Income Tax Decree No. 3 of 1955 as amended by law No. 2 of 2008

Executive Rule No. 54 Concerning fines on delay of tax settlement

Article No. 34 of the Executive Regulations

A delay penalty shall be imposed at 1% for each 30 days or a fraction thereof in the following cases:

First: In the case of the Incorporated Body that has submitted the tax declaration but has delayed the settlement of the tax installments, a penalty for the delay in settling the installments shall be calculated from the due date of each installment until the date of settlement, on the basis of the installment value as per the declaration.

Second: In the case of the Incorporated Body that has not submitted the tax declaration; a penalty for delay in settling the installments shall be calculated from the due date of each installment until the date of settlement, on the basis of the installment value as per the final tax assessment.

Third: A delay penalty is calculated for settlement of the additional tax as per the final tax assessment letter after 30 days from the date of notification of the tax assessment, response to the objection, or the resolution of the Tax Appeals Committee, or the court's decision, until the date of settlement.

Fourth: In the case of an Incorporated Body that has authorized a third party to settle the tax due as per the declaration or assessment on its behalf, under the provisions of Article 33 of the Executive Regulations, the Incorporated Body shall be liable for the delay penalty and not the third party.

Fifth: In the case of the Incorporated Body that has settled the tax installments as per the declaration after the extension period, a fine for delaying settlement of the installments shall be calculated from the due date of each installment until the date of settlement, on the basis of the installment amount as per the declaration, and the extension shall be considered void.

Sixth: Special and exceptional cases relating to fines on delay of tax settlement shall be treated separately after consulting the Tax Department in this regard.