CHAPTER 18 - FINAL PROVISIONS
Article 112 - Exchange Rates
The exchange rates for foreign currencies related to the application of the provisions of the Law and its ERs are determined as follows:
Amounts that are in a currency other than the Euro shall be converted to Euros using the average exchange rate announced by the Central Bank of Kuwait for the Euro for the month of December of the year immediately preceding the start of the tested Tax Period, for the purposes of the amounts stated in these ERs in Euros.
If the Tax is calculated using the accounting standard applicable in the State, it shall be calculated based on the Kuwaiti Dinar, provided that all CEs located in the State from the MNE Group use the Kuwaiti Dinar as their functional currency in their FS.
Notwithstanding the provisions of clause (b), if CEs of an MNE Group located in the State use different functional currencies in their separate FS, the DCE must use either of the following:
This election shall remain valid for five Tax Periods.
If the Tax Due is calculated in currencies other than the Kuwaiti Dinar, the amount must be converted into Kuwaiti Dinar using the average exchange rate announced by the Central Bank of Kuwait for the relevant fiscal year, and payment shall be made in Kuwaiti Dinar.
Amounts used for tax calculation purposes shall be converted to the currency used in the CFS of the UPE, as per the currency valuation principles in the applicable or accepted financial accounting standards used in preparing the CFS of the UPE.
If the Central Bank of Kuwait does not publish exchange rates for certain foreign currencies, the Taxpayer must use the official rate of the central bank of the jurisdiction of the UPE, subject to prior approval from the Tax Administration before filing the Tax Return.
In all cases, the Taxpayer must retain supporting documents for the application of foreign currency conversion rules.