Real Estate Transaction Tax in Saudi Arabia - مكتـب المحامـي خالـد بـن غانـم الفيفـي
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Real Estate Transaction Tax in Saudi Arabia

The Real Estate Transaction Tax (RETT) system in Saudi Arabia is one of the newly introduced regulations designed to organize the real estate market, enhance transparency, and increase non-oil revenues in alignment with Saudi Vision 2030. This article highlights the key features of the system, its implementation mechanisms, exemptions, and penalties.

Definition of Real Estate Transaction

A real estate transaction is defined as any transfer of property ownership or its benefits, whether permanently or for a period exceeding 50 years, either directly or indirectly. A tax of 5% is imposed on the total value of the real estate transaction, provided that the value aligns with the fair market value.

Objectives of the Real Estate Transaction Tax System

  1. Organizing the Real Estate Market: Establishing a clear legal framework for buying and selling activities in the real estate sector.

  2. Increasing Public Revenues: Supporting the state treasury with additional resources to finance developmental projects and public services.

  3. Combating Speculative Activities: Reducing unhealthy speculation, thereby contributing to price stabilization.

Exemptions from the Tax

According to Article 3 of the system, certain cases are exempted from the Real Estate Transaction Tax, including:

  • Transactions involving the division of inheritance or documented gifts to relatives up to the third degree.

  • Transactions for public entities or charitable organizations.

  • Real estate transactions for public or private endowments.

  • Expropriation for public interest.

  • Transactions related to mergers, acquisitions, or public offerings.

  • Real estate used as collateral for financing purposes, provided no permanent ownership transfer occurs.

Tax Payment and Refund

  • Payment Timing: The tax must be paid on or before the date of property transfer.

  • Refund Cases: Overpaid taxes or taxes on canceled real estate transactions where the property description remains unchanged are refundable.

Penalties for Violations

  1. Tax Evasion: A fine of up to three times the value of the evaded tax.

  2. Late Payment: A penalty of 2% of the unpaid tax for each month of delay, with a maximum of 50%.

  3. System Violations: A fine equivalent to the due tax or SAR 50,000, whichever is greater.

Conclusion

The Real Estate Transaction Tax system serves as a cornerstone in balancing economic growth and financial stability in the real estate sector. With clear mechanisms for payment and exemptions, investors and stakeholders can navigate the regulatory framework and ensure compliance with the laws.

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