Saudi Arabia's Real Estate Disposal Tax (RETT) is levied at 5% on any real estate transaction, regardless of the condition or use of the property at the time of the transaction, and whether or not the transaction is documented. The transferor is responsible for paying the tax, and the Law sets out a specific, exclusive list of exemptions. This tax replaces VAT liability on the real estate supplies it covers, since those supplies are exempted from VAT to avoid double taxation on the same real estate transaction.

Tax Rate and Calculation Base

The tax is imposed at a rate of 5% on the real estate transaction, regardless of the condition, form, or use of the property at the time of the transaction, and whether the transaction covers the whole property or part of it, a divided or undivided share, and whether the property is completed, under construction, or off-plan. The tax is calculated based on the total value of the transaction agreed between the transferor and the transferee, provided it is within the limits of the fair market value at the date of the transaction.

When Is the Tax Due and Who Pays It?

The tax becomes due on the date of the real estate transaction, which is deemed by law to be the date of its documentation. The transferor is responsible for the tax due and must pay it to the Authority in accordance with the procedures and deadlines specified by the Regulations, while the transferee is jointly liable in cases where it is proven that they caused the tax not to be paid.

Key Exemptions

A number of real estate transactions are exclusively exempted from the tax under the Law, most notably:

The Authority's Power to Review the Value

The Authority may, within a period not exceeding 3 years from the date of the transaction, verify the disclosed value of the real estate transaction, and must recalculate the tax due in cases where it is proven that the disclosed value is less than the fair market value, including cases of tax evasion. Within the same period, the Authority must also estimate the value of an undervalued real estate transaction and calculate the tax due on an undocumented transaction or one not disclosed to it.

Illustrative Example

As a hypothetical example, if the fair market value of a transferred property is 1,000,000 riyals, the tax due is calculated at 5% of that value, i.e. 50,000 riyals (illustrative example with assumed figures).

Legal References

For questions about your specific situation, you can ask the Saudi Arabia Tax & Legislation Helper on Helpers, or consult a licensed chartered accountant.