01
Para. 4.2.2Status unknownSaudi ArabiaRegulation
Issued by Zakat, Tax and Customs Authority (ZATCA)
Activity Practice
Based on the provisions concerning the persons subject to Zakat, it is crucial to determine the
concept of practicing the activity that necessitates adherence to the regulations. This entails
determining the extent to which resident Saudi natural persons engaged in this activity are
subject to it.
According to Article 1 of the regulations, a zakat payer is defined as: A person who is subject to
the provisions of the Regulations and practices an activity, or who issued a license to practice the
said activity.
The term "activity" is defined in the article as: Any act performed for the purpose of continuously
and regularly generating profit under a license issued by the relevant entities, or which requires
a license by the relevant entity prior to its performance, as per the relevant laws and regulations
applicable in the Kingdom; whether commercial, vocational, service, industrial, or other activity.
Example (24)
A Saudi resident owns a personal property and rents it out annually. Does this activity fall under
the definition of a subject activity according to the provisions of the regulation, assuming that this
activity does not require any regulatory licenses to practice?
The solution:
Since the practice of this rental activity by this person does not require a license from the relevant
entities, the definition of activity in the regulations does not apply to this activity. Therefore,
the practice of this activity by a natural person does not require this person to be subject to the
provisions of the regulation.
Example (25)
Controls of Residency:
Establishing residency is one of the fundamental criteria for subject to the provisions of the
regulation. Article 4 of the regulations outlines the residency controls and distinguishes between
the residency controls for natural persons and residency controls for legal ones, as follows:
Residency Conditions for Natural Persons
(One condition is sufficient)
Residency Conditions for Legal Persons
(One condition is sufficient)
a. Such person has a permanent residence
in the Kingdom and is physically present
in the Kingdom for no less than 30 days,
whether consecutive or aggregated, during
the Zakat Year.
b. Such person does not have a permanent
residence in the Kingdom and is physically
present in the Kingdom for no less than 183
days, whether consecutive or aggregated,
during the Zakat Year.
a. Said Person is incorporated under the
applicable laws of the Kingdom.
b. Its principal headquarters is located in the
Kingdom
The Arabic text is the legally binding version. The English translation is provided for guidance only.
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