Navigating corporate tax administration in Oman is crucial for businesses to ensure compliance and avoid potential pitfalls. This article provides a comprehensive overview of essential aspects such as taxable periods, tax returns, payment procedures, objections and appeals, statute of limitations, record maintenance, and key areas of focus for tax authorities.
1. Taxable Period
In Oman, the taxable period generally aligns with the calendar year. However, businesses can choose a different year-end, subject to prior approval from the Oman Tax Authority (OTA). Once a year-end is selected, it must be consistently applied. Notably, a taxpayer’s initial tax year can extend up to 18 months, providing flexibility during the establishment phase.
2. Tax Returns
Filing Requirements
- Businesses are required to file a single ‘return of income’ within four months after the financial year ends. Extensions for filing are granted at the OTA’s discretion and do not affect the tax payment deadline. Late payments incur an additional 1% per month interest.
Documentation
- The annual return must be accompanied by audited accounts, prepared by a registered auditor in Oman. These accounts should comply with International Financial Reporting Standards (IFRS) or similar standards approved by the OTA and should be based on accrual accounting unless otherwise permitted. Submissions should be in local currency unless prior approval for foreign currency use is obtained.
SMEs
- Small and Medium Enterprises (SMEs), taxed at a rate of 3%, are required to file returns with a simplified income statement within three months of their year-end.
Penalties
- Penalties for late or incomplete filings range from OMR 100 to OMR 2,000. Failure to submit audited accounts may lead to an estimated profit assessment by the OTA. The OTA has the authority to request detailed information, and non-compliance can result in additional assessments or penalties.
3. Payment of Tax
Due Dates and Interest
- Taxes must be settled with the final return, which is due within four months of the year-end. Late payments attract a 1% monthly interest. Instalment payments are permissible with prior OTA approval.
Additional Assessments
- Any discrepancies between paid and assessed amounts must be addressed within a month of assessment, with 1% monthly interest applied for late settlements. The OTA has the authority to sequester and sell assets to recover unpaid taxes.
Refunds
- Taxpayers may recover overpaid taxes, which can be adjusted against future liabilities within five years from the tax year-end. Incorrect income declarations can result in fines ranging from 1% to 25% of the underreported amount.
4. Objections and Appeals
Businesses can file objections to OTA assessments within 45 days, in both English and Arabic. The OTA must respond within five months, extendable by an additional three months. During this period, no additional taxes are required. Post-decision, immediate payment is necessary, with no further deferment allowed.
Further grievances can be escalated to the Tax Grievance Committee within 45 days of the objection decision. Decisions by the Primary Court can be appealed to the Court of Appeal and subsequently to the Supreme Court, following the Civil and Commercial Procedures Law.
5. Statute of Limitations
Under the self-assessment regime introduced by Royal Decree 9/2017, the OTA has three years from the end of the tax return submission year to conduct assessments. For entities that do not submit returns, this period extends to five years.
6. Maintenance of Records
Businesses are mandated to maintain accounting records and supporting documents for ten years following the end of the relevant accounting period. This ensures compliance and facilitates any future audits or reviews.
7. Focus Areas for Tax Authorities
The OTA places significant scrutiny on related-party transactions. Businesses must maintain extensive documentation to demonstrate that such transactions are conducted at arm’s length, ensuring adherence to transfer pricing regulations.
Understanding these facets of corporate tax administration in Oman helps businesses navigate the regulatory landscape efficiently and avoid potential compliance issues. Ensuring timely and accurate tax filings, maintaining thorough records, and staying abreast of the OTA’s focus areas are essential for smooth operations and regulatory compliance.
Summary
corporate tax administration in Oman involves several key aspects. The taxable period generally follows the calendar year, but businesses can choose an alternative year-end with OTA approval. Tax returns must be filed within four months after year-end, supported by audited accounts, and late payments incur interest. SMEs have simplified filing requirements, while penalties for late or incomplete returns can be significant.
Taxes are due with the final return, and discrepancies must be settled promptly to avoid additional interest and recovery actions by the OTA. Businesses can object to OTA assessments within 45 days, with further appeals available through the judicial system. The statute of limitations for assessments is three years, extendable to five years for non-filers. Companies must retain records for ten years and must closely document related-party transactions to comply with transfer pricing regulations.
Disclaimer:
The Content offer general guidance and should not be considered legal, financial, or tax advice. Consult qualified professionals for personalized guidance. While efforts have been made to ensure accuracy, no guarantee is provided for completeness or applicability to individual situations. Users are responsible for their interpretation and actions based on this information, at their own risk.
For understanding more about Corporate Tax, VAT Updates, Tax Law and Registrations reach out to us on: info@acme-group.me | +971527972066.
This article was published on 04 August 2024.
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