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Saudi real estate transaction tax: 5 per cent, and the exemptions

CA Finalist, ACCA FinalistReviewed by Chartered Advisory Team of Chartered Accountants
Saudi Arabia guide: Saudi Real Estate Transaction Tax explained
Quick answer: RETT applies at 5 per cent on the transfer of ownership of property, whether residential, commercial or industrial. It replaced VAT on most property transfers rather than sitting alongside it.

Saudi real estate transaction tax is straightforward in principle and disruptive in practice, because it sits in the completion path. If it has not been dealt with, the transfer does not happen — which makes it a timetable item, not a tax item.

The one-line version. 5 per cent of the transaction value on real estate disposals, introduced by Royal Order and effective from October 2020. It largely replaced VAT on such disposals, is registered with ZATCA before notarisation, and carries specific exemptions that must be claimed rather than assumed.

What it applies to

What it applies to
TransactionBroad position
Sale of land or buildingsWithin the charge at 5% of transaction value
Gift for considerationGenerally within the charge
Finance lease leading to ownershipGenerally within the charge
Disposal of interests in a property-owning entityCan be within the charge — check the structure
InheritanceExemption category, on conditions
Certain gifts between close relativesExemption category, on conditions
Certain corporate restructurings and contributions in kindRelief categories, each on its own conditions
Residential leasingOutside RETT — a leasing question, generally VAT-exempt
RETT or VAT, rarely both. The introduction of RETT removed most real estate disposals from VAT. The practical consequence is that a seller cannot assume the familiar VAT treatment, and a buyer cannot assume an input credit — a 5 per cent RETT charge is a cost, not a recoverable tax, which changes the economics of a transaction materially.

Where it sits in the deal

Value, and why it is disputed

The charge is computed on the transaction value, and where a declared value sits materially below what comparable evidence supports, expect it to be questioned. That matters most in related-party transfers and in restructurings, where the price is set internally rather than negotiated.

The defensible approach is the same one that works elsewhere: an independent valuation obtained before the transfer, retained with the file, and consistent with what the parties actually recorded. A value chosen to manage the charge and unsupported by anything is the pattern that draws attention.

Transferring property, or restructuring around one?

Chartered Advisory checks whether an exemption or relief is available, handles the ZATCA registration before notarisation, and makes sure the charge is priced into the deal rather than discovered at completion.

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The mistakes that cost the most

  1. Assuming the old VAT treatment still applies to a disposal.
  2. Treating the 5 per cent as recoverable. It is a cost.
  3. Leaving registration to completion day, and stalling the transfer.
  4. Assuming an exemption instead of claiming and evidencing it.
  5. Selling the company instead of the asset without checking the look-through.
  6. Declaring an unsupported value in a related-party transfer.

What the 5 per cent means on a real deal

What the 5 per cent means on a real deal
Transaction valueRETT at 5%Recoverable?
SAR 2,000,000SAR 100,000No — a cost
SAR 8,000,000SAR 400,000No
SAR 25,000,000SAR 1,250,000No
SAR 60,000,000SAR 3,000,000No

Compare that with the position under VAT, where a registered buyer acquiring a commercial asset for taxable use would ordinarily have recovered the input tax. Under RETT there is nothing to recover, so the charge sits in the acquisition cost permanently and affects the yield on every subsequent calculation. On a SAR 25 million asset that is SAR 1.25 million of capital that never comes back.

Restructurings deserve advice before, not after

Corporate reorganisations frequently move real estate — into a holding company, between group entities, or as a contribution in kind on incorporation. Relief categories exist for several of these, and they are the difference between a neutral step and a five per cent charge on the asset's whole value.

Two things make relief fail in practice. It was not claimed through the ZATCA process at the time, because nobody treated the internal transfer as a taxable event. Or the conditions attached to the relief — commonly around continuity of ownership and holding periods afterwards — were broken by a later step that the original planning did not anticipate. Map the whole sequence before the first transfer, not each step as it arrives.

Confirm before you rely on this. RETT was introduced by Royal Order and its law and implementing regulations have since been developed, including on exemptions, valuation and look-through to entity disposals. Confirm the current position with ZATCA before acting. Chartered Advisory prepares and supports; a licensed professional signs where the law requires it.

Sources

This guide is written against the official and clearly labelled professional references below. Rates, thresholds and portal procedures change between reviews, so open the primary source before relying on a figure.

Questions people also ask

Is real estate transaction tax the same as VAT?

No. RETT replaced VAT on most real estate disposals, so a transaction generally attracts one or the other rather than both. It is charged at 5 per cent of the transaction value and is a separate regime with its own registration, exemptions and procedure. Treating a property disposal as an ordinary VAT-able supply is a common and expensive misreading.

Who pays it, the buyer or the seller?

The charge attaches to the disposal and in practice is settled as part of the transfer process before notarisation. Which party bears it commercially is a matter for the contract, but the transaction cannot complete without it being dealt with, so it needs to be priced into the deal rather than discovered at the notary.

Are there exemptions?

Yes, and they are specific rather than general. Categories such as inheritance, certain gifts between close relatives, transfers into and out of particular corporate structures, and some contributions in kind can fall outside the charge or qualify for relief, each on its own conditions. Exemptions must be claimed and evidenced through the ZATCA process, not assumed at the counter.

Does it apply to shares in a property-owning company?

It can. Regimes of this kind commonly look through to disposals of interests in entities whose value derives from real estate, precisely to prevent the charge being avoided by selling the company rather than the asset. Check the specific structure before assuming a share sale sits outside the charge.

What is the process before completion?

The transaction is registered with ZATCA and the RETT position dealt with before notarisation, with the notary requiring evidence that it has been. Because that step gates completion, leaving it to the closing day is how transactions slip — build it into the timetable alongside valuation and due diligence.

Scope note: General educational information for Pakistan, not a legal opinion or a substitute for advice based on your documents. Law, notifications, portal procedures and individual facts can change the result.
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