This rule establishes the obligation for all ministries, public and private entities, companies, and natural persons to notify the Tax Department of any contracts, agreements, or commercial transactions with a foreign Incorporated Body. The notification must contain detailed information about the foreign entity, including its name, address, nationality, and role in the contract. It also specifies the requirement to submit contract details like number, value, and duration. For non-resident Incorporated Bodies, a 5% retention is mandated, and a copy of the contract must be provided.
Executive Rule No. 5 Concerning notification of any contracts, agreements or transactions with the Incorporated Body.
First: All ministries, organizations, bodies, public institutions, private companies, societies, entities or any natural person shall notify the Tax Department of any contracts, agreements or any commercial, industrial or consultancy deals or any activities giving rise to the stance of performing business for these bodies by a foreign Incorporated Body, represented by a main contractor, subcontractor, provider or foreign partner with a Kuwait company or beneficiary in any form.
Second: The notification shall contain the basic information of the foreign Incorporated Body which has been contracted, agreed or dealt with and this will include the following:
Name of the Incorporated Body;
The address of the foreign Incorporated Body inside and outside the State of Kuwait;
Nationality of the Incorporated Body;
The capacity of the Incorporated Body in the contract (main contractor, subcontractor, partner, provider, beneficiary);
Nature of contract or activity;
Contract number and value;
Date and duration of the contract and
Tax card number and date of issue, if any for Incorporated Bodies resident in Kuwait. For Incorporated Bodies that have activities but with no presence in Kuwait, 5% shall be retained and Tax Department shall be notified as details become available.
Provide tax department with a copy of contract.
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