business in KSA (Including tax, Insurance, Staffing,
Business operations) The law of the KSA is Shari'ah, drawn from the Holy Qur'an (the divine revelation to the Prophet Mohammed) and the Sunnah (a record of the sayings and actions of the Prophet Mohammed). Unlike other jurisdictions in the Muslim world where Shari'ah law is applied only in specific contexts (e.g., family law and inheritance), in the KSA, Shari'ah law is the law of the land in all cases, and other laws are enforceable only to the extent that doing so does not violate the precepts of Shari'ah. 1-Zakat and Income Tax Law Saudi Arabia operates a dual taxation system. "zakat," a wealth tax based on 2.5% of the total capital held by a person. Foreign entities, which include almost every company owned by non-GCC persons, are subject to the requirements of the "income tax" law. Non-KSA entities pay income tax on KSA income derived from KSA sources at a flat rate of 20%, as adjusted. KSA registered entities are required to also withhold payments to foreign entities for purposes of paying a withholding tax. Amounts of such withholdings include: management fees: 20% withholding tax royalties: 15% withholding tax rent/technical/consulting fees: 5% withholding tax 2-Employment Law Relations between employers and employees are governed primarily by the Labor Law which covers all aspects of employment relations, including employment contracts, wages and benefits, leaves, working hours and the termination of employment. There is also extensive regulation relating to the women in the workplace. Non-Saudi nationals may work in Saudi Arabia provided they have prior approval from the Ministry of Labor. Applicants must have an entry visa issued by the Saudi Embassy from the country of origin. Employers are required to secure work permits and residence permits ("Iqama") for foreign employees brought into the country within 90 days of the employee's arrival. Similar to other Gulf countries, Saudi Arabia has a sponsorship system, which means that expatriate workers can enter, work and leave the host country only with the permission or assistance of their sponsor. However, in Saudi Arabia, the sponsorship system extends to a number of other services and routine activities, with requirements often arising for presentation of a letter of support from a sponsor before an expatriate will be permitted to lease a residence, open a bank account, rent a vehicle, or perform many other types of common transactions. The KSA government has long implemented various "Saudization" policies intended to encourage employers to hire Saudi nationals in preference to foreign expatriates. A system called "Nitaqat" also exists, by which employers are penalised if they fail to achieve the Saudization targets that apply to them. 3-Insurance Under the new regime only Saudi-registered companies which are incorporated by Royal Decree as public joint stock companies, with a minimum paid-up capital of US$26.66 million for primary insurers and US$53.33 million for reinsurers, may provide insurance cover in the Kingdom. The regulator is the Saudi Arabian Monetary Agency (SAMA), which has been given wide-ranging powers, including the licensing of insurance companies and insurance professionals, and policing and control of the Saudi insurance market. Insurers must be licensed by SAMA to write specific classes of business, which are broadly grouped as general insurance (including accident, liability, motor, property, marine, aviation, energy and engineering), health insurance, and saving and life insurance, or for two or more of these. 4-Business operations Small business owners make a wide variety of legal and financial decisions in their day-to-day operations, including the management of small business insurance costs and identifying their target markets. The following resources will help you get up to speed with marketing, advertising, extending credit, e-commerce, the use of technology in day-to-day operations, business insurance, negotiating leases, managing logistics (such as shipping and inventory), and other topics related to general business operations. Unless your business is run out of your home, you probably need to purchase or lease a space. The type of space you need will depend on a number of factors, including the type of business (office, factory, retail?), available cash flow for rent, and growth expectations. If you operate a retail business, then you'll want to locate near your customers. If you're not sure what your needs will be like in a few years, then you probably don't want to purchase a property. The types of property that can be located in a given area is governed by zoning laws. The five main types of building zones are: Residential (homes) Commercial (retail and/or offices) Industrial (manufacturing) Agricultural Recreational Having a Website for your company is no longer seen as an advantage, but rather a necessity for doing business, but if you plan on getting into e-commerce, you will need to pay attention to all relevant laws and make sure your customers' data is secure. Also, make sure your preferred URL (XYZ.com) is not already taken, since the Website will be important to your brand and you'll also want to avoid any copyright infringements.