Article commentary and official references

Tax computation

Article 46 — Substance-based income exclusion

Defines the payroll and tangible-asset carve-out and the transitional percentages that decline to steady-state rates.

Short answer

Defines the payroll and tangible-asset carve-out and the transitional percentages that decline to steady-state rates.

What should you do now?Use the percentage for the fiscal year's start, not the filing year, and calculate payroll and assets separately.

Provision in brief

What does the official Article provide?

The official source is Arabic. This English commentary is explanatory and is not presented as an official translation.

Defines the payroll and tangible-asset carve-out and the transitional percentages that decline to steady-state rates.

This is a verified summary rather than a verbatim reproduction. Consult the official Arabic text, the Law and later decisions before making a final determination.

Madar explanation

What does the Article mean in plain language?

The substance exclusion combines a percentage of eligible payroll with a percentage of eligible tangible-asset value. Rates depend on the Fiscal Year's starting year: 9.4% and 7.4% respectively for years starting in 2026, declining under the schedule to 5% each from 2033. Establish eligibility under Articles 47 and 48 first. The exclusion affects excess profit under the Law, rather than reducing the effective tax rate.

Who should read this?

Tax, accounting and financial-modelling teams responsible for the final computation.

Practical action

Use the percentage for the fiscal year's start, not the filing year, and calculate payroll and assets separately.

Illustrative Madar example

How can the rule appear in practice?

For a fiscal year beginning in 2025, the prescribed transitional percentages apply; the final 5% rate does not apply automatically.

This illustration is not an NBR case or a binding outcome for a particular fact pattern.
Common mistake to avoid

Using filing-year rates instead of the Fiscal Year's starting year or including all payroll and assets.

Legislative connection

Related Articles

Limits of the commentary

Before relying on the result

Is this Article enough on its own?

Usually not. Read it with the connected Law Article, definitions, any effective election and current NBR guidance, especially for an amount or deadline.

Does NBR guidance replace the Regulations?

No. Guidance explains application and supports procedures and examples, but current legislation and decisions prevail in case of inconsistency.

References

Official sources