English text status

English translation published by the Legislation and Legal Opinion Commission. The Arabic text published in the Official Gazette remains the legal reference in the event of any discrepancy.

Practical summary

Government-entity Supplies are taxable when made in a non-sovereign capacity through an Economic Activity competing with the private sector. Prime Ministerial decisions identify the relevant entities, Supplies, returns and deregistration treatment.

Who should read this?

Government entities, their customers and businesses competing in the same activities.

Why does it matter?

A government supplier is not automatically taxable or outside scope. The nature and capacity of the activity and the applicable decisions must be checked.

Non-sovereign capacityPrivate-sector competitionPrime Ministerial decisions

Current text

Supplies made by government bodies shall be subject to Tax if they are operated in a non-sovereign manner through conducting an Economic Activity in accordance with competitive mechanisms with the private sector. A decision by the Prime Minister shall be issued specifying these Government Bodies, their Taxable Supplies, the nature of Tax declarations and their de-registration.

Review a government-entity Supply

  1. 1

    Identify the entity and Supply precisely.

  2. 2

    Determine whether the activity is sovereign or an Economic Activity carried out competitively.

  3. 3

    Check Decision No. (43) of 2018 and its amendments on the official decisions page.

  4. 4

    Confirm the contract, invoice and the customer's deduction position.

Connected provisions

Official guides and tools

Illustrative example by Madar

A sovereign fee or a competitive Service?

An amount charged for an exclusive governmental function differs from a commercial Service offered in competition with private businesses. The facts must be matched to the applicable decisions before invoicing.

Questions to help you apply it

  • Is the Supply sovereign or a competitive Economic Activity?
  • Is the entity or Supply covered by the current decision and amendments?
  • What is the impact on the invoice, the entity's Return and the customer's deduction?