English text status

English translation published by the NBR in its bilingual Regulations file (marked unofficial). The Arabic text published in the Official Gazette remains the legal reference in the event of any discrepancy.

Practical summary

For a pre-commencement contract whose Consideration excluded Tax, Law Article 76 treats that Consideration as Tax-inclusive. Tax is extracted as Consideration × Tax rate ÷ (100% + Tax rate).

Who should read this?

Teams reviewing contracts signed before 1 January 2019 and performed after launch.

Why does it matter?

The Article prevents simply adding Tax above Consideration where the transitional rule deems it inclusive. First prove contract timing, Article 76 scope and the rate applicable when the historical Supply occurred.

Pre-commencement contractConsideration deemed inclusiveExtract Tax internally

Current text

For the purposes of applying Article 76 of the Law, the Consideration shall be considered inclusive of Tax, and Tax shall be calculated according to the following ( formula: Tax = Consideration x (Tax rate)/(100% + Tax rate)

Apply the transition formula

  1. 1

    Evidence contract before commencement.

  2. 2

    Confirm Article 76 applies.

  3. 3

    Identify covered Consideration.

  4. 4

    Use the rate applicable at historical Supply time.

  5. 5

    Extract Tax rather than add it twice.

  6. 6

    Document net and Tax.

Connected provisions

Official guides and tools

Connected Madar tools

Illustrative example by Madar

BHD 1,050 at a 5% rate

If the transitional rule applies to BHD 1,050 and the applicable historical rate is 5%, extracted Tax is 1,050 × 5 ÷ 105 = BHD 50 and net Consideration is BHD 1,000. Another BHD 50 is not added above BHD 1,050.

Questions to help you apply it

  • Contract date?
  • Article 76 applies?
  • Covered Consideration?
  • Historical applicable rate?
  • Tax extracted or duplicated?