Exempt Person – Article 4 – Corporate Tax Law

Article 4 – Exempt Person

1. The following Persons shall be exempt from Corporate Tax:
   1. A Government Entity.
   2. A Government Controlled Entity.
   3. A Person engaged in an Extractive Business, that meets the conditions of Article 7 of this Decree-Law.
   4. A Person engaged in a Non-Extractive Natural Resource Business, that meets the conditions of Article 8 of this Decree-Law.
   5. A Qualifying Public Benefit Entity under Article 9 of this Decree-Law.
   6. A Qualifying Investment Fund under Article 10 of this Decree-Law.
   7. A public pension or social security fund, or a private pension or social security fund that is subject to regulatory oversight of the competent authority in the State and that meets any other conditions that may be prescribed by the Minister.
   8. A juridical person incorporated in the State that is wholly owned and controlled by an Exempt Person specified in paragraphs (a), (b), (f) and (g) of Clause 1 of this Article and conducts any of the following:
      1. Undertakes part or whole of the activity of the Exempt Person.
      2. Is engaged exclusively in holding assets or investing funds for the benefit of the Exempt Person.
      3. Only carries out activities that are ancillary to those carried out by the Exempt Person.
   9. Any other Person as may be determined in a decision issued by the Cabinet at the suggestion of the Minister.
2. A Person under paragraphs (a), (b), (c) and (d) of Clause 1 of this Article that is a Taxable Person insofar as it relates to any Business or Business Activity under Articles 5, 6, 7 or 8 of this Decree-Law, respectively, shall be treated as an Exempt Person for the purposes of Articles 26, 27, 38 and 40 of this Decree-Law.
3. Persons specified in paragraphs (f), (g), (h) and (i) of Clause 1 of this Article, as applicable, are required to apply to the Authority to be exempt from Corporate Tax in the form and manner and within the timeline prescribed by the Authority in this regard.
4. The exemption from Corporate Tax under paragraphs (f), (g), (h) and (i) of Clause 1 of this Article, as applicable, shall be effective from the beginning of the Tax Period specified in the application, or any other date determined by the Authority.
5. In the event that the Exempt Person failed to meet any of the conditions under the relevant provisions of this Decree-Law at any particular time during a Tax Period, such Person shall cease to be an Exempt Person for the purposes of this Decree-Law from the beginning of that Tax Period.
6. For the purposes of Clause 5 of this Article, the Minister may prescribe the conditions under which a Person may continue to be an Exempt Person, or cease to be an Exempt Person from a different date, in any of the following instances:
   1. Failure to meet the conditions is the result of the liquidation or termination of the Person.
   2. Failure to meet the conditions is of a temporary nature and will be promptly rectified, and appropriate procedures are in place to monitor the compliance with the relevant conditions of this Decree-Law.
   3. Any other instances as may be prescribed by the Minister.