Classification of VAT Violations: A Simplified Guide to Understanding Updated Regulatory Treatments

This simplified guide has been issued by the Zakat, Tax and Customs Authority (ZTA) to clarify some of the treatments related to the application of the regulatory provisions in force at the time of its issuance. Its content shall not be considered an amendment to or infringement of any of the laws and regulations in force in the Kingdom of Saudi Arabia .
The Authority affirms its commitment to implementing the explanatory treatments contained in this guide whenever applicable, based on the relevant regulatory texts. Should any of the explanations or content contained in this guide be amended in a manner that does not conflict with an existing regulatory text, the amended explanatory treatment shall only apply to transactions that take place after the date of publication of the updated version of the guide on the Authority's official website
This guide has been prepared to clarify the decision of the Board of Directors of the Zakat, Tax and Customs Authority regarding amending the classification of violations related to value-added tax, including subsequent amending decisions .

In terms of classifying violations, all general violations begin with a warning to the violator, informing him of the nature of the committed violation, and granting him an appropriate period of time ranging between 30 and 60 days to correct the situation. This is with the exception of violations related to preventing or obstructing the Authority’s employees from performing their regular duties. In this case, the period granted does not exceed ten days from the date of imposing the last penalty. Successive penalties are imposed if the violation is repeated by the violator .

 

 

 

Violations and Penalties General Violations Tax According to the Provisions of Value Added Tax Value Added Tax   

Violation patrol

Any violation after the sixth time 

time

Sixth

time

Fifth

time

Fourth

time

Third

time

Second

time

First

Violation

M

30  days

50,000

40,000

30,000

20,000

15,000

10,000

alert

Failure of the taxable person to issue tax invoices in accordance with the provisions of the system and regulations. 

1

30  days

40,000

30,000

20,000

15,000

10,000

5,000

alert

Failure of the taxable person to issue a credit or debit notice, or provide it to the customer, in accordance with the provisions of the system and regulations.  

2

30  days

40,000

30,000

20,000

10,000

5,000

1,000

alert

Failure by the taxable person to include the required information in tax invoices or related credit and debit notes. A fine will be applied according to each field of the invoice or note.  

3

60  days

40,000

30,000

20,000

10,000

5,000

1,000

alert

Failure to maintain invoices, records and accounting documents in accordance with the controls and provisions stipulated in the provisions of the system and regulations. The fine shall be applied separately according to each of the provisions that were violated. 

4

10  days

40,000

30,000

20,000

10,000

5,000

1,000

alert

Preventing or obstructing the Authority’s employees from performing their duties and job responsibilities. 

5

60  days

40,000

30,000

20,000

10,000

5,000

1,000

alert

Incorrect calculation of tax due on invoices issued to the end consumer. 

6

60  days

40,000

30,000

20,000

10,000

5,000

1,000

alert

Violation of any provision of the system or regulations. 

7

Violations and penalties specifically related to the provisions of the Electronic Invoicing Regulations, which are an integral part of the Executive Regulations of the Value Added Tax.

30  days

50,000

40,000

30,000

20,000

15,000

10,000

alert

Failure to link all electronic invoicing systems used to issue electronic invoices or electronic notifications to the Authority’s systems - starting from the effective date specified for the requirement to link to the Authority’s systems - unless the person subject to the electronic invoicing regulations has evidence that the failure to link is due to a technical defect in the Authority’s systems.    

8

30  days

40,000

30,000

20,000

15,000

10,000

5,000

alert

Failure to commit to sharing electronic invoices or electronic notifications with the Authority in the required format and within the specified periods for their sharing with the Authority, and failure to inform the Authority through the means specified by it of any accidents, technical failures, or emergency matters that hinder the sharing process with the Authority’s systems - starting from the actual date specified for the requirement to connect to the Authority’s systems - unless the person subject to the electronic invoicing regulations has evidence that the failure to share is due to a technical defect in the Authority’s systems.       

9

30  days

40,000

30,000

20,000

15,000

10,000

5,000

alert

Failure of the person subject to the electronic invoicing regulations to issue electronic invoices or related electronic notifications required to be issued in accordance with the provisions of the electronic invoicing regulations within the statutory periods for their issuance, and failure to inform the Authority through the means specified by it of any accidents, technical failures, or emergency matters that hinder the process of issuing invoices or notifications, starting from the effective date of the electronic invoicing regulations. 

10

30  days

40,000

30,000

20,000

15,000

10,000

5,000

alert

Including any prohibited functions in the technical solution used to issue electronic invoices and electronic notifications, starting from the effective date of the Electronic Invoicing Regulations.

11

30  days

40,000

30,000

20,000

15,000

10,000

5,000

alert

Deleting electronic invoices or associated electronic notifications, or modifying them after they are issued, using the technical solution used to issue them, starting from the effective date of the Electronic Invoicing Regulations.

12

60  days

40,000

30,000

20,000

10,000

5,000

1,000

alert

Failure of the person subject to the electronic invoicing regulations to keep electronic invoices and electronic notifications in accordance with the storage format and mechanism stipulated in the electronic invoicing regulations and the time periods stipulated therein, starting from the effective date of the electronic invoicing regulations.

13

60  days

40,000

30,000

20,000

10,000

5,000

1,000

alert

Failure to notify the Authority, through the means specified by it, of any accidents, technical failures, or emergency matters that hinder the process of issuing electronic invoices or electronic notifications, in accordance with the time periods specified by the Authority, starting from the effective date of the Electronic Invoicing Regulations.

14

60  days

40,000

30,000

20,000

10,000

5,000

1,000

alert

Not including the QR code in the electronic invoice or electronic notification, starting from the effective date of the electronic invoicing regulation.

15

60  days

40,000

30,000

20,000

10,000

5,000

1,000

alert

Failure to include all data fields, requirements, and other details required in electronic invoices or electronic notifications shared with the Authority - starting from the effective date specified for the requirement to link to the Authority's systems.

16

60  days

40,000

30,000

20,000

10,000

5,000

1,000

alert

Failure to share electronic invoices or electronic notifications with customers in the required format - starting from the effective date specified for the requirement to link to the Authority’s systems.

17

60  days

40,000

30,000

20,000

10,000

5,000

1,000

alert

Violation of any provision of the Electronic Invoicing Regulations and the executive decisions related to invoicing issued by the Authority - according to the date of obligation associated with the provision that was violated - and the fine shall be applied separately according to each of the provisions that were violated.

18

 

 

The threshold for considering a violation as recurrent is that 12 months have not passed since the last time the violation was discovered. If the same violation is repeated after 12 months have passed from the decision to impose the penalty for the previous violations, it is considered a new violation and begins with a warning without a fine.

Reference: The Simplified Guide to Classifying General VAT Violations, Second Edition.