In Kuwait, the filing frequency for Value Added Tax (VAT) and sales tax varies depending on the size and nature of the business. Understanding these requirements is crucial for compliance and effective
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As such, whilst tax is imposed only on the Kuwaiti-source income, a taxation liability can arise from activities not considered taxable in many jurisdictions. The source of income is considered to be in Kuwait if the place of performance of services is within Kuwait.
The Kuwait Tax Law does not have provisions that cover income from subscription services. Typically, the KTA takes a position on subscription services as being subject to tax irrespective of physical presence and treats them as royalty income or on a minimum 30% deemed profit margin. The net profit is subject to tax at 15%.
However, in practice, the KTA computes tax on the total income of the taxpayer and expects that 50% of such tax should be settled in Kuwait as such contracts are handled by the KTA in Kuwait on a case-by-case basis. Currently, VAT is not applicable in Kuwait.
Income tax liability in Kuwait applies exclusively to foreign companies conducting business within the state, in accordance with Income Tax Decree No. 3 of 1955 as amended by Law No. 2 of 2008. 8 Kuwait Tax Guide 2025
This 15% minimum effective tax rate aligns Kuwait with the OECD’s Pillar Two objectives. A 5% tax retention is required on payments made to foreign entities until a tax clearance certificate is provided by the Ministry of Finance. Beyond individual and corporate income taxes, Kuwait implements several other taxes and mandatory contributions.
There is no withholding tax (WHT) applicable in Kuwait. However, there is a tax retention regulation under which the contract owner/customer of a company is required to retain 5% on all payments to any beneficiary until a clearance letter is provided to release the retentions.
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