DOING BUSINESS IN QATAR - PWC
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Contents Disclaimer Issued by HSBC Bank Middle East Limited, P.O. Box 57, Doha, Qatar (the Bank), a member of Executive summary 4 the HSBC Group of companies. Regulated by the Jersey Financial Foreword 6 Services Commission. Licensed and regulated by the Qatar Central Bank. Introduction – Doing business in Qatar 8 This document is not intended as Conducting business in Qatar 14 an offer or solicitation for business to anyone in any jurisdiction. It Taxation in Qatar 20 is not intended for distribution to anyone located in or resident Audit and accountancy 24 in jurisdictions which restrict the distribution of this document. It Human Resources and Employment Law 26 shall not be copied, reproduced, transmitted or further distributed Trade 28 by any recipient. Banking in Qatar 29 The information contained in this document is of a general HSBC in Qatar 30 nature only. It is not meant to be comprehensive and does not Country overview 32 constitute financial, legal, tax or other professional advice. You Contacts 34 should not act upon the information contained in this publication without obtaining specific professional advice. This document is produced by the Bank together with PricewaterhouseCoopers (‘PwC’). Whilst every care has been taken in preparing this document, neither the Bank nor PwC makes any guarantee, representation or warranty (express or implied) as to its accuracy or completeness, and under no circumstances will the Bank or PwC be liable for any loss caused by reliance on any opinion or statement made in this document. Except as specifically indicated, the expressions of opinion are those of the Bank and/ or PwC only and are subject to change without notice. The materials contained in this publication were assembled in December 2012 and were based on the law enforceable and information available at that time.
Executive summary • Qatar has one of the • A new tax law has been 3. Commercialregistration fastest-growing economies introduced, the main requirements. in the world. provisions of which are a corporate income tax 4. Taxation – the corporate • In April 2011 HH Sheikh of 10% and the introduction income tax rate is 10%. Hamad bin Khalifa Al-Thani of withholding taxes. and the Heir Apparent, Sheikh (Different tax rules apply 5. Recruitmentrequirements Tamim bin Hamad bin Khalifa in the QFC and the QSTP). and processes/visas. Al-Thani launched the National Development Strategy 2011- • There is an audit requirement 6. There are no income taxes 2016. The strategy will for most companies in Qatar. for expatriate employees. pave the way for Qatar’s Financial reporting is based economic, social, cultural on IFRS. 7. Property restrictions. and environmental development, leading to an • Qatar is a member of the Gulf 8. The local culture and customs. even more prosperous Qatar Co-operation Council along and setting the pace for future with Kuwait, Bahrain, Saudi 9. Theclose links between national strategies to come. Arabia, Oman and the UAE. Qatar and the other Gulf Co-operation Council (GCC) • It is an exciting time to do • Qatar is a small country but countries. business in Qatar due to has a growing population and the opportunities created has many cash-rich individuals 10. Themassive infrastructure by massive public and and companies. developments that will private investment in be made in the lead up non-hydrocarbon sectors. to the FIFA World Cup 10 key points for foreign 2022 and significant • There are a variety of corporate investors to consider: investments in downstream structures available for oil and gas industries. investors setting up business 1. Robust Foreign in Qatar, including establishing Investment policies. a corporate entity in the Qatar Financial Centre (QFC) 2. The appropriate business or in the Qatar Science structure for their activities. & Technology Park (QSTP). 4
Foreword Qatar has achieved A country with the third-largest Abdul Hakeem Mostafawi unprecedented economic proven Natural Gas reserves Chief Executive Officer growth, outpacing regional in the world, Qatar is investing HSBC Bank Middle East Limited and other global emerging in its potential and future. Qatar markets including the BRIC Under the visionary leadership countries. It is well-known of HH Sheikh Hamad bin as one of the richest countries Khalifa Al Thani and his consort, in the world with an average HH. Sheikha Moza bint GDP per capita income Nasser, the developments in excess of US$75,000 in the health sector, education, per annum. infrastructure, science and technology have impacted Qatar is one of the few the progress and growth countries in the world that remarkably. weathered the global financial storm of 2008 with great At HSBC, we are ideally success and received an positioned to help corporates upgraded sovereign rating and individuals with cross- to AA by S&P in 2010. The border banking needs. Our projected boost in budget global connectivity extends spending of 25% for the to 87 countries and territories fiscal year 2010-2011 resulted around the world. Our in higher outlay for major extensive local knowledge infrastructure projects as combined with global well as investments in the expertise can help corporates education and health sectors. and individuals in achieving The announcement that their goals. Qatar will be host to the FIFA World Cup 2022 has renewed HSBC has three branches in confidence in strong economic Qatar. A complete financial growth for the country over service provider that offers the next decade. the best in corporate and personal financial services worldwide, HSBC is the preferred partner for the internationally- minded customer. 6
Introduction Doing business in Qatar Economic environment from 2002 was accompanied Fig. 2. Inflation, end of year consumer prices (%) by relatively high inflation 20 Qatar has one of the fastest- which reached a peak of over growing economies in the 15% in 2008. However, in the 15 Year end inflation rate (%) world. The real terms GDP following year the slowdown of Qatar increased by 17% in growth and a fall in property 10 in 2010 and by 19% in 2011 prices (due to a combination according to the IMF’s World of a decline in demand and an 5 Economic Outlook (WEO) of increase in supply) contributed April 2012. Oil and gas remains to deflation. Inflation for future 0 the most significant sector periods is expected to average and in 2010 Qatar became 4% per annum. -5 the world’s largest liquefied natural gas (LNG) producer. -10 Fig. 1. Gross Domestic Product at Constant Prices, 2000-2009 01 08 00 09 02 03 However, there has also been 04 06 05 07 20 20 20 20 20 20 20 20 20 20 increasing investment in other 500 Inflation Qatari Riyals billions (2004 prices) sectors such as financial 450 services, health and education. 400 Source: IMF, World Economic Outlook Database 350 Qatar now has amongst the 300 highest GDP per capita in the Diversification of Economy and WTA tennis tournaments world. According to the WEO 250 and a European PGA Tour golf database, the GDP per capita in 200 In recent years the event. In January 2011, Qatar Qatar in 2011 was US$98,330. 150 Government’s economic policy hosted the AFC Asian Cup The GDP based on purchasing- 100 has focused on developing at which the best international power-parity per capita, which 50 Qatar’s non-associated natural football teams from Asia takes into account relative gas reserves and increasing competed. The most significant 0 costs of goods and services in private and foreign investment development came in early 00 09 01 03 02 04 10 13 15 12 14 07 08 11 06 05 countries, was US$102,943. in non-energy sectors such December 2010 when FIFA 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 20 GDP in constant prices GDP forecast in constant prices as financial services, health, announced that Qatar had Economic growth is set education, sport and business- been chosen to host the 2022 Source: IMF, World Economic Outlook Database to continue with the WEO related tourism. It has set Football World Cup. forecasting increases in GDP up the Qatar Financial Centre from 2012-2017. The actual (on which more details are Qatar’s first National and forecast real GDP growth provided below) to attract Development Strategy (NDS), figures from 2006-2017 financial services entities 2011-2016 was launched in are shown in figure 1. to locate in Qatar. It has also April 2011 that will identify promoted Qatar as a high- priorities and direction for The award of the 2022 FIFA end tourist destination through Qatar, serving the broader World Cup to Qatar has brought investment in infrastructure ambitions of the Qatar National forward planned long-term and through staging high- Vision 2030 through specific infrastructure development profile sporting events. Qatar set actions and targets. The and will lead to many additional hosted the Asian Games in government plans more than large investment projects. December 2006 and it hosts US$65 billion in infrastructure The rapid economic growth annual events such as ATP spending through 2016. 8
Under the umbrella of the Qatar Business environment efficiently. QE went into a • An extensive and increasing Qatar Investment Authority Foundation large investments partnership with NYSE in 2010 range of air links to international (QIA) has also opened have been made into education In the World Bank’s report whereby NYSE obtained a 20% destinations through Qatar opportunities through acquiring (Education City), science and ‘Doing Business 2012’, which stake in QE. This enables QE Airways. significant stakes in companies technology (QSTP), Qatar covers the period from June to provide a world-class trading such as Volkswagen/Porsche, Computing Research Institute 2010 through May 2011, Qatar platform for its investors. • The opportunity for foreign Hochtief and Harrods. QIA (QCRI), Qatar National Research is ranked 36th (out of 183 investors to have 100% has state-backed investment Fund (QNRF) and health economies) for ease of doing Population and workforce ownership of companies clout that will continue to grow (Sidra research hospital). business. Starting a business (in the Qatar Financial Centre, opportunities in the future. in Qatar now also requires the Qatar’s population has more in the Qatar Science and Why it is a good place registration for taxes as well than doubled in the last eight Technology Park and for Barriers, risks or downsides to do business as obtaining a company seal. years, increasing from 744,029 certain specific industries if they for foreign investors These new procedures were in 2004 to 1,759,227 as of are outside the specified zones). The continued growth in the introduced in 2010. 31 January 2012 according to The most significant barriers or economy, together with the the Qatar Statistics Authority • No income tax on salaried risks for foreign investors are: investment by the government A study from the World Bank, (QSA). This increase has largely employees. as part of its efforts to diversify PwC and IFC titled ‘Paying come through immigration • The requirement that Qataris the economy, mean that Taxes 2011’ ranked Qatar of expatriate workers and • Relatively few restrictions hold 51% or more of the there will be many business second in the world for ease it remains a relatively easy on recruitment of staff capital in companies established opportunities in Qatar in future of paying taxes. This was based location to which overseas from overseas. in Qatar. (There are various years. Whilst governments on the cost of taxes and the employees can relocate. exceptions to this which are and major private sector bodies administrative burden of tax • No foreign exchange controls outlined in the next section, are seeking to cut back on compliance for a medium-size Incentives for or restrictions on the remittance ‘Conducting business in Qatar.’); expenditure in other parts case study company in 2009. foreign investors of funds overseas. of the world, in Qatar there • Qatar has a relatively new are large ongoing investment Qatar also has relatively low Qatar has many positive • A low corporate income tax intellectual property (IP) regime; projects, with more on the way. levels of corruption amongst features to attract foreign rate of 10%. Qatar also has many cash-rich public officials – in Transparency investors: • Prices in the rental market in individuals and firms looking for International’s 2011 Corruption In 2010, FDI inflows in Qatar Qatar are high compared to projects to invest in overseas. Perceptions Index, Qatar scored • Well-equipped and resourced fell by 32 per cent as the last other countries in the region; 7.2 out of 10 on a scale where hospitals and medical facilities. of four LNG Qatargas plants, The awarding of the 2022 10 was ‘highly clean’ and 1 was that had bolstered FDI in • The Qatari Riyal is pegged to football World Cup to Qatar ‘highly corrupt.’ This meant it • International Schools providing 2009, was completed. Qatar the US Dollar at an exchange accelerated and extended was ranked 22nd out of 182 the British, American and remains the second-largest rate of US$ = QR3.64; investment plans. Qatar is countries. Arabic is the official French Curricula as well as recipient country of foreign expected to spend up to language of Qatar, but English International Baccalaureate. direct investment in the region. US$150bn on infrastructure is widely spoken, particularly in projects over the next 5-6 business circles. • Access to international The presence of large years. These major projects universities (Texas A and M, international companies such include the New Doha Qatar Exchange, regulated by Carnegie Mellon, Georgetown as Exxon, Total, Shell, IBM and International Airport, New Qatar Financial Market Authority, University, VCU-Q, Weill Cornell, many more is a clear indication Doha Port, Qatar Railways supports Qatar’s economy North-Western University) for of the benefits of setting up Project, Lusail, and the by giving investors a platform expatriate students. operations in Qatar. Qatar-Bahrain Causeway. through which they can trade • A strong telecommunications sector. 10
• Expatriate employees may show that the countries relationship with your take some time to adjust that Qatar imported from business contacts and to living in Qatar. Whilst the most were the USA deliver on any promises English is widely spoken, (11.8% of all imports), China you make as it is still a the language of government (9.0%) and Japan (7.5%). relatively small place, so remains Arabic. Qatar is a your business reputation Muslim country so the brewing • Qatar has a sovereign wealth is of key importance. of alcohol is prohibited and fund, Qatar Investment the importation and sale of Authority (QIA), which is it is strictly regulated, as is seeking to invest in a range of the importation and sale of sectors throughout the world. pork products. There are also restrictions on the importation • The UNCTAD World and use of narcotics and on Investment Report 2011 the possession of materials showed that Foreign Direct considered obscene. Investment (FDI) in Qatar in 2010 totalled US$5.5 billion. Key markets and trade Business etiquette • Qatar is heavily dependent on imports but is a net exporter of Great emphasis is placed on goods and services due to its networking and exchanging oil and gas reserves. business cards (giving and In 2010, the total value of receiving them with your imports to Qatar was US$21 right hand) is important. billion whereas the total value Punctuality at meetings is of exports from Qatar was expected. The dress code US$75 billion. Hydrocarbon is suits for men, and ladies exports (crude oil, LNG should cover elbows and (Liquefied Natural Gas) and knees. Handshaking when associated products) accounted meeting business contacts for over 85% of this total. is common but when According to the QSA, the meeting Arab people of the largest export markets for opposite sex it is courteous Qatar in 2010 were Japan to wait for them to initiate a (29.4% of total exports), handshake, as they do not South Korea (16.5%), and always wish to do so. India (8.7%). The import In Qatar it is important figures from QSA for 2010 to maintain an ongoing 12
Conducting business in Qatar Forms of business The Foreign Investment Law services, distribution services, options available for a foreign 2000 provides that the Ministry exploitation and development investor wishing to conduct of Finance, Economy and Trade of natural resources, energy or business in Qatar are as follows: may authorise foreign investors mining sectors; and to own 100% of a company’s 1. Incorporate a local entity under capital where: • The project is compatible with the Commercial Companies Qatar’s development plan. Law (Law No.5 of 2002) • The entity operates in the as amended by Law No.16 agriculture industry, healthcare, The authorisation is not of 2006. Details of the types education industry, tourism, IT, automatic, being given on a of entities are shown in the technical consultations, cultural, case-by-case basis. Where the table below: sport and entertainment authorisation is not granted, the Type of Foreign ownership Minimum capital Description limit Company (unless otherwise approved) requirement Simple Limited Formed by two or more natural 49% of capital N/A Partnership persons who are personally and jointly responsible for the liabilities of the entity. General/Joint An entity formed by Joint Partners 49% of capital N/A Partnership (jointly and personally liable for the debts of the company) and Trustee Partners (shareholding partners whose liability is limited to the value of shares held in the capital). Limited An entity formed by one or more 49% of capital ≥ QR1 million, Partnership Joint Partners (personally liable for divided into shares with Shares the debts of the company) and four or of equal value that more Trustee Partners (shareholding are transferable partners whose liability is limited to and indivisible and the value of shares held in the capital). should be fully paid on incorporation Unincorporated An unincorporated entity. If any of the 49% of capital N/A Joint Venture partners of a JV are non-Qataris then (JV) the company will only be permitted to carry out business activities stipulated by law for non-Qataris. Table continued on page 16 14
The government of Qatar 3. Incorporate a local entity in the •S ervice licence – issued to Type of Foreign ownership Minimum capital Description established a financial centre, Qatar Science and Technology entities providing services to Company limit requirement the QFC, in 2005, mainly aimed Park (QSTP) QSTP tenants. The holder of Limited Liability Formed by at least two partners, 49% of capital ≥QR200,000 at regulated organisations this licence is not entitled to Company (LLC) whose liabilities are limited to the operating in the financial The QSTP is a location for any free-zone benefits. value of the shares held in the services sector. However, entities engaged in research company. The shares of an LLC are the QFC law permits certain and development activities. 4. Establish a branch other non-regulated activities It was established to provide not freely transferable. to be carried out such as a home for technology-based A foreign entity engaged in Public Capital is divided into shares of ≥QR10 million acting as a holding company companies from around a project in Qatar is permitted Shareholding equal value. Should have a minimum or providing group treasury the world and to generate to establish a branch. A branch Company of five shareholders. The liability of functions. Entities can be opportunities for Qatar’s usually exists only for the based at premises anywhere in scientists and entrepreneurs. duration of the associated shareholders is limited to the nominal Qatar (provided those premises project or contract and ceases value of the shares to which are approved by QFC). QFC The QSTP is a ‘free zone’ to exist once the relevant they subscribe. entities can conduct business meaning that QSTP entities project is completed. It is internationally and can be 100% are fully exempt from Qatar sometimes possible to extend One Person A company in which every economic N/A ≥QR200,000 foreign owned. Full repatriation tax in respect to their licensed the duration of the branch Company activity and its full share capital is held of profits and capital is activities, can have 100% to accommodate further by one natural or corporate person. permitted for QFC entities. foreign ownership and can contracts, but this requires the trade directly in Qatar without a further approval of the relevant Holding A joint stock, limited liability or one Depends ≥QR10 million Permitted activities in local agent. Another benefit is ministry and this process can Company person company financially and the QFC are: that the rent of the premises in sometimes prove difficult. administratively controlling one or the QSTP are subsidised. A branch is therefore not more other companies by holding •R egulated activities – activities usually an appropriate structure at least 51% of the shares of undertaken by financial firms QSTP entities must be for a business model envisaging such companies. (such as investment and retail physically located in the QSTP activity over a number of years banks, insurance companies, and can only perform activities and contracts. fund and wealth management specified in their licence. There firms, brokerage offices are three types of licence: 5. Establish a Representative Limited Liability otherwise specifically approved. should reflect the contribution and securities operations). Trade Office (RTO) Company (LLC) Such an approval is only granted of the respective parties in Pre-authorisation by the QFC •S tandard licence – issued to projects that are strategically operating the business and Regulatory Authority is required to entities that incorporate A ministerial decision in 2006 The LLC is the type of company significant to Qatar. reflect a ‘real partnership’. for these. in the free zone as a QSTP allowed foreign entities to set most commonly chosen by In some cases this could LLC or register as a branch up RTOs in Qatar with 100% foreign investors. However, Although the foreign mean that the profit allocation •N on-regulated activities – office. The QSTP LLC must foreign ownership. a LLC may not engage in the shareholding in a LLC is to foreign shareholders is in activities in support of have at least two shareholders business of insurance, banking, restricted, the profit share excess of 90%. A foreign financial firms (e.g. services and a minimum capital of A RTO is essentially a structure or in the investment of funds. attributed to the foreign shareholder is also permitted by accounting, audit and QR200,000. Entities with the to establish a ‘shop window’ shareholding may be in to appoint the management legal firms). No QFC standard licence are entitled in Qatar – a RTO of a foreign LLC requires by law the A excess of the legal shareholding. and have control of the LLC. Regulatory Authority to all free-zone benefits; company is not allowed to participation of one or more There is no official guidance authorisation is required. undertake contractual business Qatari nationals (either on the maximum percentage 2. Incorporate a local entity •R estricted licence – issued to in Qatar but it can be used to individuals or body corporate) share which a foreign with the Qatar Financial An outline of the QFC tax entities that do not qualify for market services and products with the foreign shareholding shareholder can receive, Centre (QFC) regime is provided in the the standard licence. Entities in Qatar. restricted to 49% unless however, the agreed share corporate tax section below. with this licence have limited 16 free-zone benefits; and
Setting up a business such as shareholders, corporate authorisation by the Regulatory may receive approval to set registration documents are Authority to conduct up a branch in the absence The Commercial Registration required. Provided these Regulated Activities. of any government or requirements for each of matters are resolved promptly, quasi-government contract. the business structures are it is usually possible to set up The Regulatory Authority as follows: a LLC in approximately aims to process all applications Such approvals will typically 4-6 weeks. within three months of receipt take approximately 4-6 weeks 1. Incorporate a local entity of the completed form. to obtain, provided all the under the Commercial 2. Qatar Financial Centre (QFC) required documents have Companies Law (Law 3. QSTP been submitted to the Ministry. No.5 of 2002) e.g. LLC Provided an entity is carrying out a permitted QFC activity, The process to set up in the 5. Representative Trade office he requirements that must T the process to set up in the QSTP and the compliance (RTO) be met when setting up a QFC is either: requirements are as follows: LLC include: A company wishing to • Complete and submit QFC •A pplicants should submit a establish an RTO must seek •A LLC must have a minimum form Q01 ’Application for description of their business permission from the Ministry share capital of QR200,000; a Licence to Conduct Non- and research plans to the of Business and Trade. Regulated Activities’ to the QSTP to demonstrate that •T he appointment of directors QFC Regulatory Authority. the majority of their activities must be registered in the The completion and submission will be dedicated to research commercial registry. A decision of this form will also cover the and development; to remove a director or confine application to the Companies their powers is only enforceable Registration Office (CRO) to • If QSTP grants approval then against third parties when that establish a legal presence in the applicant can either apply decision is published in the the QFC by incorporating as an to incorporate or to register commercial registry; and LLC or an LLP, or by registering as a branch office; a branch office; or •L LC’s directors are not •A pplicant applies for a required to be Qatari • Complete and submit form licence and completes nationals or resident in Qatar. Q02 ‘Application for a lease agreement; and Authorisation to Conduct The time taken to set up Regulated Activities’ to the •A nnual financial and activity a LLC is dependent upon QFC Regulatory Authority. reports must be submitted the time taken to find an The entity will be required to the QSTP. appropriate Qatari partner, to provide details including agree the commercial a description of the proposed 4. Branch arrangements with that partner, business, financial information and reflect the arrangements about the firm, and information The establishment of a agreed in the incorporation on the firm’s IT systems. The branch by a foreign entity documents of the LLC. This information provided will be requires ministerial approval may take some time as the used by the CRO to establish and usually strictly requires incorporation documents are the applicant as a LLC, LLP or the awarding of a contract drafted in both English and a branch office, and will cover with a governmental or quasi- Arabic. In addition, official Arabic the licensing of the applicant governmental entity. However, translations of key documents, to operate in the QFC and the in practice, foreign entities 18
Taxation in Qatar Corporation Income Tax A new corporate tax regime that is wholly owned by Qatari • Income from real estate • Bad debts approved by the • The Qatar tax year is generally was introduced with effect from nationals resident in Qatar. situated in Qatar, including tax authorities in accordance the same as the calendar year, 1 January 2010 (Law No.21 Law No.19 of 1989 provided income from the sale of with the criteria set out in although advance approval of the year 2009 issuing the that nationals of Gulf Co- shares of companies with the tax law; may be sought from the Income Tax Law). operation Council States were assets consisting mainly of Qatar tax authorities to use to be treated as Qatari citizens real estate situated in Qatar; • Donations, gift aid and a company’s accounting year The key points of this regime for income tax purposes. subscriptions to charitable, end. A corporate income tax are as follows: Therefore, foreign companies • Interest arising in Qatar humanitarian, scientific, cultural return must be submitted wholly owned by GCC nationals (other than received by or sporting bodies paid in Qatar within four months from the • There is a flat rate of corporate resident in Qatar are not natural persons); and to government authorities or date of a company’s tax filing income tax of 10% on taxable subject to income tax in Qatar. public bodies, provided the period (i.e. by 30 April following profits. Taxable profits are • Bank interest arising outside value does not exceed 5% a 31 December year end). If defined as profits arising The tax rates and regulations Qatar, provided that it results of net profit in the year in which the company’s capital or profit out of a taxable entity’s activity provided for oil operations from the taxpayer’s activity the deduction is claimed; and exceeds QR100,000, or the in Qatar. are governed by Law No.3 in Qatar. head office is situated outside of the year 2007. This means • A branch’s share of head Qatar, then the tax return must • Introduction of that oil operations must pay Chargeable gains on the office expenses up to a limit be accompanied by audited withholding taxes. tax at 35%. sale of capital assets are of 3% (1% for banks) of the financial statements; taxed as ordinary income. total revenue less certain In Qatar, corporate income Under the old tax regime there other costs. • Tax liability is payable on tax is levied on a source was no withholding tax and Deductions the same day as the tax basis. Therefore, a corporate there was a sliding scale of A deduction is usually Losses return is filed; body is potentially subject to corporate income tax rates with available for expenses that Losses can be carried forward corporate income tax if it has a maximum rate of 35% of are incurred in generating for three years after the year • The penalty for late filing of a Permanent Establishment taxable income over QR5 million. Qatar source revenue and in which they were incurred. the return is QR100 per day (PE) in Qatar or if it otherwise These rates of tax still apply for that are considered ordinary Losses cannot be carried back. up to a maximum of QR36,000 derives profits from an agreements that were concluded rather than ‘capital’ in and the penalty for failure to activity or assets in Qatar. before the entry into force of the nature. Specific items of Tax administration enclose accounts with the The definition of a PE used Law No.21 of 2009 and to which deductible expenditure The tax compliance deadlines return is QR15,000; and in the New Tax Law is that of governmental or public bodies include the following: and penalties are as follows: the OECD i.e. ‘a fixed place of were a party. See also our further • The penalty for late payment business through which the comments below on withholding • Interest on loans attributable to • Taxpayers are required to of income tax is 1.5% of tax business of a taxpayer is wholly taxes and retention payments. the taxpayer’s Qatari activities; register with the Public due per month (or part of a or partly carried on, for instance Revenues and Taxes month) that the payment a branch, office factory, Income determination • Employee costs (including Department (PRTD) within is delayed. workshop, mine, oil or gas well Examples of Qatar source salaries, wages, gratuities, and 30 days of the earlier of etc.’ Withholding tax is charged income include: other end-of-service benefits); commencement of taxable Even if an entity has been on payments from a Qatar activity or receipt of taxable granted an exemption from resident entity to a non-resident • Income derived from an activity • Tax depreciation of fixed assets. income. The penalty for failing Qatar tax, it will be required entity which does not have a PE carried on in Qatar; Tax depreciation is calculated in to do this is QR5,000; to submit a tax return. in Qatar. accordance with rates specified • Income derived from contracts by the Qatar tax law and • Taxpayers are also required to No corporate income tax is wholly or partially performed regulations; submit an application to PRTD levied on a corporate entity in Qatar; for a tax card within 30 days of • Losses resulting from the commencement of the activity; sale of assets; 20
Personal Income Tax Withholding taxes with work performed in Qatar. in, or are derived from, Qatar. •T here are special rules for There are no taxes imposed Withholding tax was introduced The new tax law continues There was a tax holiday in QFC entities authorised to on employed individuals’ in Qatar for the first time on the retention system for place until 31 December 2009; conduct an Islamic finance salaries, wages and allowances 1 January 2010. Withholding tax entities that have a PE in Qatar. insurance business, QFC in Qatar. Employers have to is levied on certain payments The Ministry of Economy •1 00% foreign ownership entities with a reinsurance pay social insurance in respect made to non-residents in relation and Finance also issued of QFC entities is permitted; business and captive insurance of Qatari employees but have to royalties and technical services Circular 2/2011 in June companies. A concessionary no obligations for employees (the applicable rate is 5%) and on 2011 which outlines the •F ull repatriation of profits and rate of 0% applies to of other nationalities. interest, commissions, brokerage circumstances in which the capital (e.g. through dividends) reinsurance businesses fees, directors’ fees, attendance retention system applies is permitted; and captive insurance A self-employed individual may fees and any other payments for and how the recipient of the companies (the latter may be subject to income tax if he services carried out wholly or payment can secure payment • There is no withholding tax; elect to be charged at the derives Qatar source income. partly in Qatar (the applicable of the retained amounts. standard rate instead); rate is 7%). •T here are transfer pricing Sales tax/VAT Transfer Pricing rules dealing with transactions • A tax ruling procedure has The company that makes the An anti-avoidance provision between related parties. been introduced; There are currently no sales payment to its foreign supplier is was introduced by the new tax The QFC tax authority has the taxes or VAT imposed on required to withhold the tax and law, which gives the Qatar tax power to compute the profit • QFC entities are required operations in Qatar. There remit to the tax department the authorities very wide powers where transactions between to self-assess their tax liability have been discussions funds that were withheld by the to counteract transactions that related parties are not on an and file a tax return, together amongst the GCC countries sixteenth day of the following have been carried out with a arm’s length basis; with accounts and supporting about the possible introduction month. In the event that the tax avoidance purpose. These computations, within six of VAT but to date no plans company does not make a powers include substituting •P rovisions are in place for months of the end of the have been agreed. payment to the tax department, an arm’s-length value or QFC entities providing Islamic accounting period; and the company will be liable for a recharacterising transactions. financial services or entering Other taxes penalty equal to the amount of into Islamic finance transactions •T ax is due and payable six unpaid tax due, in addition to the Other tax regimes to ensure that the tax months and one day after the Customs duties are applied withholding tax. There are also two other tax treatment is comparable end of the accounting period. to goods with an origin outside regimes in operation in Qatar: to that afforded to non-Shar’iah the GCC countries, normally Qatar has a growing network compliant institutions and 2. Qatar Science and Technology at a rate of 5%, but sometimes of double tax treaties with 1. Qatar Financial Centre (QFC) conventional transactions; Park (QSTP) QSTP entities at higher rates for specific over 50 now in force. These The QFC tax law was enacted are fully exempt from Qatar types of goods, such as may provide an opportunity to in October 2010. The QFC •T he Qatar government, local corporate income tax in respect tobacco products. Temporary reduce withholding tax rates. tax law is being retroactively authorities, statutory bodies of their licensed activities and import exemptions are applied from 1 January 2010. and any QFC entity wholly can import goods and services sometimes available. Retention Payments Some of the key points of the owned by the Qatar government free of customs duties. Prior to the adoption of the new QFC tax regime are: or these authorities or bodies are However, QSTP entities are tax law, a retention system was exempt from tax in the QFC; still required to file tax returns. in place whereby certain final •Q FC entities are subject to contract amounts were required corporation tax on their local •A n election for special exempt to be retained from payments source profits at the rate of status is available for certain made by Qatari entities to 10%. ‘Local source profits’ vehicles including registered foreign entities in connection are defined as profits that arise funds and charities; 22
Audit and accountancy Audit requirement Reporting method of Financial Statements Limited Liability Companies (LLCs) are required under Financial reporting in Qatar Article number 119 of the is based on IFRS. There is Qatar Companies and no local GAAP. Commercial Law No.5 of 2002 to have their financial Companies mainly use Qatari statements audited. Riyals or US dollars as their reporting currency. Another There are no restrictions currency may be used by a on appointment of auditors; company if the currency meets however, listed companies the definition of functional are required to change or presentation currency auditors if the same auditors requirements under IAS 21. have been retained for five years (rotation requirement). The accounts of entities in the Qatar Financial Centre According to Article 248 of are expected to be prepared the Qatar Commercial and in accordance with IFRS, UK Companies Law No.5 of 2002, GAAP, US GAAP or standards LLCs should prepare annual issued by the Accounting financial statements within and Auditing Organisation for four months of the financial Islamic Financial Institutions. year end. Article 249 specifies that LLCs should send copies Public availability of these financial statements of accounts to the Ministry of Trade and Business within a month The accounts for listed of their preparation. There companies are publicly is no fee from the Ministry available. Those for unlisted for the filing of accounts. companies are not. There is a requirement under Maintenance of local Article 17 of the tax Law No.21 books and records of 2009 for an entity to submit audited financial statements to Local books must be maintained the Public Revenues and Taxes to comply with the requirements Department (PRTD) together of the Tax Law, but companies with its tax declaration if (i) the can apply to the Public Revenues profits or capital of the taxable and Taxes Department PRTD for entity exceeds QR 100,000; an exemption. Most companies or (ii) annual taxable income maintain books in English but exceeds QR 100,000; or (iii) in some local companies maintain the case of a branch, its head them in Arabic. The currency office is situated outside Qatar. used in the books is usually 24 Qatari Riyals or US dollars.
Human Resources and Employment Law Employment for most • Employers are allowed to employees in Qatar is governed impose a probationary period by Labour Law No. 14 of 2004 which must not exceed six and, for those employed by months. If the probation is QFC entities, by Regulation not successful, the company No.10 of 2006. Some of the must arrange the exit visa key components of the Labour of the employee, pay for Law are: their flight home and honour any benefits specified by • Employees must be sponsored the contract. by a company in order to work in Qatar. The employing company • Employees can work a usually makes all application maximum of 48 hours per arrangements for an entry visa week (36 hours per week and a residence visa on behalf during Ramadan). of its employees. Due to the volume of expats entering Qatar, • In the case of redundancy, the delays can incur in every step of employer must give the same the process which can cause a notice period of termination as delay in entering the country or is specified in the employee’s obtaining a residence permit. contract for an ordinary end of service. The employer must • The sponsoring company pay all outstanding wages by is legally responsible for close of business following the the actions of anyone last day of employment and under their sponsorship. they must honour all benefit and bonus gratuities. The • All employment contracts employer will also arrange the should be in writing and must redundant employee’s exit visa be attested by the Ministry of and pay for their flight home. Labour. By law an employee is entitled to paid annual leave and sick leave, a return flight home to his or her country at the completion of the contract, plus 21 calendar days gratuity for each year of service. 26
Banking in Trade Qatar The standard rate of Customs There is a large selection of Duty is 5% but there are local and international banks exemptions for certain items in Qatar. Several of the local and for goods manufactured banks are Islamic institutions. in GCC countries. Somebody Qatar National Bank is the wishing to import into Qatar largest commercial bank in is required to register in Qatar and is 50% owned by the Importers Register and the government. be approved by the Qatar Chamber of Commerce and The normal opening hours Industry. There are no customs of bank branches are duties on imports to the QSTP. 7.30am -1pm Sunday-Thursday but some branches operate There are no taxes on exports. longer hours. When setting up Qatar is a member of the World an account, employees need Trade Organisation (WTO) and to provide a letter from their is in the process of liberalising employer stating that they many of its trade policies. do not object to the setting up of the bank account, as well as provide a copy of their residence permit. The Qatar Development Bank, which is government owned, offers financing to small-and medium-sized industries. The banking sector is overseen by the Qatar Central Bank (QCB) which applies banking standards and regulations for the commercial banks. There are plans by four of the GCC countries (Qatar, Saudi Arabia, Oman and Bahrain) to establish a GCC central bank located in Saudi Arabia. In February 2011 the QCB asked conventional lenders to close down their Islamic banking operations. The order was effective immediately but the QCB gave lenders a grace period until 31 December 2011 to close down the operations. 28
HSBC in Qatar Who we are Historical Milestones Network the third consecutive year and new products, processes and reached over 700 students. technologies and establish HSBC The year 2012 marks HSBC’s 1954 – As one of the first foreign HSBC Qatar has three branches. as a leader in environmental 58th year in Qatar. With an banks locally incorporated in Qatar, • With the cooperation of the efficiency among our peers. unrivalled global network and a HSBC Bank Middle East Limited There are more than 370 staff Student Services Center Our goal is to reduce annual rich heritage in Qatar, HSBC is (Qatar) started operations in 1954. members of which 17% are at Education City, HSBC employee CO2 emissions well positioned to play a leading In the past 57 years HSBC has Qatari nationals. funds the annual English by 1 tonne of CO2. role in the local economy and been a pioneer in bringing to this Enrichment Programme and continue its commitment to the emerging market a wide range of Awards for Excellence to-date 90 Qatari students • HSBC members of staff country. The diverse workforce banking products and services. have received 180 hours of annually take part in a number of of international banking Best Cash Management Bank in English Language Skills training environmentally-friendly actions professionals, combined 1986 – HSBC Qatar being the Qatar 2008, 2009, 2010 & 2011, to improve their chances of and awareness programmes with local Qatari talent, offer first bank to install an ATM. Euromoney Customer Poll. qualifying for higher education that include WWF’s Earth HSBC customers the best at international universities. Hour, World Environment Day in international knowledge 1987 – HSBC introduces Best Corporate / Institutional celebrations and clean-up/ and understanding of the Electronic Banking in Qatar. Internet Bank in Qatar • HSBC and British Council are greening initiatives. local market dynamics. 2010 & 2011, by Global collaborating on a series of 2003 – First Bank to offer Finance magazine. reading initiatives like the Qatar Community The new state-of-the-art main ’Instant Electronic Advising’ Boys Book Challenge and Kids • HSBC takes part in two office officially opened its of Trade transactions in Qatar. 2010 – HSBC Amanah ‘Best Read, to improve reading skills major events annually that doors on 11 February 2010 Islamic Wealth Management of students in independent contribute to fundraising for and forms part of the branch 2004 – Lead managing Qatar’s Provider‘, Islamic Finance news. schools across Qatar. cancer research and cancer network that includes branches first Islamic Sukuk for the awareness. During these in, City Center and Salwa Road. Government. Corporate Sustainability Environment events, staff volunteers are The bank offers a full range of • The HSBC Water Programme encouraged to take part and cross-border banking products 2005 – First Bank to offer Sustainability is at the heart is a five-year partnership make personal contributions. and services from commercial ‘Factoring Services’ in Qatar. of HSBC’s long-term strategy with WWF, WaterAid and and global banking to corporate and in Qatar we aim to ensure Earthwatch to tackle water • HSBC Qatar initiated the clients. For the retail banking 2007 – First bank to offer the that our actions support the risks in river basins; bring safe Iftar meal distribution to segment, customers are also Cheque Outsourcing Service global strategy which includes water and improved sanitation migrant workers in 2007. offered wealth management in Qatar. sustainable business principles to over a million people; and Since then, this project has and offshore banking that permeate every level of our raise awareness about the grown into a regional project products and services. – First bank to offer Commercial business and culture. global water challenge. now implemented by most Cards in Qatar. Throughout the programme, countries in the GCC. Meals Education HSBC will share findings are distributed to labourers – Launched a dedicated team • HSBC in Qatar is a founding and insight to contribute during the Holy month of for Business Banking Customers member on the board of Injaz to global understanding Ramadan and staff volunteers focusing on the Small and Qatar (Junior Achievement). and best practice among are involved in the project. Medium Enterprises (SME). Since its inception in 2007, NGOs, policymakers and HSBC has provided more than businesses, as well as • HSBC supports the Hope 2008 – First bank to offer 80 staff volunteers to conduct engaging its own employees. Centre for children with special Integrated Receivables over five different courses to needs. The support includes Management in Qatar. an estimated 1,400 students. • Starting in 2012, HSBC has financial contributions to the JA More than Money – one of implemented a global action school as well as fun activities – First bank to offer the Wage HSBC’s global programmes has plan to reduce our annual for the children. Packets service in Qatar. been successfully conducted for CO2 emissions, develop 30
Country overview Capital city Doha Area and population Area of 11,521 sq km and population of 1.76 million (at January 2012) Language Arabic is the official language and English is widely spoken Currency Qatari Riyal (QR) which is divided into 100 dirhams. It is pegged to the US dollar at rate of US$ = QR3.64 International dialling code +974 National Holidays 2013 National day 18 December Eid Al-Fitr 28 of Ramadan to 4 of Shawwal Eid Al-Adha 9 – 13 of Zilhijjah Business and banking hours Government offices: 7am – 2pm Sunday – Thursday Banks: 7.30am – 1pm Sunday – Thursday Stock exchange Political structure Constitutional Monarchy Economic statistics FDI US$5.5 billion in 20101 GDP US$173.85 billion in 20112 1 UNCTAD World Investment Report 2011 2 GDP in current prices per IMF WEO Database 32
Contacts Declan Mordaunt, Tax Partner Tel: +974 4419 2801 Email: declan.mordaunt@ qa.pwc.com Website: www.pwc.com/middle-east Website: www.hsbc.com.qa/1/2/ Phone: +974 4438 2100 Head Office: HSBC Main Office, Al Matar Street Umm Ghuwailina, Doha, Qatar, P.O. Box 57 3rd Edition: January 2013 Copyright Copyright 2013. All rights reserved. ‘PwC’ and ‘PricewaterhouseCoopers’ refer to the network of member firms of PricewaterhouseCoopers International Limited (PwCIL), or, as the context requires, individual member firms of the PwC network. Each member firm is a separate legal entity and does not act as agent of PwCIL or any other member firm. PwCIL does not provide any services to clients. PwCIL is not responsible or liable for the acts or omissions of any of its member firms nor can it control the exercise of their professional judgment or bind them in any way. No member firm is responsible or liable for the acts or omissions of any other member firm nor can it control the exercise of another member firm’s professional judgment or bind another member firm or PwCIL in any way. 141TP_Qatar_201212_3 34
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