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Doing business in Oman April 2008

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Page 1: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

Doing business in Oman

April 2008

Page 2: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 2

Index of topics

► Business climate ► Legal system► Business structures► Tax system► Free Zones and Industrial Estates► Labour► Commercial issues► International Agreements and Treaties

Page 3: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 3

Business Climate

► Business friendly government► A robust legal system► A vibrant capital market► The second best performing Arab Economy (out of 40)► The most peaceful country in the Middle East (out of 18)

Page 4: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 4

Legal system

► Primary court► Appeals court► The Supreme court

Page 5: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 5

Regulated industries

► Sector Law (Electricity and Water)► Banking► Insurance► Mining► Tourism► Privatisation► Telecom Regulatory Authority

Page 6: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 6

GCC Privileges

► GCC nationals are treated at par with Omani nationals► GCC common market from 1 January 2008► GCC customs union already in force► GCC nationals ownership of real estate

Page 7: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 7

Business structures

Short term► Branches of foreign companies ► Joint ventures

Long term► Limited Liability Companies (LLC)► Public Joint Stock companies (SAOG)► Closed Joint Stock companies (SAOC)► Commercial Representative Offices

Page 8: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 8

Business structures (contd.)

Branch of a foreign company► 100% foreign ownership► A Contract with the Government or quasi Government

organisation is a pre-requisite► Registration is valid for the contract duration► Continuity of a branch operation is not guaranteed► Tax rates range from 5% to 30%► Branch of a GCC registered company is taxed at 12%

( not for Free Trade Zone entities) ► Effective tax rates may be higher due to related party

disallowances

Page 9: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 9

Business structures (contd.)

Joint ventures► Not a legal entity► Taxable entity► Not a consortium► Share of profits is not taxable for partners► Usually contract specific► Liability of partners is unlimited

Page 10: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 10

Business structures (contd.)

Mixed companies - LLC► Up to 70% foreign ownership is available ► No requirement for a sponsor► Limited liability of shareholders► Minimum capital of RO 150 K► Company is managed by a manager► Shareholder relationships are flexible ► No external reporting is required► Tax rate applicable is 12% on taxable income in excess of

RO 30,000► Dividend received by shareholders is not taxable

Page 11: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 11

Business structures (contd.)

Mixed companies - Public Joint Stock Companies (SAOG)► Minimum capital of RO 2,000 K ► SAOGs are preferred for privatisation projects► Managed by a board of directors► High level of transparency and disclosures► Transferability of shares► Tax rate applicable is 12% on taxable income in excess of

RO 30,000

Page 12: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 12

Business structures (contd.)

Mixed companies - Closed Joint Stock Companies (SAOC)► Minimum capital of RO 500 K ► Shares are not required to be offered to public► Managed by a board of directors► Exit option► Regulated by the CMA

Page 13: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 13

Commercial Representative Offices

► Registrations are allowed► Specific functions – Mainly promotion/liaison► Imports/ Exports/ Sales – not allowed

Page 14: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 14

100% Foreign Owned Companies

► FCIL permits 100% foreign owned entity► Special approval from the Council of Ministers is

necessary► The minimum capital is RO 500K► A number of companies have been already registered

Page 15: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 15

Omani tax system

► Corporate tax is payable by all entities► No personal taxation► Customs duty @ 5%► Social security for Omani employees ► Vocational training levy - RO 100 per employee► No sales tax or VAT► No stamp duties► A new Tax Law is expected► Introduction of VAT ?

Page 16: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 16

Omani tax system (contd.)

Corporate tax

Current tax rates

Min Max .► Any company registered in Oman 12% 12%► Branches of GCC companies 12%

12%► Branches of other foreign companies 5%

30%► Final WHT on certain types of payments 10% 10%

Page 17: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 17

Omani tax system (contd.)

Tax exemptions

5 years tax exemption for:► companies registered in Oman ► engaged in activities such as:

► Industrial, Fishing and Fish processing, Exports► Agriculture, Tourism, Public utility► Education, Hospitals, Airlines, Shipping

► A further renewal of 5 years is possible► Losses during tax exemption period are allowed to be

carried forward in specific circumstances

Page 18: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 18

Land Ownership

► Generally limited to Omanis► GCC nationals – under certain circumstances► Foreigners – in Integrated Tourism complexes

Page 19: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 19

Intellectual Property related laws

► Trade marks law► Patents law► Copyrights law

Page 20: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

14 April 2008 Doing Business in OmanPage 20

International Agreements and Treaties

The Sultanate of Oman has entered into Double Tax Treaty (DTT) agreements with a number of countries.

There are also a number of Investment Protection Agreements with several countries.

A Free Trade Agreement has been signed with the USA

Page 21: Doing business in Oman April 2008. 14 April 2008Doing Business in OmanPage 2 Index of topics ► Business climate ► Legal system ► Business structures ►

Thank you all