Article 18 - Country-by-Country Report

A. Each Ultimate Parent Entity or, when applicable, each Surrogate Parent Entity of an MNE Group shall file with the Authority a CbC Report conforming to the requirements set forth in the Bylaws and the Guidelines with respect of its Reporting Year on or before the date specified in subparagraph D of this Article.

B. A Constituent Entity that is not the Ultimate Parent Entity or Surrogate Parent Entity of an MNE Group shall file with the Authority a CbC Report conforming to the requirements set forth in the Bylaws and the Guidelines with respect to the Reporting Year of the MNE Group of which it is a Constituent Entity, no later than the date specified in subparagraph D of this Article, if the following criteria are satisfied:

1. The entity is a Taxable Person in the Kingdom or, if not a Taxable Person, a Person subject to Zakat; and

2. One of the following conditions applies:
(a) the Ultimate Parent Entity or Surrogate Parent Entity of the MNE Group is not obligated to file a CbC Report in the jurisdiction in which it is a tax resident;
(b) the jurisdiction in which the Ultimate Parent Entity or in which the Surrogate Parent Entity is a tax resident is party to an International Agreement that is valid and enforceable at the time specified in paragraph D of this Article, but is not a party to Qualifying Competent Authority Agreement that is enforceable at the time specified in paragraph D of this Article; or
(c) the jurisdiction in which the Ultimate Parent Entity or in which the Surrogate Parent Entity is a tax resident Systemically Fails to automatically provide the Kingdom with CbC Reports related to the activities of MNE Groups that have Constituent Entities in the Kingdom.

C. Where there are more than one Constituent Entities of the same MNE Group that are Taxable Persons in the Kingdom and one or more of the conditions set out in paragraph B above apply, the MNE Group may designate one of such Constituent Entities to file the CbC Report with the Authority with respect to any Reporting Year on or before the date specified in paragraph D of this Article and to notify the Authority that the filing is intended to satisfy the filing requirement of all the Constituent Entities of such MNE Group that are Taxable Persons in the Kingdom.

D. The CbC Report shall be filed not later than 12 months after the last day of the Reporting Year of the MNE Group.

E. Forms of the CbC reports and the information required to be provided therein shall be specified in the Guidelines.

F. A Constituent Entity of a Multinational Enterprise Group that is a Taxable Person, including the Ultimate Parent Entity or the Surrogate Parent Entity being tax resident in the Kingdom, shall submit to the Authority a notification about the identity and residence of the Reporting Entity of the same group and the country of submission of the CbC report by such entity. The Taxable Persons shall submit the notification to the Authority within 120 days following the end of the Reporting Year.

G. Persons that are members of a Multinational Enterprise Group with a consolidated group revenue exceeding Three Billion & Two Hundred Million Saudi Riyals (SAR 3.2 Billion) during the year immediately preceding the current Reporting Year as reflected in its Consolidated Financial Statements for that preceding year must submit a CbC Report and the notification provided for in this Article.

H. The Authority shall establish and specify the types, content and recommendations in relation to the documentation and notifications described in this Article.

I. All the types of documentation contained in this Article shall be submitted to the Authority in the language and form specified by Authority.