Chapter – 3
setoff and carry forward of losses
Chapter outcomes:
1. Meaning of set off and carry forward of losses;
2. Meaning of net loss;
3. Rules of set off and carry forward of losses;
4. Transfer of ownership of capital assets;
5. Exempted incomes;
6. Avoidance of double taxation;
7. Tax Returns;
8. Payment of taxes
9. Tax collection
10. Practical exercises;
Meaning of set off and carry forward of losses
Set off and carry forward of loss is the process in which
the losses incurred for any tax year of the tax payer
shall be carried forward to the following tax year and
deducted from the taxable income for that year and the
subsequent years until the entire loss is set off.
In case the loss is incurred for more than one tax year,
the deduction of loss shall commence from the earliest
tax year.
Meaning of net loss
For the purpose of income tax, net loss means the
excess of the total amount of losses incurred during the
first five years of the exemption period specified for any
establishment or Oman company in accordance with
Article 118 of Oman Income Tax Law.
Loss or exempted income shall be computed in the same
manner as the taxable income is computed
Rules of set off and carry forward of losses
1. Where a foreign person carries on several businesses
through permanent establishments, the loss which is
incurred in any tax year from carrying on any business,
may be carried forward and deducted from the net
profit of other business during the same tax year;
2. When the net result of the various business carried on
by a tax payer is a loss, such a loss can be carried
forward and set off from the net profit of subsequent
years not more than 5 years;
3. When the loss of any year is not set off with in the
stipulated 5 years, such loss can be carried forward and
set off during the subsequent years, with a special
permission from the ministry of taxation
Provision concerning transfer of ownership of
assets following the transfer of business
When any capital assets are transferred by a foreign
company to Omani Company, the following rules are
applicable:
1. The transferee company shall have the right to
choose whether the provisions of this section or the
other provision of this law to be applied to the assets
or to the pool of assets;
2. To exercise the option, the transferee shall sent a
notification to the department of taxation with in a
period of 6 months;
3. The option once made cannot be revoked
Exemption for certain categories of income
The following incomes are exempted from tax while
computing the taxable income of a tax payer:
1. Dividends received by the establishment, Omani
company or permanent establishment from shares,
allotments or shareholding it owns in the capital of
any Omani company;
2. Profits and gains from the disposal of securities
listed in the Muscat Securities Market
Avoidance of double taxation
The government of Oman may enter into agreements
with the governments of any other countries for the
purpose of avoiding double taxation in relation to
income.
According to the provision of double taxation, when
any tax payer in Oman has paid any foreign tax in
respect of the income which was charged to tax in the
country with which Oman has concluded tax
agreement, such tax paid will be deducted from the net
tax payable in Oman by the tax payer.
Tax returns
There are two kinds of tax returns application to the tax payers in
Oman:
1. Provisional return:
The provisional return shall be prepared on the basis of the information
available at the date of preparation of that return. If this information is
not available, the taxable income shall be estimated on a reasonable
basis. The tax due as per that return shall be computed as per that
information
2. Final return:
Final return for any tax year shall be filed before the expiry of a period
of six months which begins from the ending date of that year, or the
ending date of the accounting period for which the return is prepared or
if there is more than one accounting period – with the ending date of
the last accounting period
Payment of tax
The following rules are application for the payment of tax:
1. Tax payable as per the provisional return shall be paid on the
date specified for filing this return;
2. The tax payable as per the final return shall be paid on the
date specified for filing the final return, after deducting the
tax payable as per the provisional return;
3. The tax payable as per the assessment for any tax year, shall
be paid for that year, to the extent it exceeds the tax payable
as per the final return for that year;
4. The owner of an establishment or the owner of a permanent
establishment or Oman company shall be liable to pay the tax
to the Secretary General on the time fixed
Tax Collection
The following rules are application for collection of tax:
1. If the tax payable and due is not paid on the fixed date, it shall
be forcibly collected by following the procedures stipulated
for administrative enforcement under the system of collection
of taxes;
2. An additional tax shall be charged at 1% per month of the
outstanding amount of the tax payable and due but not paid
by the due date for payment for the period during which this
tax remains unpaid;
3. The government’s right to collect the tax shall lapse after
seven years starting from the date on which it becomes due
and payable in accordance with the provisions of this law.