Article 9 of the Saudi Real Estate Transaction Tax Law
المادة 9 من نظام ضريبة التصرفات العقارية
The article provides for refunding tax paid in excess, by mistake or on an incomplete disposition, and tax on a cancelled disposition if the conditions of sub-paragraph (21) of paragraph (a) of Article 3 are met.
Official text (Arabic)
This article has not been amended since the law was issued.
1- تُرد الضريبة المسددة بالزيادة أو بالخطأ، أو المسددة عن تصرف عقاري لم يكتمل.
2- ترد الضريبة المسددة عن تصرف عقاري تم إلغاؤه شريطة استيفاء كافة الشروط الواردة في الفقرة الفرعية (21) من الفقرة (أ) من المادة (الثالثة) من النظام.
وتحدد اللائحة الإجراءات والضوابط والمدد الخاصة بذلك.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 9 explained in plain English
This article deals with the right to a tax refund, and specifies the cases in which it is refunded:
- Payment in excess or by mistake: tax paid in more than what was due, or paid by mistake, is refunded.
- A disposition that was not completed: tax paid on a real estate disposition that was not completed is refunded.
- A disposition that was cancelled: tax paid on a real estate disposition that was cancelled is refunded, on condition that all the conditions in sub-paragraph (21) of paragraph (a) of Article 3 are met. Cancellation alone is not enough; the text of that sub-paragraph must be consulted and all its conditions checked.
The article refers to the Regulations to set the procedures, rules and periods for the refund, so the text does not state the period for submitting a refund request or its method, which are found in the Regulations.
This article is linked to Article 8, which gives the Authority the power to verify the value of the disposition and recalculate the tax; just as tax can be recalculated upward, someone who paid more than what was due is entitled to recover the difference. It is also linked to Article 10, which gives the Authority the right to request any information available with any person for the purposes of applying the Law and the Regulations, which may relate to verifying refund requests.
Anyone whose refund request is refused, or who is not sure the conditions for refund are met in the case of a cancelled disposition, should consult a lawyer who specializes in real estate and tax cases.
Practical example
Reem paid the tax on the sale of an apartment in Jeddah twice because of an error in the payment process. The second amount was paid by mistake, so it is refunded to her under the procedures, rules and periods the Regulations set.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Mohammed bin Saleh Al-Qarawi Law and Notary Office, Riyadh
Frequently asked questions about Article 9 of the Saudi Real Estate Transaction Tax Law
Can the real estate transaction tax be refunded?
Yes. Tax paid in excess or by mistake, or paid on a real estate disposition that was not completed, is refunded.
If the sale is cancelled, does the tax come back?
Tax paid on a cancelled disposition is refunded on condition that all the conditions in sub-paragraph (21) of paragraph (a) of Article 3 are met.
What are the period and procedures for requesting a refund?
The Regulations set the procedures, rules and periods for refunding the tax.
Articles this article refers to
More articles on Verifying Value and Refunding Tax
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.

