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VAT MASTERY

WORKSHOP

1
VAT IN UAE
Where are we now?

2
Definition VAT

Value added tax (VAT) is a general and


consumption tax that is collected
incrementally, based on the value added, at
each stage of production and is usually
implemented as a destination-based tax.
1.4 Detailed Definition

General Tax

It applies, in principle, to all commercial activities


involving the production and distribution of goods
and the provision of services.
1.4 Detailed Definition

Consumption Tax

Because it is borne ultimately by


the final consumer, in most cases.
1.4 Detailed Definition

Destination based tax

Generally, where the tax rate is based


on the location of the customer
1.4 Detailed Definition

Multi-Stage tax

levied only on value added at each stage in the


chain of production of goods and services.
1.5 History of VAT
The men behind VAT

In 1918, Dr. Wilhelm Von Siemens, a German


businessman and industrialists, he proposed an idea of a new tax
system that will resolve the CASCADING effect of the Gross
Turnover tax.

What is
cascading effect
of Taxes?
1.5 History of VAT
Sample Cascading Effect of Tax
For example, a government levies 10% gross turnover tax on all the goods distributed and services rendered under its jurisdiction. A
supplier decided to sell its product to a manufacturer by $1,000. After processing the goods, the manufacturer sold the product at a
mark-up of $2,000 to a retailer. The retailer decided to sell the same at a mark-up of $2,000.

Entities Sales with Mark-up Gross turnover tax Selling Price with tax

A B (A x 10%) C = (A + B)

Supplier 1,000 100 1,100


Manufacturer 3,100 310 3,410
Retailer 5,410 541 5,951
Total turnover tax payable to Authorities 951
Remember that the turnover tax is only 10%. However, in this case, government collected
taxes of $951, which is actually 19.02% ($951 ÷ $5,000).
1.5 History of VAT
The men behind VAT
VAT was further improved by Professor Thomas S. Adams for the
United States of America who recommended "sales-tax with a
credit or refund for taxes paid by the producer or dealer (as
purchaser) on goods bought for resale or for necessary use in the
production of goods for sales. This idea gave birth to the modern
system of VAT.

Maurice Lauré, joint director of the French tax authority, was first to
introduce VAT with effect from 10 April 1954, for large businesses,
and extended over time to all business sectors.
1.6 Characteristics of VAT

VAT is a form of
indirect taxation.

An indirect tax is a tax that is paid to the government


by one entity in the supply chain, but it is passed on to
the consumer as part of the price of goods or services.
1.6 Characteristics of VAT

VAT is based on
expenditures, not
on income

This characteristics also means that the consumer


are taxed based on the consumptions, not on
earnings. The more you consume, the higher
amount of VAT will be charged.
1.6 Characteristics of VAT

VAT is a broad-
based tax

VAT are to be applied on a broad range of both goods


and services with certain exemptions and exclusions,
which varies from country to country.

Needless to say, an except goods in one country may be


vatable to another country.
1.6 Characteristics of VAT

VAT is based on
value added
principle

VAT is multi-stage tax like the turnover tax but with


the basic difference that it is levied on the value
added at each stage and not on the gross turnover
of the dealer.
1.6 Characteristics of VAT

VAT can be a
substitute to other
taxes

VAT can be a substitute for sales tax, hotel tax,


contract tax and entertainment tax in other
countries who implemented the VAT.
1.6 Characteristics of VAT

VAT is based on
self-assessment
system

VAT provides the facility of tax credit and tax


refund
1.7 Advantages of VAT

Less likely to be
evaded

As compared to other taxes, there is a less chance


of tax evasion. VAT minimizes tax evasion due to
its catch-up effect.
1.7 Advantages of VAT

Transparency

VAT is transparent and has minimum burden to


consumers as it is collected in small fragments at
various stages of production and distribution.
1.7 Advantages of VAT

Levied to majority

There is mass participation of taxpayers.


1.8 Disadvantages of VAT

Discourages
spending

This could have a recessionary effect on the


economy if spending declines significantly.
1.8 Disadvantages of VAT in general

Regressiveness
feature

This means that a higher proportion of a low-


earning person's income would be subject to VAT
than that of a high-earner's income.
1.8 Disadvantages of VAT in general

Inflationary

VAT is inflationary effect unless there is a proper


planning before implementation to control the prices
1.8 Disadvantages of VAT in general

VAT favors the


capital intensive
firm

affects small, labor-intensive businesses to a


greater extent than capital-intensive businesses.
1.8 Disadvantages of VAT in general

May increase
administrative
costs

A major worry about VAT centres on the question of


administration and compliance costs. Studies have
shown that the costs of administration can increase
significantly under a VAT.
1.9 VAT Adoption by countries

As of 2016, countries adopted VAT is as follows:

Adopted VAT 150


Not adopted VAT 46
Total countries 196
1.10 Types of Taxation

Types
of
Taxes

Direct Indirect
Taxation Taxation

a. Corporate Income Tax a. VAT


b. Property Taxes an other b. Sales tax
assets c. Excise taxes
c. Individual taxes d. Custom Duties
2.1 History of VAT in UAE

Feb 2009 Nov 2010 Aug 2015 Jan 2016 Oct 2016

Oil prices
Formal
fell to Talks Pressure Federal Tax
announce-
US$40 among from the Authority is
A B C D ment has E
from the GCC IMF to to be formed
been made
US$147.2 started on implement under federal
to implement
7 in July VAT VAT law
VAT
2008

Federal Law
no 13 of 2016
to issued on
Jan 2017
2.1 History of VAT in UAE

April – May
14 Feb 2017 14 Mar 2017 17 Mar 2017 June 2017
2017

Newspaper The Federal


G H H I Release of
F announcement on National Council Awareness Education
Federal Law No
the new revenue approves the announcement commences
7 of 2017
threshold draft on Tax Law
2.1 History of VAT in UAE

June 2017 Aug 2017 Aug 2017 Sep 2017 01 Oct 2017

Issuance of
Issuance of Registration
I Release of J K L Executive M
Federal Decree- Launch of the commenced
Federal Law No Regulations on
Law No. 8 No of FTA Website
7 of 2017 Tax Procedure
2017
Law
GCC VAT
Agreement
30
Where are we now?
GCC VAT Agreement Legal framework
UAE final VAT law and draft KSA final VAT law is already
executive regulations are already UAE VAT published along with implementing
published. VAT is going live from 01 Law - Final regulations. VAT is going live from 01
January 2018. January 2018.

Kuwait – KSA VAT


No VAT law Law - Final

GCC VAT agreement was signed in


2016 and is a basic governing
document for VAT throughout GCC. GCC VAT VAT Implementing states starting 01 Jan
Agreement
2018

Oman – No Bahrain –
VAT law No VAT law
VAT in all other jurisdictions is
expected to be effective from 01
Qatar – No January 2019 except Bahrain
VAT law where it may be implemented from
Mid-2018.
1. Reference to GCC Agreement
KSA UAE
The KSA VAT No direct references to
framework refers the GCC VAT
explicitly and expressly Agreement
to the GCC VAT
Agreement More like an
independent VAT law
32
2. Scopes
KSA UAE
The KSA VAT is briefer UAE appears to have
since they refer to the adopted a more
GCC VAT Agreement detailed, standalone
VAT law
Composed of 53 Excluding Exec Reg,
Articles UAE VAT law has 85
33 articles
3. Issuance date of the regulations
KSA UAE
KSA published its VAT UAE Excluding Exec
implementing Reg, was issued on 26
regulations on 19 July November 2017
2017

34
4. Real Estate
KSA UAE
Saudi Arabia stated no UAE offers zero rating on
zero rating with the only the residential property
lease included in the lease and sales under the
exemption of VAT. three-year of completion
date and further leasing or
sale is exempted from the
35 VAT
4. Commencement of registration
KSA UAE
Registration has started In UAE, VAT registration
30 days upon issuance stated on 01 October
of the law 2017

36
5. Revenue threshold
KSA UAE
Mandatory registration In UAE, mandatory
threshold will be SAR registration threshold will
375,000 be AED 376,000

In KSA, voluntary In UAE, voluntary


threshold will be SAR threshold will be AED
187,500 187,500
37
6. Registration of Zero rated businesses
KSA UAE
In KSA, zero rated In UAE, there are
supplies are not liable to requirement to register but
register may apply for exemption

38
7. Education and health care sector
KSA UAE
Both sectors will generally In UAE, there are
be subject to VAT at the requirement to register but
standard rate may apply for exemption
Public education and Certain education and
healthcare providers healthcare services will
potentially not subject to be subject to VAT at the
39
VAT zero rate
8. Financial Services
KSA UAE
margin-based financial In UAE, same provisions
services will be exempt
while fee-based products
will be subject to the
standard rate of VAT

40
9. Local Transport
KSA UAE
Implementing regulations In UAE, local transport are
indicate that this will be exempted category
subject to VAT at the
standard rate

41
10. VAT returns
KSA UAE
In Saudi, companies with annual In the UAE, VAT returns
income in excess of SAR 40m will generally be required
must file returns on a monthly
basis while other companies must
to be submitted on a
file their returns on a quarterly quarterly basis depending
basis with payments required to on the returns and
be made within a month of the payments due within 28
end of the relevant period. days after the end of the
42
period
11. Transitional provisions
KSA UAE
In Saudi, for contracts that were In the UAE, under normal
entered into before May 31 this circumstances, where the
year and are silent on VAT, the
supply can be treated as zero
contract is silent on VAT,
rated until the end of the contract the price will be deemed
or December 31 2022 where the to be inclusive of VAT.
customer is entitled to deduct
input VAT..
43
Federal Law
No. 7 of 2017 &
44
Cabinet Decision No. (36) of 2017
Scope of Application of the Law
The provisions of this Law apply to tax procedures related to the
administration, collection and enforcement of Tax by the Authority.

45
Objectives of the Law
a. Rights and obligations between the Authority and the Taxpayer

b. regulation of the common procedures and rules applicable to all


Tax Laws in the State
46
.
Keeping Accounting Records and Commercial Books
1. Accounting Records and Commercial Books shall include the following:
a. Accounting books in relation to that Business, which include
records of payments and receipts, purchases and sales,
revenues and expenditures, and any business, and any matters
as required under any Tax Law or any other applicable law,
including:

1) Balance sheet and profit and loss accounts.

47 2) Records of wages and salaries.


.
Keeping Accounting Records and Commercial Books
1. Accounting Records and Commercial Books shall include the following:
3) Records of fixed assets.

4) Inventory records and statements (including quantities and


values) at the end of any relevant Tax Period and all records of
stock-counts related to Inventory statements

b. Additional records as may be required in the Tax Law and its


Executive Regulation.
48
Keeping Accounting Records and Commercial Books
2. In addition to the Accounting Records and Commercial Books mentioned in
Clause (1) of this Article, the Authority may require any other information in
order to confirm, through an audit trail, the Person’s Tax obligations, including
any liability to register for Tax purposes.

49
Period of Record-Keeping
In addition to the 5 years rule, to retain the records for a further period not
exceeding (4) years due to the following:
Tax dispute between him Tax Audit has not Notice were given by the
and the Authority yet been completed Authority that it intends to
conduct the audit

50
How to Keep Accounting Records & Commercial Books
Accounting Records and Commercial Books shall be met through any of the
following:
a. Creating the record and the retention of original Documents which support
the entries contained in the record.

original document
The information retained or stored in
either photocopy or electronic form,
and an easily readable copy
51
The use of a language other than the Arabic
Tax Return, data, information, records and other Documents related to any Tax
shall be submitted to the Authority in Arabic,

As an exception to Clause (1) of this


Article, the Authority may accept data,
information, records and other
Documents related to any Tax to be
submitted to it in English; the Authority
may, at its discretion, request the
Person to translate some or all of
52 these to Arabic.
The use of a language other than the Arabic
Where the data, information, records and other Documents related to any Tax
are issued in any foreign language other than English, the Person is required to
submit these Documents to the Authority as translated into Arabic.

53
Procedures of Tax Registration, De-registration and
Amending Details of Registration
non-registered Taxable Person or any other Person who has the right to
register must apply for registration under the relevant provisions of the Tax
Law.

54
Legal representatives - Definition
Any Person appointed as a Legal Representative of a Taxable Person or his
funds or his inheritance must inform the Authority within 20 business days from
the date of the appointment

55
Legal representatives - Appointment
Any Person appointed as a Legal Representative is required to give a notice of
his appointment to the Authority within (20) business days from the
appointment date, such notice shall be in writing or by the form determined by
the Authority, and shall include the following:

a. The type of appointment.


b. The Person’s responsibilities.
c. The duration of the appointment, in the case of fixed-term appointment.
d. The name, address and Tax Registration Number, if applicable, of the
Taxable Person who is represented by the Legal Representative.
e. The name and address of the Legal Representative.
56 f. The legal basis of the appointment.
Legal representatives – Approval of the Authority
Where the Authority accepts the appointment of the Legal Representative, it
will notify the Legal Representative of the acceptance of his appointment within
(20) business days as of such acceptance.

(20) business
days

57
Tax Return Preparation and Submission
Each Taxable Person shall:
(a) Prepare the Tax Return for each Tax Period for each
Tax within the time limit of registration in accordance with
the Tax Law.
b) Submit the Tax Return to the Authority in accordance
with the provisions of this Law and the Tax Law.
c) Settle any Payable Tax as specified in the Tax Return
or
58
any Tax Assessment within the time frame
Tax Return Preparation and Submission – Incomplete
return
Any incomplete Return submitted to the Authority shall be
treated as not having been accepted by it if it does not
include the basic information determined by the Tax Law.:

59
Allocation of Unidentified payments

Unspecified payments of tax liability by the Tax payer will


be treated as:

a. Authority may allocate the amount to applicable periods

b. Tax credit if no refund application has been received

60
Voluntary disclosures – Error More than AED 10,000
discrepancy

Incorrect Tax return - The Taxable Person shall make a


Voluntary Disclosure to the Authority within (20) business
days

61
Voluntary disclosures – Error Less than AED 10,000
discrepancy

To correct the error in the Tax Return for the Tax Period in
which the error has been discovered, if the Taxable Person
is obligated to submit a Tax Return to the Authority for this
Tax Period.
If there is no Tax Return through which the error can be
corrected, Voluntary Disclosure to the Authority within (20)
business days applies
62
Means of Notification and Correspondence by the
Authority
The Authority shall execute the Notification by any of the following
means:
a. Post.
b. Registered post.
c. By electronic mail to the address provided by the Person being
notified.
d. Posting on the premises of the Taxable Person
e. Any other means as may be agreed by the Person and the Authority.
63
Tax Agents
1. Anyone requesting to be listed in the Register shall satisfy the
following conditions:

a. To be of good conduct and behaviour and to have never been


convicted of a crime or misdemeanor prejudicial to honour or honesty,
irrespective of whether or not he may have been rehabilitated..

64
Tax Agents
1. Anyone requesting to be listed in the Register shall satisfy the
following conditions:

b. To hold at least a certified bachelor or Master degree in tax,


accounting or law from a recognized educational institution, or a
bachelor degree in any field plus a tax certification as accepted from an
internationally known tax institute.

c. To have a relevant recent experience of at least three years, in either


tax, qualified accounting or law, with the ability to communicate orally
65
and in writing in both Arabic and English
Tax Agents
1. Anyone requesting to be listed in the Register shall satisfy the
following conditions:

d. To pass any tests to meet qualification standards as may be


specified by the Authority.
e. To be medically fit to perform the duties of the profession.
f. To hold a professional indemnity insurance contract.
g. To perform his activity through a legal person approved by the
Ministry of Economy and the local competent authority.
66
Tax Agents - Applications
The Authority shall review the applications and shall issue its decision
within (15) business days from receiving the application.:

If the Authority accepts the application, the applicant will be listed in the
Register within (5) business days from the date of the Authority’s
approval of the application or any other date that may be specified by
the Authority after settling the required fees.

67
Tax Agents - Listings
Listing in the Register shall be valid for three years from the date of
registration and renewable

68
Tax Agents – De- Listings
The Authority may de-list the Tax Agent from the Register in any of the
following cases:

a. If it was proven to the Authority that the Person is not eligible to be


a Tax Agent.

b. If the Authority found that the continued registration of the Person as


a Tax Agent would adversely affect the integrity of the Tax system.

c. If he committed a significant violation of the provisions of Law or Tax


69
Law.
Tax Agents – Responsibilities
Where a Person appoints a Tax Agent to act in his name and on his
behalf, the Tax Agent shall:
a. Assist the Person with his Tax obligations according to a contractual
agreement between the Person and the Tax Agent.
b. Without prejudice to any obligations in the Law, maintain the
confidentiality of any information obtained in the course of performing
his duties as a Tax Agent.
c. Refuse to participate in any work or plan which may result in a
breach of any law by any Person or may jeopardize the integrity of the
tax system
70
Tax Agents – Information from Principal
In performing his duties as a Tax Agent, the Tax Agent may rely on
information provided to him by the Person unless the Tax Agent has
reasonable grounds for believing that the information may be incorrect.

71
The right of the Authority to perform a Tax Audit
1. The Authority may perform a Tax Audit on any Person to ascertain
the extent of that Person’s compliance

2. The Authority may perform the Tax Audit at its office or the place
of business of the Person subject to the Tax Audit or any other place
where such Person carries on Business, stores goods or keeps
records.

72
The right of the Authority to perform a Tax Audit
3. If the Authority decides to perform a Tax Audit at the place of
Business of the Person subject to the Tax Audit or any other place
where such Person carries on his Business, stores goods or keeps
records, the Authority must inform him at least five business days
prior to the Tax Audit.

73
The right of the Authority to perform a Tax Audit
4. By way of exception to section (3), the Tax Auditor has the right to
enter the place of business without prior notice and temporary close
the premises not exceeding 72 hours due to

74
The right of the Authority to perform a Tax Audit
4. By way of exception to section (3), the Tax Auditor has the right to
enter the place of business without prior notice and temporary close
the premises not exceeding 72 hours due to

a. serious grounds to believe that there are tax evasion


b. serious grounds to believe that not temporarily closing the place
where the Tax Audit is conducted will hinder the conduct of the Tax
Audit;
c. if the Person who has been given advance notice of the Tax Audit under
section (3) of this Article attempts to hinder the Tax Auditor’s access to the
75
place where the Tax Audit is to be performed.
The right of the Authority to perform a Tax Audit
5. In all cases stated in section (4) of this Article, the Tax Auditor
must obtain the prior written consent of the Director General; and if
the place to be accessed is a place of residence then a permit from
the Public Prosecutor must also be obtained.

76
The right of the Authority to perform a Tax Audit
6. Places closed under this Article must be reopened upon the
expiration of 72 hours, unless the Authority obtains a permit from the
Public Prosecutor to extend the closure time limit for a similar period
prior to the expiry of the preceding 72 hours.

77
The right of the Authority to perform a Tax Audit
7. A criminal case can be initiated only upon an application from the
Director General.

8. The Executive Regulations of this Law shall specify the necessary


procedures related to the Tax Audit.

78
The Right of the Authority to Access the Original
Records or Copies Thereof During a Tax Audit

While conducting a Tax Audit, the Tax Auditor may obtain original
records or copies thereof, or take samples of the stock, equipment or
other assets from the place at which the Person subject to the Tax
Audit carries on his business or which are in his possession, or may
seize them in accordance with the rules that shall be specified in the
Executive Regulations of this Law.
.

79
Cooperation during the Tax Audit

Any Person subject to a Tax Audit, his Tax Agent or Legal


Representative must facilitate and offer assistance to the Tax Auditor
to enable him to perform his duties.

80
Article 22: The Audited Person’s Rights

1. request the Tax Auditors to show their job identification cards.

2. obtain a copy of the Tax Audit Notification.

3. attend the Tax Audit which take place outside the Authority.

4. Obtain copies of any original paper or digital documents seized


or obtained by the Authority during the Tax Audit, according to
what is specified in the Executive Regulations of this Law.
81
Article 24: Tax Assessment
The Authority shall issue a Tax Assessment to determine
Payable Tax and notify the Taxable Person within five business
days of its issuance, in any of the following cases:

a. the Taxable Person failing to apply for registration within the


timeframe specified by the Tax Law.

82
Article 24: Tax Assessment
d. the Taxable Person submitting an incorrect Tax Return.

e. the Registrant failing to account for Tax on behalf of another


Person when he is obligated to do so under the Tax Law.

f. there being a shortfall in Payable Tax as a result of a Person’s


Tax Evasion, or as a result of a Tax Evasion in which such
Person was involved.

83
Article 24: Tax Assessment
2. The Authority shall issue an estimated Tax Assessment if it
has not been possible to determine the amount of Tax deemed to
be Payable Tax or the Refundable Tax that has not been due to
be refunded, as the case may be

84
Article 24: Tax Assessment
3. The Authority may amend an estimated Tax Assessment
based on new information that surface after the issue of the
estimated Tax Assessment. It must notify the concerned Person
of these amendments within (5) five business days from the date
of amendment.

85
The Federal Law No. 7 of 2017
Article 25: Administrative Penalties Assessment
The Authority shall issue an Administrative Penalties Assessment
for a Person and notify him within (5) five business days for any of
the following violations:
a. the Person carrying on a Business failing to keep the required
records and other information specified in this Law and the Tax
Law.
b. the Person carrying on Business failing to submit the data,
records and documents related to Tax in Arabic to the Authority
when requested.
The Federal Law No. 7 of 2017
Article 25: Administrative Penalties Assessment
The Authority shall issue an Administrative Penalties Assessment
for a Person and notify him within (5) five business days for any of
the following violations:
c. the Taxable Person failing to submit a registration application
within the timeframe specified in the Tax Law.
d. the Registrant failing to submit a deregistration application
within the timeframe specified in the Tax Law.
e. the Registrant failing to inform the Authority of any circumstance
that requires the adjustment of the information pertaining to his tax
record kept by the Authority.
The Federal Law No. 7 of 2017
Article 25: Administrative Penalties Assessment
The Authority shall issue an Administrative Penalties Assessment
for a Person and notify him within (5) five business days for any of
the following violations:
f. the Person appointed as a Legal Representative for the Taxable
Person failing to inform the Authority of his appointment within the
specified timeframe, in which case the penalties will be due from
the Legal Representative’s own funds.
The Federal Law No. 7 of 2017
Article 25: Administrative Penalties Assessment
The Authority shall issue an Administrative Penalties Assessment
for a Person and notify him within (5) five business days for any of
the following violations:
g. the Person appointed as a Legal Representative for the Taxable
Person failing to file a Tax Return within the specified timeframe,
in which case the penalties will be due from the Legal
Representative’s own funds.
The Federal Law No. 7 of 2017
Article 25: Administrative Penalties Assessment
The Authority shall issue an Administrative Penalties Assessment
for a Person and notify him within (5) five business days for any of
the following violations:
h. the Registrant failing to submit the Tax Return within the
timeframe specified in the Tax Law.

i. the Taxable Person failing to settle the Payable Tax stated in the
submitted Tax Return or Tax Assessment he was notified of,
within the timeframe specified in the Tax Law.

j. the Registrant submitting an incorrect Tax Return.


The Federal Law No. 7 of 2017
Article 25: Administrative Penalties Assessment
The Authority shall issue an Administrative Penalties Assessment
for a Person and notify him within (5) five business days for any of
the following violations:
k. the Person voluntarily disclosing errors in the Tax Return, Tax
Assessment or Refund Application pursuant to Article 10 (1) and
(2) of this Law.

l. the Taxable Person failing to voluntarily disclose errors in the


Tax Return, Tax Assessment or Refund Application pursuant to
Article 10 (1) and (2) of this Law before being notified that he will
be subject to a Tax Audit.
The Federal Law No. 7 of 2017
Article 25: Administrative Penalties Assessment
The Authority shall issue an Administrative Penalties Assessment
for a Person and notify him within (5) five business days for any of
the following violations:
m. the Person carrying on a Business failing to offer the facilitation
and assistance to the Tax Auditor in violation of the provisions of
Article (21) of this Law.
n. the Registrant failing to calculate Tax on behalf of another
Person when the registered Taxable Person is obligated to do so
under the Tax Law.
o. any other violation for which a resolution is issued by the
Cabinet.
Article 26: Tax Evasion Penalties
Without prejudice to any more severe penalty applicable under any other law, a
prison sentence and monetary penalty not exceeding five times the amount of
evaded Tax or either of the two, shall be imposed on:

a. a Taxable Person who deliberately fails to settle any Payable


Tax or Administrative Penalties.
b. a Taxable Person who deliberately understates the actual value
of his Business or fails to consolidate his related Businesses with
the intent of remaining below the required registration threshold.
c. a Person who charges and collects amounts from his clients
claiming them to be Tax without being registered.
5.9 Article 26: Tax Evasion Penalties
Without prejudice to any more severe penalty applicable under any other law, a
prison sentence and monetary penalty not exceeding five times the amount of
evaded Tax or either of the two, shall be imposed on:

d. a Person who deliberately provides false information and data


and incorrect documents to the Authority.

e. a Person who deliberately conceals or destroys documents or


other material that he is required to keep and provide to the
Authority.
5.9 Article 26: Tax Evasion Penalties
Without prejudice to any more severe penalty applicable under any other law, a
prison sentence and monetary penalty not exceeding five times the amount of
evaded Tax or either of the two, shall be imposed on:

f. a Person who deliberately steals, mis-uses or causes the


destruction of documents or other materials that are in the
possession of the Authority.
g. a Person who prevents or hinders the Authority’s employees
from performing their duties.
h. a Person who deliberately decreases the Payable Tax through
Tax Evasion or conspiring to evade Tax.
Violations and Administrative Penalties related to the Implementation of
the Federal Law No. (7) of 2017 on Tax Procedures
Description of Violation Administrative Penalty (Dirhams)
The failure of the person conducting Business to keep the required records (10,000) for the first time.
and other information specified in Tax Procedures Law and the Tax Law (50,000) in case of repetition.
The failure of the person conducting Business to submit the data, records
(20,000)
and documents related to Tax in Arabic to the Authority when requested.
The failure of the Taxable Person to submit a registration application within
(20,000)
the timeframe specified in the Tax Law
The failure of the Registrant to submit a deregistration application within the
(10,000)
timeframe specified in the Tax Law
The failure of the Registrant to inform the Authority of any circumstance that
(5,000) for the first time.
requires the amendment of the information pertaining to his tax record kept
by Authority. (15,000) in case of repetition
The failure of the person appointed as a Legal Representative for the
Taxable Person to inform the Authority of his appointment within the
(20.000)
specified timeframe. The penalties will be due from the Legal
Representative's own funds.
The failure of the person appointed as a Legal Representative for the (1,000) for the first time.
Taxable Person to file a Tax Return within the specified timeframe. The (2,000) in case of repetition within (24)
penalties will be due from the Legal Representative's own funds. months.
(1,000) for the first time.
The failure of the Registrant to submit the Tax Return within the timeframe
(2,000) in case of repetition within (24)
specified in the Tax Law. months.
Violations and Administrative Penalties related to the Implementation of
the Federal Law No. (7) of 2017 on Tax Procedures
Description of Violation Administrative Penalty (Dirhams)
The Taxable Person shall be obligated
to pay a late payment penalty
consisting of:

- (2%) of the unpaid tax is due


immediately once the payment of
Payable Tax is late;
The failure of the Taxable Person to settle the Payable Tax stated in the
submitted Tax Return or Tax Assessment he was notified of, within the - (4%) is due on the seventh day
timeframe specified in the Tax Law. following the deadline for payment, on
the amount of tax which is still unpaid.

- (1%) daily penalty charged on


any amount that is still unpaid one
calendar month following the deadline
for payment with upper ceiling of
(300%).
Violations and Administrative Penalties related to the Implementation of
the Federal Law No. (7) of 2017 on Tax Procedures
Description of Violation Administrative Penalty (Dirhams)
Two penalties are applied:

1. Fixed penalty of:


2. Percentage based penalty shall be
applied on the amount unpaid to the
Authority due to the error and resulting in a
tax benefit as follows:
(3,000) for the first time.
(5,000) in case of repetition
-(50%) if the Registrant does not
make a voluntary disclosure or he
made the voluntary disclosure after
being notified of the tax audit and the
The submittal of an incorrect Tax Return by the Registrant. Authority has started the tax audit
process, or after being asked for
information relating to the tax audit,
whichever takes place first.

- (30%) if the Registrant makes the


voluntary disclosure after being
notified of the tax audit and before the
Authority starts the tax audit.

- (5%) if the Registrant makes a


voluntary disclosure before being
notified of the tax audit by the
Authority.
Violations and Administrative Penalties related to the Implementation of
the Federal Law No. (7) of 2017 on Tax Procedures
Description of Violation Administrative Penalty (Dirhams)
Two penalties are applied:

1. Fixed penalty of:


2. Percentage based penalty shall be
applied on the amount unpaid to the
Authority due to the error and resulting in a
tax benefit as follows:
(3,000) for the first time.
(5,000) in case of repetition
- (50%) if the Person/Taxpayer
makes a voluntary disclosure after
being notified of the tax audit and the
The Voluntary Disclosure by the Person/Taxpayer of errors in the Tax Authority starting the tax audit or after
Return, Tax Assessment or Refund Application pursuant to Article 10 (1) being asked for information relating to
and (2) of the Tax Procedures Law. the tax audit, whichever takes place
first.

- (30%) if the Person/Taxpayer


makes the voluntary disclosure after
being notified of the tax audit but
before the start of the tax audit.

- (5%) if the Person/Taxpayer


makes voluntary disclosure before
being notified of the tax audit by the
Authority.
Violations and Administrative Penalties related to the Implementation of
the Federal Law No. (7) of 2017 on Tax Procedures
Description of Violation Administrative Penalty (Dirhams)
Two penalties are applied:

The failure of the Taxable Person to voluntarily disclose errors in the Tax 1. Fixed penalty of:
Return, Tax Assessment or Refund Application pursuant to Article 10 (1) (3,000) for the first time.
and (2) of this the Tax Procedures Law before being notified that he will be (5,000) in case of repetition
subject to a Tax Audit. 2. (50%) of the amount unpaid to the
Authority due to the error resulting in a tax
benefit for the Person/Taxpayer.
The failure of the Person conducting Business to facilitate the work of the
Tax Auditor in violation of the provisions of Article (21) of the Tax -20,000
Procedures Law.
Violations and Administrative Penalties related to the Implementation of
the Federal Law No. (7) of 2017 on Tax Procedures
Description of Violation Administrative Penalty (Dirhams)
The Registrant shall be obligated to
pay a late payment penalty consisting
of:

- (2%) of the unpaid tax is due


immediately once the payment of
Payable Tax is late;

The failure of the Registrant to calculate Tax on behalf of another Person - (4%) is due on the seventh day
when the registered Taxable Person is obligated to do so under the Tax following the deadline for payment, on
Law. the amount of tax which is still unpaid.

- (1%) daily penalty charged on


any amount that is still unpaid one
calendar month following the deadline
for payment with upper ceiling of
(300%).

A Person not accounting for any tax that may be due on import of goods as
(50%) of unpaid or undeclared tax.
required under the Tax Law.
Violations and Administrative Penalties related to the Implementation of
the Federal Decree-Law No. (8) of 2017 on Value Added Tax
Administrative Penalty
Description of Violation
(Dirhams)
Failure by the Taxable Person to display prices inclusive of Tax. -15,000

Failure by the Taxable Person to notify the Authority of applying Tax


-2,500
based on the margin.

The penalty shall be the


higher of AED (50,000) or
Failure to comply with conditions and procedures related to keeping the
(50%) of the tax, if any,
Goods in a Designated Zone or moving them to another Designated
chargeable in respect of the
Zone.
goods as the result of the
violation.

Failure by the Taxable Person to issue the Tax invoice or an alternative (5,000) for each tax invoice
document when making any supply. or alternative document.

Failure by the Taxable Person to issue a Tax Credit Note or an alternative (5,000) for each tax credit
document note or alternative document.

Failure by the Taxable Person to comply with the conditions and


(5,000) for each incorrect
procedures regarding the issuance of electronic Tax Invoices and
document.
electronic Tax Credit Notes
Tax Refunds – Application
The Authority shall, within (20) business days of an application being
submitted, review the application and notify said Taxpayer of accepting
or rejecting the refund claim. Where the Authority has reasonable
grounds for requiring a period longer than (20) business days to
consider his application, it shall notify the relevant Taxpayer thereof.

103
Tax Refunds – Upon approval
Where the Authority has approved a refund application in accordance
with Clause (2) of this Article, it shall, within (5) business days of the
approval, either make the appropriate payment to the Person or notify
the Person that the Authority will offset the amount requested to be
refunded against any other Payable Tax or Administrative Penalties
due, or to notify the Person that the refund will be postponed until all
due Tax Returns are submitted to the Authority; any amount in excess
of such liability shall be refundable in conformity with the conditions
contained in the Tax Law ..
104
Federal Dec-Law
No. 8 of 2017
And Related Executive Regulations
105
UAE VAT

There will be a single VAT filing where we have to


separate the information at three levels
1. Emirates Level
2. GCC Level and
3. International
VAT Territory

The importance of the territorial scope

For transactions carried out


within the VAT territory, GCC VAT will apply.

outside the VAT territory, GCC VAT does not apply.

The three main territories are displayed in the


graphic
Taxable persons

There are two conditions to be a taxable person:

1) Carrying out economic activity

2) Independently
Taxable Person

Supply must be made by a taxable


person

A taxable person is any individual,


partnership, company, club or
association which is, or is required to
be registered for VAT
Transactions

Supply of goods: Tangible property with


no service element included.
As per Article 5 of UAE VAT Law (Draft), the supply
of the goods is
Transfer of ownership of the Goods or the right to
use them to another Person
Entry into a contract between two parties entailing
the transfer of Goods at a later time.
Transactions

A supply of Services shall be every


supply that is not considered a “supply
of Goods” (Article 6)
What constitutes supply of goods and services?

The following supplies shall constitute supply of goods


[Article 5; GCC VAT Agreement]:
•Transfer of ownership of goods or the right to dispose
such goods as the owner
•Financial leasing arrangements
•Granting the right to use real estate property
•Compulsory transfer of ownership in goods for a
consideration pursuant to a court order
Taxable supplies: breaking down the detail

Goods vs. Services Consideration In the UAE

▪ Goods = the passing of ▪ Consideration is ▪ Place of supply


ownership of physical anything received in return rules determine where
property or the right to for a supply
the supply is ‘made’
use that property as an ▪ If the consideration is for VAT purposes
owner, to another person only money, the value of that
supply is the amount of ▪ Where the
▪ Services = anything money received supply is made within
which is not a supply of the UAE, UAE VAT will
goods is a supply of ▪ Consideration is be due
services treated as VAT inclusive, so
the amount received in
payment includes an element ▪ There are
of VAT for taxable supplies different place of
supply rules for goods
and services
Supply of goods and services – Exceptions (article 7)

As an exception to what is stated in Articles (5) and (6) of UAE VAT Law
(Draft), the following shall not be considered a supply:

•The sale or issuance of any Voucher unless the received


Consideration exceeds its advertised monetary value

•The transfer of whole or an independent part of a Business from a


Person to a Taxable Person for the purposes of continuing the Business
that was transferred.
Supply Via Agent (article 9)

•The Supply of Goods and Services through an agent acting in


the name of and on behalf of a principal is considered to be a
supply by the principal and for his benefit.

•The Supply of Goods and Services through an agent acting in


his name is considered to be a direct supply by the agent and
for his benefit.
Deemed Supplies (article 11)

•The following cases shall be considered as Deemed Supply:


•A supply of Goods or Services, which constituted the whole assets of
a Taxable Person or a part thereof, but are no longer considered to be
as such, provided that the supply was made without Consideration.

•The transfer by a Taxable Person of Goods that constituted a part of


his business assets from the State to another Implementing State, or
from the Taxable Person’s business in an Implementing State to his
Business in the State, except in the case where such transfer:
a. Is considered as temporary under the Customs Legislation.
b. Is made as part of another Taxable Supply of these Goods.
Deemed Supplies (article 11)

•The following cases shall be considered as Deemed


Supply:
•A supply of Goods or Services for which Input Tax may be
recovered but the Goods or Services were used, in part or
whole, for purposes other than Business, and such supply
shall be considered as deemed only to the extent of the
use for non-business purposes.
•Goods and Services that a Taxable Person owns at the
date of Tax Deregistration.
Type of supplies- Zero rated (Article 45)

The Zero rate shall apply to the following Goods and


Services:
A direct or indirect Export to outside the Implementing States

International transport of passengers and Goods which starts


or ends in the State or passes through its territory, including
also services related to such transport.
Type of supplies- Zero rated (Article 45)

The Zero rate shall apply to the following Goods and


Services:
Air passenger transport in the State if it is considered an
“international carriage” pursuant to Article (1) of the Warsaw
Convention for the Unification of Certain Rules Relating to
International Carriage by Air 1929.

Supply of air, sea and land means of transport for the


transportation of passengers and Goods as specified
Type of supplies- Zero rated (Article 45)

5. Supply of Goods and Services related to the


supply of the means of transport mentioned in
Clause (4) of this Article and which are designed for
the operation, repair, maintenance or conversion of
these means of transport.
.
Type of supplies- Zero rated (Article 45)

6. Supply of aircrafts or vessels designated for


rescue and assistance by air or sea.

7. Supply of Goods and Services related to the


transfer of Goods or passengers aboard land, air or
sea means of transport pursuant to Clauses (2) and
(3) of this Article, designated for consumption on
board; or anything consumed by any means of
transport, any installations or addition thereto or any
other use during transportation.
Type of supplies- Zero rated (Article 45)

8. The supply or Import of investment precious


metals.

9. The first supply of residential buildings within (3)


years of its completion, either through sale or lease
in whole or in part.
Type of supplies- Zero rated (Article 45)

10. The first supply of buildings specifically designed to be


used by Charities through sale or lease.

11. The first supply of buildings converted from non-


residential to residential through sale or lease according to
the conditions specified in the UAE VAT Law.
Type of supplies- Zero rated (Article 45)

12. The supply of crude oil and natural gas.


13. The supply of educational services and related Goods
and Services for nurseries, preschool, elementary
education, and higher educational institutions owned or
funded by Federal or local Government.
14. The supply of preventive and basic healthcare Services
and related Goods and Services.
Type of supplies- Zero rated (Article 45)

The supply or Import of investment precious metals.

The first supply of residential buildings within (3) years of


its completion, either through sale or lease in whole or in
part.
Type of supplies- Zero rated list

The following supplies must be treated as zero rated


supplies in the Member States:
• Medicine and medical equipment according to unified
controls proposed by Ministers of Health Committee
[Article 31; GCC VAT Agreement]
• Goods and passenger transportation services and other
allied services [Article 32; GCC VAT Agreement]: −Between
one Member State to another −International transport from
and to the GCC territory
Type of supplies- Zero rated list

• Goods exported outside GCC territory [Article 34(1a); GCC


VAT Agreement]
• Supply of services by a taxable person in a Member State
to a nonresident customer of GCC territory who benefits
from the service outside the GCC[Article 34(1d); GCC VAT
Agreement]
• Supply of investment gold, silver and platinum (99% purity
or more) [Article 35(2); GCC VAT Agreement] • First supply
after extraction of gold, silver and platinum [Article 35(3);
GCC VAT Agreement]
Type of supplies- Flexibility for zero rate and
exempt

• GCC VAT Agreement provides that the VAT will be charged at a


standard rate of 5% unless the goods or services are exempt, zero
rated or out of scope [Article 25; GCC VAT Agreement]

• Each Member State will have the flexibility to either exempt or zero
rate the following type of supplies [Article 29(1); GCC VAT Agreement]:
• Education
• Real Estate
• Health
• Local transport
Type of supplies- Exempt supplies (Article 47)

•The following supplies shall be exempt from Tax:


•Financial services.
•Supply of residential buildings through sale or lease,
other than that which is zero-rated according to Clauses
(9) and (11) of Article (45) of this Decree-Law.
•Supply of bare land.
•Supply of local passenger transport
Type of supplies- Exempt supplies (Article 47)

• Importation of goods which are exempted or zero rated in the


country of importation [Article 38(1); GCC VAT Agreement]
• Importation of goods that are exempted from customs [Article
38(2); GCC VAT Agreement]: −Diplomatic exemptions −Military
exemptions −Personal luggage and household appliances
accompanying citizens residing outside the country and
foreigners coming to reside in the country for the first time
−Imports for non-profit charity organizations that are not
required to pay VAT on purchases −Imports of returned goods
Type of supplies- outside the scope
Following supplies will be considered as supplies outside the scope of
VAT:

• Supplies not made within the GCC territory


• Supplies not made in the course of furtherance of business or commerce
• Exceptions to payment of VAT in Special Cases [Article 30; GCC VAT
Agreement]:
• The following categories may be excluded from payment of VAT or
allowed to re-claim input tax on receipt goods or services in a Member
State: −Government bodies designated by each Member State −Charities
and public service establishments designated by each state −Companies
exempted as per the International Event Hosting Agreements −Citizens of
Member State when constructing homes for private use −Farmers and
fishermen who are not required to register for VAT
Place of supply

If the supply is treated as made outside the UAE: no UAE VAT will be charged
If the supply is treated as made in the UAE: VAT may be charged

Goods Services

▪ Basic rule: the place of supply is the ▪ Basic rule: the place of supply is where the
location of goods when the supply supplier has the place of residence
takes place
▪ Special rules, for example:
▪ Special rules, for example:
❖ Cross-border supplies of services
❖ Cross-border supplies of goods – between businesses
that is supplies which involve
❖ Electronically supplied services – where
parties in different countries
services are used or enjoyed
❖ Water and energy
❖ Real estate
Place of supply | Goods | Basic rule examples (1/2)

Domestic Supplies Exports to outside the GCC

− No movement of goods outside the UAE − Export of goods: place of supply is still the
− Subject to the applicable VAT rate in the UAE – UAE
standard or zero-rated

Abu Dhabi UAE

UK
Dubai

35
Place of supply | Goods | Basic rule examples (2/2)

B2B Import into UAE


from outside GCC
−Import of goods: place of supply is the UAE
−The recipient accounts for VAT under the reverse
charge mechanism EXCEPT where goods will be re-
exported to VAT implementing state – see next
page for details
UK

UAE
Place of supply | Goods | Special rules for GCC (1/3)

Arrival of goods followed by movement of goods within GCC

A
Where at the time of arrival the intention is that goods
will be transferred by the importer into another
implementing state, the place of supply of import is still
the UAE BUT…

➢ The importer must pay import VAT without


using the reverse charge (no recovery) UAE
➢ This import VAT should be recoverable in the
implementing State to which the goods are
transferred
B
Where import VAT is paid and recovered (on the basis
of no intended movement), the importer will be KSA
required to “repay” the import VAT by treating the
transfer as a deemed supply subject to VAT.
Place of supply | Goods | Special rules for GCC (2/3)

B2B Exports to GCC


Export of goods: place of supply is the
VAT Implementing State (e.g. KSA) provided:
➢ the customer is registered for VAT in the
VAT Implementing State where the goods are delivered;
and
➢ the goods are exported outside the UAE

UAE

KSA
Place of supply | Goods | Special rules for GCC (3/3)
Below threshold Exceeding threshold

➢ Supplier is registered in ➢ Supplier is registered in UAE


UAE and sells and sells
goods from UAE to KSA goods from UAE to KSA
➢ Customer in KSA is not ➢ Customer in KSA is not
registered for tax registered for tax
➢ Total amount of exports ➢ Total amount of exports by
by supplier remains below supplier exceeds the mandatory
the mandatory registration registration threshold in KSA
threshold in KSA ➢ Place of supply is KSA and
➢ Place of supply is UAE KSA VAT
and UAE VAT is should be charged
due

UAE UAE

KSA KSA
Place of supply | Services | Key rules (1/3)

1
Services Place of supply of services supplied to
 Basic rule: the place of supply is recipients who are VAT registered in VAT
where the supplier has the place Implementing State is that other State unless
the place of supply is the UAE for another
of residence
reason
2
 Special rules, for example: Place of supply of services supplied by a person
❖ Cross-border supplies of services that is not resident in the UAE to a VAT
between businesses registered business resident in the UAE is in the
UAE
❖ Electronically supplied services –
where services are used or 3
enjoyed Place of supply of services relating to the
installation of goods is where the service is
performed
IMPORTANT: the basic rule always applies
unless overridden by a special rule
Place of supply | Services | Key rules (2/3)

4
Services
 Basic rule: the place of supply is Place of supply of restaurant, hotel and
where the supplier has the place catering services is where they are performed
of residence

5
 Special rules, for example:
❖ Cross-border supplies of services Place of supply of real estate services is
between businesses the location of the real estate

❖ Electronically supplies services –


where services are used or 6
enjoyed
Place of supply of transport services is
where the transport begins
IMPORTANT: the basic rule always applies
unless overridden by a special rule
Place of supply | Services | Key rules (3/3)

7
Services
Place of supply of a means of transport to a
 Basic rule: the place of supply is person not registered for VAT in the GCC is
where the supplier has the place where the goods are put at the disposal of the
of residence recipient

8
 Special rules, for example: Place of supply of telecommunications and
❖ Cross-border supplies of services electronic services is where the services are
between businesses actually used and enjoyed by the recipient

❖ Electronically supplies services –


where services are used or 9
enjoyed Place of supply of cultural, artistic,
sporting, educational or similar services
is where they are performed
IMPORTANT: the basic rule always applies
unless overridden by a special rule
Place of Supply | Reverse charge

Services
B2B Import into UAE from outside implementing
states ▪ Basic rule: the place of supply
is where the supplier has the
▪ Import of goods: place of supply is the UAE 1
place of residence Place of supply of services supplied to recipients who
are VAT registered in VAT implementing State is
▪ The recipient accounts for VAT under the that other State unless the place of supply is the UAE
▪ Special rules, for example: for another reason
reverse charge mechanism EXCEPT where
goods will be re-exported to another GCC ❖ Cross-border supplies of
2
State – see next page for details services between Place of supply of services supplied by a person
UK businesses
that is not resident in the UAE to a VAT registered
business resident in the UAE is in the UAE
❖Electronically supplied
services – where services 3
are used or enjoyed Place of supply of services relating to the installation of
goods is where the service is performed

IMPORTANT: the basic rule always


UAE applies unless overridden by a
special rule

Requires use of the reverse charge mechanism


▪In situations where a VAT registered person imports goods or services into the UAE which would
be subject to VAT if purchased in the UAE, the VAT registered purchaser has to account for
VAT in respect of those supplies
▪ Typically used for cross-border transactions to relieve a non-resident supplier from the requirement to
register and account for VAT in the country of the purchaser
▪ The purchaser will account for VAT on its normal VAT return and he may be able to claim
that VAT back on the same return, subject to the normal VAT recovery rules
Place of Supply | Reverse Charge | Example

UAE UAE UK UAE


Legal Advice Legal Advice

AED 10,000
AED 10,000+ 5% VAT

The UK firm is
The recipient not registered
declares AED in the UAE and
The law firm 500 as input tax files no return The recipient declares
declares AED paid to the law AED 500 as input tax
500 as firm which is AND AED 500 as
tax collected recoverable output tax. This is
reverse charging

This approach puts local and international suppliers on the same footing
Place of supply – Goods (Article 27)

1. The place of supply of Goods shall be in the State if the


supply was made in the State, and does not include
Export from or Import into the State.
2. The place of supply of installed or assembled Goods if
exported from or imported into the State shall be:
•In the State if assembly or installation of the Goods was
done in the State.
•Outside the State if assembly or installation of the Goods
was done outside the State.
Place of supply – Goods (Article 27)
The place of supply of Goods that includes Export or Import shall be
as follows:
a. Inside the State in the following instances:

1.If the supply includes exporting to a place outside the Implementing


States.
2.If the Recipient of Goods in an Implementing State is not registered
for Tax in the state of destination, and the total exports from the same
supplier to this state does not exceed the mandatory registration
threshold for said state.
3.The Recipient of Goods does not have a Tax Registration Number in
the State, and the total exports from the same supplier in an
Implementing State to the State exceeds the Mandatory Registration
Threshold.
Place of supply – Goods (Article 27)

b. Outside the State in the following instances:


1 The supply includes an Export to a customer registered for Tax purposes in one of the
Implementing States.
2 The Recipient of Goods is not registered for Tax in the Implementing State to which export is
made, and the total exports from the same supplier to this Implementing State exceeds the
mandatory registration threshold for said state.
3 The Recipient of Goods does not have a Tax Registration Number and the Goods are
Imported from a supplier registered for Tax in any of the Implementing States from which
import is made, and the total imports from the same supplier to the State do not exceed the
Mandatory Registration Threshold.

4. Goods shall not be treated as exported outside the State


and then reimported if such Goods are supplied in the State
and this supply required that the Goods exit and then re-
enter the State.
Place of supply – Goods (Article 27)

b. Outside the State in the following instances:


1 The supply includes an Export to a customer registered for Tax purposes
in one of the Implementing States.
2 The Recipient of Goods is not registered for Tax in the Implementing
State to which export is made, and the total exports from the same
supplier to this Implementing State exceeds the mandatory registration
threshold for said state.
3 The Recipient of Goods does not have a Tax Registration Number and
the Goods are Imported from a supplier registered for Tax in any of the
Implementing States from which import is made, and the total imports
from the same supplier to the State do not exceed the Mandatory
Registration Threshold.
Place of supply – Goods (Article 27)

4. Goods shall not be treated as exported outside the State


and then reimported if such Goods are supplied in the State
and this supply required that the Goods exit and then re-
enter the State.
Place of supply – Water & Energy (Article 28)

•The supply of water and all forms of energy through a distribution


system, shall be considered as done in the Place of Residence of the
Taxable Trader in case the distribution was conducted by a Taxable
Person having a Place of Residence in the State to a Taxable Trader
having a Place of Residence in an Implementing State.
•The supply of water and all forms of energy through a distribution
system, shall be considered to have occurred at the place of actual
consumption, if distribution was conducted by a Taxable Person to a
Non-Taxable Person.
Place of Supply of Services (Article 29)
•The place of supply of Services shall be the Place of Residence of the
Supplier.
Place of supply – Special Cases (Article 30)

As an exception to what is stipulated in Article (29) of this Decree-Law, the place


of supply in special cases shall be as follows:

1.Where the Recipient of Services has a Place of Residence in another


Implementing State and is registered for Tax therein, the place of supply shall
be the Place of Residence of the Recipient of Services.

2.Where the Recipient of Services is in Business and has a Place of Residence


in the State, and the Supplier does not have a Place of Residence in the State,
the place of supply shall be in the State.
Place of supply – Special Cases (Article 30)

As an exception to what is stipulated in Article (29) of this Decree-Law, the place of supply
in special cases shall be as follows:

3. For the Supply of Services related to Goods, such as installation of Goods supplied by
others, the place shall be where said Services were performed.

4. For the Supply of means of transport to a lessee who is not a Taxable Person in the
State and does not have a TRN in an Implementing State, the place shall be where such
means of transport were placed at the disposal of the lessee.

5. For the Supply of restaurant, hotel, and food and drink catering Services, the place shall
be where such Services are actually performed.
Place of supply – Special Cases (Article 30)
6.For the Supply of any cultural, artistic, sporting, educational or any similar services,
the place shall be where such Services were performed.
7.For the Supply of Services related to real estate, the place of supply shall be where
the real estate is located.
8.For the Supply of transportation Services, the place of supply shall be where
transportation starts.

9.Telecommunication and Electronic Services (Article 31)


1.For telecommunications and electronic Services, the place of supply shall be:
a. In the State, to the extent of the use and enjoyment of the supply in the State.
b. Outside the State, to the extent of the use and enjoyment of the supply outside the
State.
2.The actual use and enjoyment of all telecommunications and electronic Services shall
be where these Services were used regardless of the place of contract or payment.
Place of Residence (Article 32)
The Place of Residence of the supplier or Recipient of Services shall be as follows:
1.The state in which the Person’s Place of Establishment is located or where he has a
Fixed Establishment, provided that he does not have a Place of Establishment or owns a
Fixed Establishment in any other state.
2.The state in which the Person’s Place of Establishment is located or where he has a
Fixed Establishment that is the most closely related to the supply if he has a Place of
Establishment in more than one state or has Fixed Establishments in more than one state.
3.The state in which the usual Place of Residence of the Person is located if he does not
have a Place of Establishment or a Fixed Establishment in any state.
The Place of Residence of an agent shall be regarded as the Place of Residence of the
principal in the following two cases (Article 33):
1.If the agent regularly exercises the right of negotiation and enters into agreements in
favor of the principal.
2.If the agent maintains a stock of Goods to fulfill supply agreements for the principal
regularly.
Value of Supply (Article 34)

As per UAE draft VAT Law (article 34) the value of supply of Goods or Services for
Consideration shall be as follows:
1.If the entire Consideration is monetary, the value of the supply shall be the Consideration
less the Tax.
2.If all or part of the Consideration is not monetary, the value of the supply is calculated as
the overall monetary part plus the market value of the non-monetary part of the
Consideration, and shall not include the Tax.
3.For Services received by the Taxable Person who is obligated to calculate the Tax in
accordance with Clause (1) of Article (48) of this Decree-Law, the value of the supply shall
be equal to the market value of the consideration without addition of the Tax on that
supply.
4.If the Consideration is related to matters other than the supply of Goods or Services, the
value of the supply shall be equal to the part of the Consideration that is related to such
supply.
Value of Supply (Article 35)

As per UAE VAT Law (Draft), Article 35, the Import value of Goods
consists of:

The customs value pursuant to Customs Legislation, including the


value of insurance, freight and any customs fees and Excise Tax
paid on the Import of the Goods. Tax shall not be included in the
Value of the Supply.

If it is not possible to determine the value pursuant to Clause (1) of


this Article, the value shall be determined based on alternate
valuation rules stated in the applicable Customs Legislation..
Import supplies

► In the GCC, for VAT purposes import is described as the arrival of


goods in a GCC member state from a third country (i.e., a country that
is not a member of the GCC)
► Customs duties may be due upon importation in accordance with
commodity code
► VAT is due in accordance with local VAT legislation
Value of Supply (Article 36&37)

As an exception to Articles (34) and (35) of this VAT-Law,


• The value of the supply or Import of Goods or Services between Related Parties shall
be considered equal to the market value if the following conditions are met:
1. The value of the supply is less than the market value.
2. If the supply is a Taxable Supply and the Recipient of Goods or Recipient of
Services does not have the right to recover the full Tax that would have been
charged to such supply as Input Tax (Article 36)
• The value of the supply in the case of a Deemed Supply when the Taxable Person
purchases Goods or Services to make Taxable Supplies but does not use those
Goods or Services for that purpose, will be equal to the total cost incurred by the
Taxable Person to make this Deemed Supply of Goods or Services (Article 37)
Value of Supply (Article 40)

The value of supply of a Voucher is the difference between the consideration received by
the supplier of the Voucher and the advertised monetary value of the Voucher (Article 40)

The value of supply for postage stamps that allow the user to use postal services in the
State shall be the amount shown on the stamp (Article 41)

If Goods are transferred temporarily from the domestic market into a Designated Zone or
outside the State for completing the manufacturing or repair in order to re-import them into
the State, the value of the supply when re-Imported shall be the value of the Services
rendered (Article 42)
Intra GCC goods
An intra-GCC supply in one Member State is matched by a (usually) taxed intra-GCC acquisition in
another Member State

Intra-GCC acquisition: Subject to VAT at the standard rate in the Member State of arrival (self-
assessment)

► Intra-GCC self supplies or transfer of goods: Movement of a business’ own goods from one Member
State to another Member State
Export supplies
In non GCC countries, export is described as the dispatch of goods to another territory
(other country)

► In the GCC, for VAT purposes, export is described as the dispatch of goods from a GCC
Member State to a third country (i.e., a country that is not a member of the GCC)
► Subject to the VAT 0% rate provided specific conditions are met

► Documentation proving export of goods is in place (the exact set of documents may
vary from jurisdiction to a jurisdiction)
► Additional invoice requirements in some jurisdictions
Export of goods

UAE (PLACE OF SUPPLY IS UAE)

GOODS ARE DELIVERED VAT IS ZERO RATED

UK/FRANCE/OUTSIDE GCC
Two Major Types of Consulting Companies:

Located in Free Zone (non- Located in Mainland UAE


fenced) (Non Free Zone)

The following slides assume that the non fenced free zone (e.g DIFC, Dubai Internet
City, DMCC etc) will be treated as onshore companies.

The Business conducted within the Designated Zones will be regarded as being
conducted in the State (article 52)
Time of supply

When to account for output VAT on supplies?


•Time of supply determines when the liability to account for output VAT arises
•Basic tax point in case of supply of goods or services differs
•Basic tax point for goods:
•Date of removal of goods (in case of supply of goods with transportation) [Article
23(2a); GCC VAT Agreement]
•Date on which goods made available to customer (in case of supply not
involving transportation) [Article 23(2b); GCC VAT Agreement]
•Date of assembly/ installation (supply of goods involving assembly or
installation) [Article 23(2c); GCC VAT Agreement]
Basic tax point for services:
•Date on which performance of service is complete [Article 23(2d); GCC VAT
Agreement]
Time of supply (Article 25)
Tax shall be calculated on the date of supply of Goods or Services, which shall be
earlier of any of the following dates:
•The date on which Goods were transferred, if such transfer was under the
supervision of the supplier.
•The date on which the Recipient of Goods took possession of the Goods, if the
transfer was not supervised by the supplier.
•Where goods are supplied with assembly and installation, the date on which the
assembly or installation of the Goods was completed.
•The date on which the Goods are Imported under the Customs Legislation.
•The date on which the Recipient of Goods accepted the supply, or a date no later
than (12) months after the date on which the Goods were transferred or placed under
the Recipient of Goods disposal, if the supply was made on a returnable basis.
•The date on which the Services were completed.
•The date of receipt of payment or the date on which the Tax Invoice was issued.
Time of supply – Special Cases (Article 26)
1. The date of supply of Goods or Services for any contract that includes periodic
payments or consecutive invoices is the earliest of any of the following dates,
provided that it does not exceed one year from the date of the provision of such
Goods and Services:
•The date of issuance of any Tax Invoice.
•The date payment is due as shown on the Tax Invoice.
•The date of receipt of payment.
2. The date of supply, in cases where payment is made through vending machines,
shall be the date on which funds are collected from the machine.
3. The date of Deemed Supply of Goods or Services is the date of their supply,
disposal, change of usage or the date of Deregistration, as the case may be.
4. The date of a supply of a voucher is the date of issuance or supply thereafter.
Time of Supply

Determines which VAT return to account for output


VAT
Basic Tax Point
Goods
Services
When goods “removed”
When services
from supplier to
are “performed”
purchaser

For continuous supply of services, there


is no “basic tax point” so “payment” and
“invoice” are used
Time of tax applicability – Time of supply

➢ Date of supply determines time of tax applicability i.e. VAT period in which it must be reported in the VAT return and it varies
from transaction to transaction. Below, we will explore some of common scenarios to determine date of supply.

Scenario 1: Sales of goods without transportation i.e. transportation is to be arranged by customer:

Order received Goods picked up Invoice raised payment received

15 – Jan - 2018 30 – Jan - 2018 02 – Feb - 2018 02 – Apr - 2018

Tax
point
Scenario 2: Sales of goods with transportation i.e. transportation is to be arranged by customer:

Order received Goods ready for delivery Goods transferred Invoice raised payment received

15 – Jan - 2018 30 – Jan - 2018 02 – Feb - 2018 02 – Feb - 2018 02 – Apr - 2018

Tax
point
Time of tax applicability – Time of supply

Scenario 3: Sales of goods with assembly and installation :

Components assembles
and installation
Components
Order received components ready for delivery completed Invoice raised
delivered

15 – Jan - 2018 30 – Jan - 2018 02 – Feb - 2018 02 – Feb - 2018 05 – Feb - 2018

Tax
point
Scenario 4: Sales of goods with periodic payments by customer:
75% Balance
Contract
25% advance received Goods delivered Invoice raised payment due date payment received
signed

26 – Mar -
15 – Jan - 2018 30 – Jan - 2018 25 – Feb - 2018 26 – Feb - 2018 02 – Apr - 2018
2018

Tax Tax
point point
Time of tax applicability – Time of supply

Scenario 5: Sales of services:

Order received Start of provision of service Service completed Payment received


Invoice raised

15 – Jan - 2018 30 – Jan - 2018 02 – Feb - 2018 02 – Feb - 2018 05 – Feb - 2018

Tax
point

Scenario 6: Sales of service with advance payment by customer:


Contract
50% advance received Service commenced service completed final invoice raised
signed

26 – Mar -
15 – Jan - 2018 30 – Jan - 2018 25 – Feb - 2018 02 – Apr - 2018
2018

Tax Tax
point point
Time of tax applicability – Time of supply

Scenario 7: Consignment stock or where invoice is raised before delivery of goods:

Order received Invoice raised Payment received Goods taken

15 – Jan - 2018 30 – Jan - 2018 02 – Feb - 2018 28 – Feb - 2018

Tax
point
Input Tax Recovery | Conditions

In order for input tax to be deductible by a person, a number of conditions must be satisfied
by the recipient of the supply:

1) Recipient must be a taxable person and must be registered for VAT

2) VAT on the purchase must have been correctly charged by the supplier

3) The goods or services have been acquired for an eligible purpose

4) Recipient must have received and retained a tax invoice evidencing the transaction

5) The amount of VAT which the recipient seeks to recover must have been paid in whole
or in part, or intended to be paid in whole or in part

6) Certain incurred VAT is specifically blocked from being recoverable as input tax
regardless of whether the above conditions have been met
Input Tax Recovery | Conditions | Repayment returns

▪ Businesses making primarily zero-rated supplies will normally be in a repayment position i.e. they may
be due a net refund of VAT from the FTA

▪ Businesses in a repayment position will make a claim for repayment of the input tax via the VAT
return

✓ The FTA will approve refund claims or notify the taxable person of a rejection of the refund claim
within 20 working days

✓ The FTA may also notify the taxable person that consideration of the claim will take longer than 20
working days
VAT RETURN Net value Output tax due Input tax recoverable Total
on sales on purchases
Sales of goods exported outside 100,000 0 - 0
the GCC
Local purchase of goods & 60,000 - 3,000 (3,000)
services
Net VAT payable (recoverable) (3,000)
from FTA
Input Tax paid before Registration (Article 56)

1. A Registrant may recover Recoverable Tax incurred before Tax Registration on the Tax
Return submitted for the first Tax Period following Tax Registration, which has been paid
for any of the following:
• Supply of Goods and Services made to him prior to the date of Tax Registration.
• Import of Goods by him prior to the date of Tax Registration.
Provided that these Goods and Services were used to make supplies that give the right to
Input Tax recovery upon Tax Registration.
2. As an exception to the provisions of Clause (1) of this Article, Input Tax may not be
recovered in any of the following instances:

a. The receipt of Goods and Services for purposes other than making Taxable Supplies.
b. Input Tax related to the part of the Capital Assets that depreciated before the date of Tax
Registration.
c. If the Services were received more than five years prior to the date of Tax Registration.
d. Where a Person has moved the Goods to another Implementing State prior to the Tax
Registration in the State.
Apportionment & Adjustment of Input Tax (Article 58&59)

1. The Executive Regulation of this Decree-Law shall specify the method in which the Input Tax that may
be recovered is calculated, if Input Tax is paid for Goods or Services during a specific Tax Period to
make supplies that allow recovery under Article (54) and others that do not allow recovery, or for
activities conducted that are not in the course of doing the Business.

The Executive Regulation of this Decree-Law shall specify the conditions and mechanism for adjusting
Input Tax in the following cases:

1. If the Taxable Person attributes the Input Tax, either fully or partially, to make Taxable Supplies, but
changed the use, or the intended use, of those Goods or Services prior to making the Taxable Supplies.

2. If the Taxable Person attributes the Input Tax, either fully or partially, to make Exempt Supplies, or for
activities that do not fall within the conduct of Business, but changed the use or the intended use of
the those Goods or Services related to the Input Tax prior to making Exempt Supplies.
Input tax apportionment

No*
No
Business?
recovery

Yes Yes

Yes

Taxable Mixed Exempt

Calculate recoverable portion of ‘mixed’


input tax by reference to the ratio of
input tax relating to taxable supplies to
the total input tax incurred.
Capital Assets Scheme (Article 60)

1. If a Capital Asset is supplied or imported by a Taxable Person, the latter shall assess the
period of use of such asset and make the necessary adjustments to the Input Tax paid
pursuant to the Capital Assets Scheme.
2. A Taxable Person shall keep the records related to Capital Assets for at least ten years.
3. The Executive Regulation of this Decree-Law shall specify the following:
a. Capital Assets subject to the provisions of this Decree-Law and their estimated useful
life.
b. The method of adjusting Capital Assets and the periods for which adjustments should be
made.
c. Instances where the period for keeping records of Capital Asset records is extended.
Capital Assets Scheme

▪ Adjustment of VAT recovery on costs incurred relating to large value capital assets with a
long useful life

▪ Intended to reflect the use of the asset for taxable or exempt purposes over its useful life –
intended use of the asset may change over time and VAT recovery based on intended first
use may not fairly reflect its use over time

WHAT?

Qualifying assets > 5,000,000 AED on which VAT was payable:

➢ building or a part thereof: useful life > 120 months


➢ other than building or parts thereof (e.g. computer): useful life > 60 months

ON WHAT PERIOD?

➢ building or a part of a building – 10 years

➢ Assets other than a building – 5 years


Capital Assets Scheme – adjustment calculation

Year recover input tax incurred on the purchase of the asset based
on the expected taxable use of the asset e.g. 100% taxable
1:
use, therefore recover all input tax incurred in full

Year 2 – adjust input tax recovery for that year based on that year’s
10: taxable use
e.g. total input tax incurred / 10 years = input tax for year 2 x
difference between initial recovery percentage and actual
taxable use Additional VAT
Total input tax on capital (Original
item recoverable from FTA
X taxable use % – = /additional VAT
Adjustment period actual taxable
payable to FTA
use %)
Adjustment of Tax after the Supply Date

Instances and Conditions for Output Tax Adjustments (Article 61)

1. A Registrant shall adjust Output Tax after the date of supply in any of the following instances:

a. If the supply was cancelled.


b. If the Tax treatment of the supply has changed due to a change in the nature of the supply.
c. If the previously agreed Consideration for the supply was altered for any reason.
d. If the Recipient of Goods or Recipient of Services returned them to the Registrant in full or in
part and the Consideration was returned in full or in part.

e. If the Tax was charged in error.


2. Paragraph (e) of Clause (1) of this Article shall not apply where the place of supply was treated

by the supplier at the Date of Supply as being subject to Clause (1) of Article (27), but, as a result
Adjustment of Tax after the Supply Date

Instances and Conditions for Output Tax Adjustments (Article 61)

3. In order to adjust the Output Tax any of the following conditions shall be met:
a. If the Output Tax amount charged on the supply stated in the Tax Invoice does
not match the Tax that should actually be charged on the supply as a result of
any of the events mentioned in Clause (1) of this Article.
b. If the Registrant submits a Tax Return for the Tax Period during which the
supply occurred and an amount was incorrectly calculated as being the
amount of Output Tax due for this supply as the result of any of the events
mentioned in Clause (1) of this Article.

.
Adjustment of Tax after the Supply Date

Mechanism for Output Tax Adjustment (Article 62)

The Output Tax shall be adjusted according to the following:

1. If the Output Tax due for the supply exceeds the Output Tax calculated
by the Registrant, the Registrant shall issue a new Tax Invoice for the
additional amount of Tax and calculate the additional Tax due for the
Tax Period during which such an increase was identified.
2. If the Output Tax calculated by the Registrant exceeds the Output Tax
which should have been charged on the supply, the Registrant shall
issue a Tax Credit Note according to the provisions of this Decree-Law.
Adjustment of Tax after the Supply Date
Adjustment due to the Issuance of Tax Credit Notes (Article 63)

Without prejudice to Clause (2) of Article (62) of this Decree-Law, if the


Registrant issues a Tax Credit Note to correct Output Tax charged to the
Recipient of Goods or Recipient of Services, the Tax stated in the Tax Credit
Note shall be considered as:

1. A reduction of the Output Tax for the Registrant of this Tax Credit Note.

2. A reduction of the Input Tax by the Recipient of Goods or Recipient of


Services for the Tax Period during which the Tax Credit Note was received.
Adjustment of Tax after the Supply Date
Adjustment for Bad Debts (Article 64)

1. A Registrant supplier may reduce the Output Tax in a current Tax Period to adjust the Output
Tax paid for any previous Tax Period if all of the following conditions are met:

a. Goods and Services have been supplied and the Due Tax has been charged and paid.
b. Consideration for the supply has been written off in full or part as a bad debt in the accounts
of the supplier.

c. More than six (6) months has passed from the date of the supply.
d. The Registrant supplier has notified the Recipient of Goods and the Recipient of Services of
the amount of Consideration for the supply that has been written off.
Adjustment of Tax after the Supply Date

Adjustment for Bad Debts (Article 64)

2. The registered Recipient of Goods or Recipient of Services shall reduce the Recoverable Input Tax for the
current Tax Period related to a supply received during any previous Tax Period where the Consideration has
not been paid and all of the following conditions are met:

a. The registered supplier reduced the Output Tax as stated in Clause (1) of this Article and the Recipient of
Goods and the Recipient of Services has received a notification from the

b. supplier of the Consideration being written off.


c. The Recipient of Goods and Recipient of Services received the Goods and Services and
d. the relevant Input Tax was deducted.
e. The Consideration was not paid in full or in part for the supply for over (6) six months.
3. The reduction stated in Clause (1) and (2) shall be equal to the Tax related to the Consideration which has
been written off according to paragraph (b) of Clause (1) of this Article.
Tax Invoices – Conditions and requirements
(Article 65)

1. A Registrant making a Taxable Supply shall issue an original Tax Invoice and deliver it to the Recipient of Goods or Recipient of Services.

2. A Registrant making a Deemed Supply shall issue an original Tax Invoice and deliver it to a Recipient of Goods or Recipient of Services if
available or keep it in his records if there is no Recipient of Goods or Recipient of Services.

3. The Executive Regulation of this Decree-Law shall specify the following:

a. Data to be included in the Tax Invoice.


b. The conditions and procedures required to issue an electronic Tax Invoice.
c. Instances where the Registrant is not required to issue and deliver a Tax Invoice to the Recipient of Goods or the Recipient of Services.
d. Instances where other documents may be issued in place of the Tax Invoice as well as the conditions thereof and the data to be
included therein.

e. Instances where another Person may issue a Tax Invoice on behalf of the registered supplier.
4. Any Person who receives an amount as Tax pursuant to any document issued by him shall pay this amount to the Authority even if it is not
due.

5. The Registrant shall issue a Tax Invoice within 14 days as of the date of supply as stated in Article (25) of this Decree-Law (article 67)
VAT invoicing and Record keeping

VAT Invoice
•The invoice date and invoice number
•The type of supply
•The quantity and a description of the goods supplied,
•Company’s name and address
•The name and address of the customer.
•Company’s VAT registration number.
•The date of supply (the tax point).
•The rate of VAT for each supply.
•The VAT-exclusive amount for each supply.
•The total VAT-exclusive amount.
•The amount of VAT payable.
Credit Notes– Conditions and requirements
(Article 70)

1. The Registrant shall issue an original Tax Credit Note when a


reduction of Output Tax occurs in relation to any supply made by
him according to Clause (2) of Article (62) of this Decree-Law and
deliver the same to the Recipient of Goods or Recipient of
Services.
2. When making a Deemed Supply, the Registrant shall issue an
original Tax Credit Note when a reduction occurs to the Output
Tax in relation to such supply according to Article (61) of this
Decree-Law and shall keep the same in his records.
Credit Notes– Conditions and requirements
(Article 70)

3. The Executive Regulation of this Decree-Law shall specify the following:

a. Basic data that should be included in the Tax Credit Note in instances where the
Taxable Person is required to issue this Note.

b. The conditions and procedures required for the issuance of an electronic Tax Credit
Note.

c. Instances where the Registrant is not required to issue and deliver a Tax Credit Note to
the Recipient of Goods or the Recipient of Services.

d. Instances where other documents may be issued in place of the Tax Credit Note as well
as conditions for the issuance of such document and the data to be included therein.

e. Instances where another Person may issue a Tax Credit Note on behalf of the registered
supplier.
Excess Recoverable Tax (Article 74)

1. The Taxable Person shall carry forward any excess of Recoverable Tax to the subsequent Tax Periods and offset

such excess against Payable Tax or any Administrative Penalties imposed under this Decree-Law or Federal Law

No. (7) of 2017 on Tax Procedures in subsequent Tax Periods until such excess is fully utilised, in the following

cases:

a. If the Taxable Person’s Recoverable Input Tax set forth in this Decree-Law exceeds the Output Tax payable for
the same Tax Period.

b. If the Tax paid to the Authority by the Taxable Person exceeds the Payable Tax according to the provisions of
this Decree-Law, other than in the instance mentioned in paragraph (a) of Clause (1) of this Article.

2. If there remains any excess for any Tax Period after being carried forward for a period of time, the Taxable Person

may apply to the Authority to reclaim the remaining excess. The Executive Regulation of this Decree-Law shall

specify the time limits, procedures and mechanisms of returning any remaining excess to the Taxable Person.
Tax Recovery in Special Cases (Article 75)
The Authority may according to the conditions, restrictions and procedures specified in the Executive
Regulations of this Decree-Law, return Tax paid for any supply received by or Import carried out by anyone
of the following:

1. A A citizen of the State in respect of the Goods and Services related to the construction of a new
residence that is not part of the Person’s Business.

2. A Non-Resident, who is not a Resident of an Implementing State and conducts a Business and is not a
Taxable Person.

3. A Non-Resident, for Goods supplied to him in the State and that will be exported.

4. Foreign governments, international organisations, diplomatic bodies and missions according to treaties
that the State is a party to.

5. Any Persons or classes listed in a Cabinet Decision issued at the suggestion of the Minister.
Accounting for
VAT

190
VAT Calculations
The Process
Sales Sales Sales
AED1500 + AED2800 + AED3800 +
Output vat AED75 Output Vat AED140 Output Vat AED190
Purchase
Purchase
AED2800 +
AED1500 +
Input Vat AED140
Input Vat AED75
The The Stores
The The consumers
A farmer who grows farmer Processed the The factory stocked collects Consumer
factory buys the finished
coffee and sold the collects coffee beans and the finished goods VAT from bears the
collects goods
coffee beans to a VAT from turned it into instant to the Stores the Final VAT
manufacturer the coffee VAT from consumer charged
Factory the Stores s on
on behalf on behalf behalf of
of the of the the Gov’t
Gov’t Gov’t

FARMER 75 - 0 = AED75

FACTORY 140 - 75 = AED65

RETAILER 190 - 140 = AED50


4.4 VAT Calculations
VAT Calculation based on the scenario above
5% VAT
Net VAT payable to the
Entities SALES Purchases/costs Sales Purchases
Authorities
(Output Tax) (Input Tax)
A B C = (A x 5%) D = (B x 5%) E=C- D

Farmer 1,500 - 75 - 75
Factory 2,800 1,500 140 75 65
Retailer 1 3,800 2,800 190 140 50
You - 4,000 - - -
Total VAT paid to the Government 190
PRINCIPLES OF VAT -Introduction

AED1000 + AED2000 +
AED50 (VAT) AED100 (VAT)

AED150(VA
AED3000 +

T)
AED5000 +
AED250
Consumer bears VAT in full, the tax authority would receive the VAT in
stages.

AED1000 + AED2000 +
AED50 (VAT) AED100 (VAT)

AED150(VA
AED3000 +

T)
AED5000 +
AED250
PRINCIPLES OF VAT -Introduction

VAT collected by a business from their customers is called


output VAT

VAT paid by a business on its costs is referred to input


VAT

A VAT registered business will only pay the difference to


the tax authority

Tax payable= output VAT – Input VAT


Input VAT is greater than output VAT= Tax refund
The standard rate of VAT in the GCC is 5% as per the draft
GCC agreement
PRINCIPLES OF VAT -Introduction

AED1000 + AED2000 +
AED50 (VAT) AED100 (VAT)

AED150(VA
AED3000 +
100 – 50 = AED50

T)
250 – 200 = AED50

AED5000 +
AED250
SUMMARY OF VAT PAYMENT

Organization INPUT VAT OUTPUT VAT PAYABLE


(AED) (AED) (AED)

Farmer 0 50 50

Factory 1 50 100 50

Factory 2 100 150 50

Stitching Unit 150 200 50

Retail 200 250 50


Customers 250 - -
Total Paid to FTA AED250
Special Topics
on Free zones
And Related Executive Regulations
198
TAX TREATMENT FOR COMPANIES INSIDE THE STATE

Outside the State Inside the State Outside the State

2
Reverse
charge 3
Exporter into the 0%
State “c” Importer from the State
“d”
1
4
5% Company “a”
5%
Supplier of
Goods or
services “b”
No Event Impact on “a”
1 Supplier “b” inside the State makes supplies to company “a” and charges 5% VAT that will be paid by company “a” No impact, if A is registered.
5%, if A is not-registered.
2 Exporter into the State “c” , is outside the State, makes supplies to company “a” inside the State. Company “a” accounts
-
for VAT and deducts the same via its tax return according to the reverse charge mechanism.
3 Company “a” exports goods or services to Company “d” located outside the State. This supply is zero-rated.
-

4 Company “a” made supplies inside the State and charges 5% VAT and collect tax on behalf of government. -
TAX TREATMENT FOR DESIGNATED ZONE COMPANIES -
COMPANY INPUTS

Inside the State Inside the designated zone Outside the State

5% 1

Company “b” O/S


supplier of Company
“a” Exporter
goods 3
of goods
5% 5% 4 into the
5 State “d”

Company “c”
supplier of
services” Company “f” Company “e”
supplier of supplier of
services goods
TAX TREATMENT FOR DESIGNATED ZONE COMPANIES -
COMPANY INPUTS

No. Statement Impact on “a”

Exporter “d” from outside the state, makes supplies of goods to


1 company “a” located in the designated zone without charging for VAT. -
Transaction is deemed performed outside the State.

Company “b”, a supplier of goods inside the State, makes supplies to No impact, if the company is registered.
2 company “a” located in the designated zone. Company “b” charges 5% 5%, if the company is a not-registered.
VAT to company “a” and collects tax on behalf of the government.

Company “c” makes supplies of services that will be used inside the No impact, if the company is registered.
3 State, to company “a” located in the designated zone (e.g.: insurance). 5%, if the company is a not-registered.
Company “c” charges 5% of VAT to company “a”.

4 Company “e” supplies goods to company “a” inside the designated -


zone. No VAT is charged.

5 Company “f” supplies services to company “a” inside the designated No impact, if the company is registered.
zone. Company “f” charges 5% of VAT to company “a” . 5%, if the company is a not-registered.
TAX TREATMENT FOR DESIGNATED ZONES - COMPANY
OUTPUTS

Inside the State Inside the designated zone Outside the State

2 3

5% 0%
Company
Company “c”
1
“a”
4
5% 6 5
5% 0%
0% for goods
Company
5% for services
“b”

Company “d”
No. Statement Impact on “a”

Company “a” makes supplies of services to company “b”, then 5% VAT is charged
1 Company “a” makes supplies of goods to company “b”, then the importer of record -
into the State from the designated zone to the State accounts for the VAT
Company “a” makes supplies of goods or services to individual, (i.e. recipient who is
not registered inside the State):
2 If Company “a” is registered: it charge 5% of VAT to the individual. -
If Company “a” is not registered: tax shall be charged at customs point for goods by
importer of record.
3 Company “a” in the designated zone made supplies to company “c” outside the State. -
No VAT shall be charged.
4 Company “a” in the designated zone makes supplies to consumer outside the State. -
No VAT shall be charged.
Company “a” in the designated zone makes supplies of goods in the designated zone
to company “d” located inside the designated zone without charging VAT. Company
5 “a” in the designated zone makes supplies of services in the designated zone to -
company “d” located inside the designated zone and charges 5% VAT on behalf of
government.
6 Company “a” in the designated zone makes supplies into the designated zone to a -
consumer. The company charges 5% VAT and collects it on behalf of government.
VAT Treatment
on Selected
Industries
204
A. OIL AND GAS
Items Rate
Crude oil and natural gas

205
A. OIL AND GAS
Items Rate
Other oil and gas
products including petrol
at
the pump

206
B. HEALTHCARE
Items Rate
Preventive healthcare
services including
vaccinations

207
B. HEALTHCARE
Items Rate
Healthcare services aimed
at treatment of
humans including medical
services and dental
services

208
B. HEALTHCARE
Items Rate
Other healthcare services
that are not for
treatment and are not
preventive (e.g. elective,
cosmetic, etc)

209
B. HEALTHCARE
Items Rate
Other healthcare services
that are not for
treatment and are not
preventive (e.g. elective,
cosmetic, etc)

210
B. HEALTHCARE
Items Rate
Medicines and medical
equipment not listed in
Cabinet Decision

211
B. HEALTHCARE
Items Rate
Other medical supplies

212
C. EDUCATION
Items Rate
Private and public school
education (excluding
higher education) and
related goods and
services provided by
education institution
213
C. EDUCATION
Items Rate
Higher education provided
by institution
owned by government or
50% funded by
government, and related
goods and services
214
C. EDUCATION
Items Rate
Education provided by
private higher
educational institutions,
and related goods
and services

215
C. EDUCATION
Items Rate

Nursery education and


pre-school education

216
C. EDUCATION
Items Rate
School uniforms

217
C. EDUCATION
Items Rate
Stationery

218
C. EDUCATION
Items Rate
Electronic equipment
(tablets, laptops, etc.)

219
C. EDUCATION
Items Rate
Renting of school grounds
for events

220
C. EDUCATION
Items Rate

After school activities for


extra fee

221
C. EDUCATION
Items Rate
After school activities
supplied by teachers
and not for extra charge

222
C. EDUCATION
Items Rate

School trips where


purpose is educational
and within curriculum

223
C. EDUCATION
Items Rate

School trips for recreation


or not within curriculum

224
D. Real Estate
Items Rate
Sale and rent of
commercial buildings (not
residential buildings)

225
D. Real Estate
Items Rate
First sale/rent of
residential building after
completion of construction
or conversion

226
D. Real Estate
Items Rate

First sale of charitable


building

227
D. Real Estate
Items Rate
Sale/rent of residential
buildings subsequent
to first supply

228
D. Real Estate
Items Rate

Hotels, motels and


serviced accommodation

229
D. Real Estate
Items Rate
Bare land

230
D. Real Estate
Items Rate
Land (not bare land)

231
D. Real Estate
Items Rate

UAE citizen building own


home

However, Input Vat is Recoverable


232
E. FINANCIAL SERVICES - Definition

Financial services are generally directly related to


money, dealings in money or its equivalent, or the
provision of credit.

233
E. FINANCIAL SERVICES - Types

Specialist types of finance:


•Hire-purchase, instalment credit finance, shares or
loan stock.

Peripheral activities:
•Investment brokerage and the underwriting of
securities..
234
E. FINANCIAL SERVICES - Types

General Rule on Charging VAT


VAT should be charged on financial
services where practicable to do so.

Where fees or similar readily identifiable


charges are made, these fees will generally
be liable to VAT at the standard rate.
235
E. FINANCIAL SERVICES - Types

Currency exchange: Whether effected by the exchange


of bank notes or coin, by crediting or debiting accounts,
or otherwise.

Cheque or letter of credit: The issue, payment,


collection, or transfer of ownership.

236
E. FINANCIAL SERVICES - Types

Debt security: The issue, allotment, drawing,


acceptance, endorsement, or transfer of ownership
around any interest in or right to be paid money that is,
or is to be, owing by anyone, or any option to acquire
any interest or right

Providing any loan, advance or credit.


237
E. FINANCIAL SERVICES - Types

A guarantee, indemnity, security, bond: The provision,


taking, variation, or release regarding the performance
of obligations under a cheque, credit, equity security,
debt security; and regarding activities listed for the
points above.

Providing any loan, advance or credit.


238
E. FINANCIAL SERVICES - Types

Bank Accounts: The operation of any current, deposit


or savings account

Derivatives, options, swaps, credit default swaps and


futures: The provision of transfer of ownership of these
financial instruments

239
E. FINANCIAL SERVICES - Types

Bank Accounts: The operation of any current, deposit


or savings account

Interest, principal, dividend: The payment or collection


and also the payment and collection of any other
amount regarding any debt security, equity security,
credit or contract of life insurance.
240
E. FINANCIAL SERVICES - Types

Included are : Agreeing to do, or arranging financial


services also counts as the provision of financial
services.

241
E. FINANCIAL SERVICES - How will financial services
be treated under VAT?
Generally, financial services will be subject to 5% VAT
where they are supplied for: An explicit fee; discount;
commission, rebate; or a similar type of charge.

242
E. FINANCIAL SERVICES – Effect of 5% on Input tax

These fees and charges are subject to VAT to the


extentof the amount of that separately identifiable
charge.

VAT incurred on costs wholly attributable to the


standard rated supply can be fully recovered.
243
E. FINANCIAL SERVICES – Zero rated

Zero-rated services
•Supply of financial services to a recipient established
outside the GCC.
•Supply of investment grade precious metals (gold,
silver, platinum at purity level of 99.9% and tradeable
in global bullion markets).
• VAT incurred on costs wholly attributable to the
244 standard rated supply can be fully recovered.
E. FINANCIAL SERVICES –Exempt services

Exemption
•Financial services if remuneratedby way of an implicit
margin.
•Examples: Equity security and life insurance contracts
or the provision of re-insurance for life insurance.
•VAT cannot be recovered.

245
E. FINANCIAL SERVICES – Islamic finance

Generally, VAT will be applied in the same way to an


Islamic financial arrangement as a non-Islamic
financial product that is intended to achieve the same
result as a non-Islamic financial product.

246
E. FINANCIAL SERVICES – An example of Murabaha

A commodity Murabaha entered into for lending purposes will be


treated as a loan for VAT purposes. The Regulations allow FTA to
ignore the underlying commodity trade and treat it as a direct sale to
the borrower from the vendor.

Explicit fees =
247
E. FINANCIAL SERVICES – An example of Murabaha

A commodity Murabaha entered into for lending purposes will be


treated as a loan for VAT purposes. The Regulations allow FTA to
ignore the underlying commodity trade and treat it as a direct sale to
the borrower from the vendor.

Fees made in accordance with


Shar’iah law and considered to be
the equivalent of non-Islamic
248
products=
E. FINANCIAL SERVICES – An example of Murabaha

A commodity Murabaha entered into for lending purposes will be


treated as a loan for VAT purposes. The Regulations allow FTA to
ignore the underlying commodity trade and treat it as a direct sale to
the borrower from the vendor.

Profit on deferred payment terms =

249
E. FINANCIAL SERVICES – Tax invoices

Article 65 of the UAE VAT law states that a taxable person making a
taxable supply needs to issue an original tax invoice and deliver it to
the recipient of goods or services.

5 years record retention also


applies

250
E. FINANCIAL SERVICES – Tax invoices

Certain simplifications around the issuing of tax invoices will exist:


Where the supply is made to a non-registered person, you may
choose to issue a simplified invoice regardless of the value of the
supply
Where the supply is made to a registered person, you may issue a
simplified invoice if the value of the supply is less than 10,000 AED
Monthly invoicing is currently envisaged also

251
E. FINANCIAL SERVICES – Input and Output tax
AED 50k + AED 600k
Company A AED 2,500 (exempt) Customer
(UAE) (UAE)
Service

AED 5k + AED250 Lending Company X


Company B
(KSA) (UK)
Service
(zero-rated)

Company C AED 20k + AED 1,000 Company D


(UAE)
(UAE)
252 Service AED 100k + AED 5,000
E. FINANCIAL SERVICES
Items Rate
Margin based products
(products not having
an explicit fee,
commission, rebate,
discount or
similar)
253
E. FINANCIAL SERVICES
Items Rate
Products with an explicit
fee, commission, rebate,
discount or similar

However, Input Vat is Recoverable


254
E. FINANCIAL SERVICES
Items Rate
Interest on forms of
lending (including loans,
credit cards, finance
leasing)

255
E. FINANCIAL SERVICES
Items Rate
Issue, allotment or transfer
of an equity or
debt security

256
F. GOLD, SILVER AND PLATINUM, JEWELLERY
Items Rate
>99% pure and tradable in
global markets

257
F. GOLD, SILVER AND PLATINUM, JEWELLERY
Items Rate

<99% pure

258
F. GOLD, SILVER AND PLATINUM, JEWELLERY
Items Rate

Jewelry

259
G. INSURANCE AND REINSURANCE
Items Rate

Insurance and
reinsurance (including
health, motor, property,
etc)

260
G. INSURANCE AND REINSURANCE
Items Rate

Life insurance and life


reinsurance

261
H. FOOD & BEVERAGES
Items Rate

Food and beverages

262

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