UAE VAT GeneralBriefing
UAE VAT GeneralBriefing
UAE VAT GeneralBriefing
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Agenda
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Agenda
• Introduction
• Q&A
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Introduction
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Why has VAT been implemented?
Why is the UAE implementing VAT?
• UAE Federal and Emirate governments provide citizens and residents with many
different public services (e.g. hospitals, roads, public schools, parks) that are paid
for from the government budgets.
• VAT will provide our country with a new source of income which will:
❖ contribute to the continued provision of high quality public services;
❖ help government reducing dependence on oil and other hydrocarbons.
Why does the UAE need to coordinate VAT implementation with the other GCC
countries?
The GCC group of nations have historically worked together in designing and
implementing new public policies as we recognize that such a collaborative approach
is best for the region.
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The FTA – who are we?
Federal Tax Authority
• Formed by the Government to administer VAT and Excise Taxes, plus any future
taxes, introduced in the UAE.
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Getting assistance from the FTA
The FTA is committed to helping Taxable Persons learn about VAT in an easy, accessible
and straightforward manner. As a result, the following options are available:
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Legal structure of the VAT
regime
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When will VAT be implemented?
• Implementation date: GCC vs UAE
• GCC VAT AGREEMENT is a framework agreement signed by all six GCC countries:
– Broad framework that mainly states provisions for intra GCC trade
– Gives countries discretion to choose treatment in certain sectors where it does not affect intra-GCC trade
– Mutual agreement on some provisions such as the standard rate of VAT and the registration threshold
• VAT registration will open during Q3 2017 on a voluntary basis and Q4 2017 on a compulsory basis
The GCC VAT Framework The UAE’s Federal VAT Law And is further detailed in VAT
agreement is applicable to all builds on the GCC Framework Executive Regulations.
GCC member states … and applies to the UAE …
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GCC VAT Agreement structure
Chapters Titles
Chapter One Definitions and General provisions
Chapter Two Supplies within the Scope of the Tax
Chapter Three Place of Supply
Chapter Four Tax Due Date
Chapter Five Tax Calculation
Chapter Six Exceptions
Chapter Seven Exceptions on Importation
Chapter Eight Persons who are Obliged to Pay Tax
Chapter Nine Tax Deduction
Chapter Ten Obligations
Chapter Eleven Special Treatments of Tax Refunds
Chapter Twelve Exchange of information between Member State
Chapter Thirteen Transitional Provisions
Chapter Fourteen Appeals
Chapter Fifteen Closing Provisions
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Policy choices available to the GCC Countries (1/2)
The following slides summarize the policy areas which the GCC Countries have
discretion to decide upon the approach to be taken:
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Policy choices available to the GCC Countries (2/2)
• Exceptions to payment of VAT (or allowing refund) in special cases [Article 30, GCC
VAT Agreement] in relation to:
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Examples of policy choices available to the UAE (1/2)
• Tax Payment – date and method [Article 63, GCC VAT Agreement]
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Examples of policy choices available to the UAE (2/2)
• Transitional rules – Minimum set of rules provided [Article 73, GCC VAT
Agreement]
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The operation of VAT in the
UAE
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Overview of VAT
Interesting Facts
Tax on the consumption of goods and services, levied at the • VAT has been implemented in
point of supply
more than 150 countries
around the world
• All OECD countries except for
Many countries have VAT or the US have VAT (or a
an equivalent tax system VAT is collected by variation)
(e.g. GST) but some registered suppliers down
countries have other the supply chain • The concept of VAT was first
consumption taxes proposed in 1918 by a German
industrialist, Dr. Wilhelm von
Siemens
• VAT was first implemented in
1954 by Maurice Lauré, Joint
Not all businesses will be VAT is payable by both
Director of the France Tax
VAT registered suppliers businesses and individuals
Authority (Direction Générale
des Impôts)
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Mechanics of VAT
A Worked Example
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Some important concepts
• What does conducting an economic activity mean [Article 1(9); GCC VAT
Agreement]?
– Economic activity means an activity conducted in a continuous and regular
manner and includes commercial, industrial, agricultural or professional
activities
• Who is a taxable person [Article 1(8); GCC VAT Agreement]?
– Taxable person means any person (corporation or not) conducting an
economic activity for the purpose of generating income
– Such person is registered or obligated to register for VAT as per the
registration threshold in a member state
– Taxable persons can include businesses located outside the GCC territory
Input tax [Article 1(22); GCC Meaning of taxable supply Reverse charge mechanism
VAT Agreement]: [Article 1(28); GCC VAT [Article 1(18); GCC VAT
Agreement]: Agreement]:
Tax payable by a taxable person
on supply of goods and services Supplies on which tax is charged A mechanism under which the
received or on import of goods according to the VAT Agreement, recipient of goods or services is
and services for the purpose of whether at standard rate of 5% required to pay VAT instead of the
carrying out economic activities or at zero rate. A deduction of supplier, when the supplier is not a
input tax can be claimed against taxable person in the member state
the VAT payable on taxable where the supply has been made
supplies
Goods Services
The passing of ownership of physical Anything which is not a
property or the right to use that property supply of goods is a
as an owner, to another person. supply of services.
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Definition of “supply”
…for Consideration…
• If the consideration for a supply is just in money, the value of that supply is the amount
of money received
• VAT is normally calculated by applying the VAT rate to the VAT-exclusive price
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Definition of “supply”
…in the course of conducting business
in the UAE…
Business means:
Remember:
Where any of the criteria set out above are not
met, the transaction is outside the scope of VAT
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Definition of “supply”
…by a VAT registered trader.
It is possible for businesses to voluntarily register for VAT purposes before they
reach the Mandatory Registration threshold if they reach a lower voluntary
registration threshold
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Place of supply
Place of supply rules will determine whether a supply is made in the UAE or
outside the UAE for VAT purposes:
• 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 rules: the place of supply is where
location of goods when the supply the supplier has the place of residence
takes place
• Special rules, for example:
• Special rules, for example:
❖ Cross-border supplies of services
❖ Cross-border supplies – that is between businesses
supplies which involve parties in
❖ Electronically supplies services –
different countries
where services are used or enjoyed
❖ Water and energy
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Place of Supply – Goods (1/2)
− No movement of goods outside the UAE − Export of goods: place of supply is still
− Subject to the applicable VAT rate in the the UAE
UAE – standard or zero-rated
Dubai UK
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Place of Supply – Goods (2/2)
UK
UAE
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Place of Supply
Goods imported to the UAE & transferred to GCC
Import followed by movement of goods within GCC
− Export of goods: place of supply is the other GCC State (e.g. KSA) provided
the customer is registered for VAT in that GCC State, and the goods are
exported outside the UAE
UAE
KSA
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Place of Supply
Services (1/2)
Basic rule = where the supplier has their place of residence
Specific rules =
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Place of Supply
Services (2/2)
Specific rules =
• 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
• It will apply in UAE in the situations where a VAT registered person imports goods or
services into the UAE which would be subject to VAT if purchased in the UAE
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Place of Supply
Reverse charge mechanism - example
UAE UAE UK UAE
Legal Advice Legal Advice
AED 10,000+ 5% VAT AED 10,000
International Border
The law firm The company The UK firm The company
declares declares AED is not declares AED 500
AED 500 as 500 as input registered in as input tax AND
tax collected tax paid to the the UAE and AED 500 as output
law firm which files no return tax. This is reverse
is recoverable charging
• 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]
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Date of supply: When to account for output VAT on
supplies (2/2)
Special tax point
• If any of the following event take place before the basic tax point, it will considered as the
tax point for accounting for VAT [Article 23(1); GCC VAT Agreement]:
• Payment is received
• Tax invoice is issued
• In case of continuous services over a period of several months or years, the time of
supply for will be the earlier of [Article 23(3); GCC VAT Agreement]:
• Receipt of payment
• Issuance of tax invoice
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Date of Supply
Example 1
Time of
supply
1 March 1 April
2018 2018
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Date of Supply
Example 2
Time of
supply
Payment received Service Service
from customer started completed
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Net Tax Payable
• VAT-registered businesses will submit a “VAT return” document to the FTA on a periodic
basis mentioning all output tax due and input tax recoverable for the period
NET VAT PAYABLE
OR CREDIT
• Net VAT payable or credit recoverable will be calculated as the following:
(to/from the FTA)
• “Final consumers” (i.e. persons not registered for VAT) do not submit VAT returns and
cannot recover the VAT they are charged
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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:
2) VAT on the purchase must have been correctly charged by the supplier
4) Recipient must 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
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Input tax apportionment
*Note: in certain No*
special cases No
Business?
input tax related recovery
to non-business
activities will be Yes Yes
recoverable
Yes
➢ Results:
• supplies made between members of a VAT group are disregarded from VAT (i.e.
no VAT is due on the supplies)
• Supplies made by the VAT group to an entity outside the VAT group are subject
to normal VAT rules
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Supplies within scope of VAT in the GCC Treaty:
Type of supplies
• 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
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VAT liability
Planned zero-rated supplies in the UAE (1/2)
• Zero - rated supplies are not subject to VAT – right to an input tax deduction on the
corresponding expenses
• Should be applied strictly as they are an exception to the normal rule that VAT should be
charged.
• Examples of zero- rated supplies include:
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VAT liability
Planned zero-rated supplies in the UAE (2/2)
Examples of zero- rated supplies include:
Healthcare
Exported Investment services, in most
goods and precious metals cases
services
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VAT Liability
Exempt supplies in the UAE
• Exempt supplies are not subject to VAT – no right to an input tax deduction on the
corresponding expenses.
• Exemptions should be applied strictly as they are an exception to the normal rule that
VAT should be charged.
• Examples of exempt supplies include:
Bare land
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Record-keeping
The following records are required to be kept to ensure accurate tax compliance:
1 2 3
Books of account Additional records Any other
and any information required for specific information as direct
necessary to verify taxes by the FTA that may
entries, including, be required in order to
but not limited to: Different taxes may confirm, the person’s
require different liability to tax,
• annual accounts; records to be kept in including any liability
• general ledger; order for taxpayers to register.
• purchase day to be compliant, for
book; example, a VAT
• invoices issued or account.
received;
• credit notes and
debit notes.
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Record-keeping
Taxable persons for VAT must in addition retain the following records for at least 5 years:
Invoices issued
Invoice must be and received
issued within 14 should be kept for
calendar days of a minimum of 5
the date of supply years
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VAT Invoices
S
The issuance of a valid tax invoice may dictate the time of supply,
U and therefore determine in which tax period the output tax should be
P accounted for
P
L
I
E A VAT registered business must issue a tax invoice to the recipient
of a domestic taxable supply of goods or services
R
C
U In certain conditions, the customer may be able to issue a “self-
S billed” tax invoice on behalf of the supplier
T
O
M
The receipt of a valid tax invoice is the primary documentary
E
evidence to support the recovery of VAT incurred by the purchaser
R
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VAT Invoices
To be valid, a VAT invoice issued by a taxable person needs to include the following
information, but not limited to:
• For each description, the quantity of goods or extent of services supplied, the rate of
VAT and amount payable, expressed in UAE Dirham
• The total amount of VAT expressed in UAE Dirham together with the rate of exchange
applied and the source of that rate, as below
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VAT obligation - Tax Return filing & Payment
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Errors and how to correct them
VAT Invoices
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Errors and how to correct them
Tax Returns
• Where an error has been made on a VAT return submitted within the last 5 years,
then the taxable person must disclose this error to the FTA within 30 days of
becoming aware of the error.
• Depending on the nature of the error and the amount of tax under / over declared,
the adjustment to take account of the error could be made:
➢ either on the next tax return due for submission;
➢ or via a separate voluntary disclosure to the FTA.
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Reporting of transactions at an Emirates level
• Taxable Persons will be required to report details of the value of supplies made in
each Emirate on their VAT returns.
• The mechanism for the allocation of supplies made in each Emirate will be
announced in the Executive Regulations.
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Not less than 500 dirham
and not more than 3 times
Penalties the amount of tax for which
the penalty was levied
Administrative Penalties - Examples
• Administrative penalties are intended to address non-compliance, and encourage
compliance.
• The FTA has the power to waive or reduce penalties at its discretion (e.g. taxable
person has a reasonable excuse for the error).
❖If the person conducting a business fails to keep the required records and
other information;
❖If the person conducting a business fails to submit the data, records and
documents related to tax in Arabic language when requested by FTA;
❖If the taxable person fails to submit a registration application within the
period required.
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Up to five times the
Penalties relevant tax at stake
Tax Evasion Penalties - Examples
• The FTA can issue penalties for tax evasion.
• Tax evasion is where a person uses illegal means to either lower the tax or not pay
the tax due, or to obtain a refund to which he is not entitled under law.
• The imposition of a penalty under tax law does not prevent other penalties being
issued under other laws.
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Audits
The FTA can visit businesses to inspect records and make sure persons are paying or
reclaiming the right amount of tax.
1 2 3 4
FTA will apply FTA will usually If audit at the FTA can close
risk based conduct the person’s place, the place of
selection audit at the must be business for up
criteria to person’s place informed at to 72 hours
determine of business or least 5 (e.g. suspect
whom to audit at the FTA business days tax evasion)
offices prior to the audit
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Audits
10
5 6 7
FTA officer may The FTA may The audited
request original also remove person should
records, take records, be notified of
samples of documents the results of
merchandise, and samples the tax audit
mark assets to within 10
indicate they business days
have been of the end of
inspected the audit
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Contesting Decisions
If a taxable person is not satisfied with a decision by the FTA, they will be allowed to
contest the decision. The FTA offers three levels of escalation for dispute resolution.
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Working together towards a
successful implementation
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Future industry sessions
Industry specific sessions are also planned for businesses operating in the
following sectors:
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Q&A
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Thank You
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