Dubai Customs adopts new amendments to Tariff Codes

Dubai Customs adopts new amendments to Tariff Codes

After the decision of the GCC Commission for Financial and Economic Cooperation on 25 October 2020, amendments to the GCC Unified Customs Tariff have come into effect on 1 January 2021. Dubai Customs adopted these amendments through Dubai Customs Notice 2/2021.

Tariff amendments

The amendments include modifications to the “Description” column of 2 Tariff Codes, 4 newly-created Tariff Codes’ Headings, and 65 changes to existing Tariff Codes’ Sub-headings.

The commodities affected by the amendments are:

  • Tobacco-related products
  • Electronic products (including smart TVs and receivers…)
  • Cocoa powder and other instant preparation drinks with added sugar or sweetener
  • Water, milk, and cocoa beverages with added sugar or sweetener
  • Miscellaneous Chemical products

Implications for businesses

Importers and exporters must review the tariff classification of their products to ensure that they are in line with the new version of the Tariff Codes. They should also consider updating their commodity codes’ databases to reflect these amendments.

News Courtesy :  KPMG

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Launch your business in Dubai in minutes All you need to know

Launch your business in Dubai in minutes: All you need to know

His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai chaired a meeting of The Executive Council of Dubai, during which he launched the Invest in Dubai platform.

The largest one-stop-shop platform of its kind, ‘Invest in Dubai’ enables investors to obtain trade licenses and launch their business easily in a matter of minutes.

Key features of the platform:

  • First integrated digital platform for setting up a business in Dubai.
  • Requires a few minutes only to obtain commercial licenses in Dubai.
  • Largest integrated and trusted platform serving over 2,000 businesses in the emirate, including free zones.
  • With standardized procedures and processes, platform allows services and transactions to be completed without visiting service centers
  • Platform features value-added services such as opening a bank account, issuing an establishment card, and other services to facilitate the establishment of companies.
  • Interactive tools offered through ‘Dubai Business Map’ feature provide investors information on the best commercial opportunities by geographical location.
  • Interactive tool provides recommendations on ideal free zone based on investor requirement and comprehensive information on the value propositions of each free zone.

Dubai, a leading business destination

Sheikh Mohammed issued directives to the team to work to consolidate Dubai’s status as a leading global business destination, stressing that no effort should be spared in achieving this vision.

Sheikh Hamdan bin Mohammed bin Rashid Al Maktoum, Dubai Crown Prince and Chairman of The Executive Council, said Dubai offers businesses and investors an attractive environment “with all the elements needed to achieve success and gain the agility needed to transform challenges into opportunities”.

“Despite the prevailing global situation, Dubai has demonstrated the strength of its digital infrastructure and leveraged advanced technologies to develop economic solutions for helping investors and entrepreneurs accomplish their goals.”

he confidence that international investors have placed in Dubai stems from its “agile economy, solid legislative environment, and robust, investor-friendly infrastructure”, said Sheikh Hamdan. “Dubai is a city that is constantly renewing itself, offering a fertile growth environment for investors from across the world. It has created an integrated investment ecosystem powered by advanced technology and designed to support constant development, economic growth and efficiency.”

Centralized portal

An integrated portal for doing business in the emirate, ‘Invest in Dubai’ offers users various services, including commercial licensing in which government permits and approvals can be obtained from a centralized platform, eliminating the need to physically visit any service center.

Also offered on the platform are packages and value-added services that support businesses in launching commercial projects.

Apart from providing a hassle-free process for establishing a business in Dubai, the platform enables investors to gain insights into investment opportunities (or projections for key sectors); and information on investment opportunities in commercial zones (or free zones), competitiveness assessments, locations of businesses in the city, key economic sectors; and cost of incubating businesses; in addition to sector reports and statistics on foreign direct investment (FDI).

Comprehensive experience

‘Invest in Dubai’ provides a comprehensive platform to support investors and entrepreneurs in setting up a business in Dubai. Its services, which cover the entire business cycle, assist businesses in searching for opportunities, registering trade names; getting initial approvals to issue a license; ensuring all government requirements are met; and obtaining trade licenses.

Furthermore, the platform offers a range of packages and value-added services to facilitate the launch of commercial projects.

These include opening a ticket for the new establishment as required by the Federal Authority for Identity and Citizenship, allocating labor quotas, opening a ticket at the Ministry of Human Resources and Emiratization, notarizing the establishment contract by the Department of Economic Development, notarizing a rental contract by the Real Estate Registration Department, and obtaining a membership in the Dubai Chamber of Commerce and Industry.

It allows investors to access information regarding the requirements, conditions and fees for issuing trade licenses in Dubai for more than 2,000 commercial activities. They can also immediately obtain licenses for their companies, as well as other commercial ones.

A seamless, integrated, and customer-centered digital process allows users to save time and effort, sparing them the need to physically visit service centers and reduce the paperwork required to establish companies.

The platform also allows them to manage their business using a personalized dashboard that provides an overview of partners, licenses, KPIs, and other useful insights.

Investor visa

Dubai encourages investors from around the world to set up their headquarters in the emirate, offering a safe home both for their companies and their families through its dedicated investor visa program.

Teamwork

The ‘Invest in Dubai’ platform was developed by Smart Dubai and the Dubai Department of Economic Development (DED), under the supervision of the General Secretariat of The Executive Council of Dubai. A team of more than 70 members, representing more than 20 local and federal government entities, worked in direct coordination with the private sector, a strategic partner in the emirate’s economic development, to develop the platform.

News Courtesy : khaleejtimes

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Start your business in Dubai in 5 minutes and one step

Invest Dubai: Start your business in Dubai in 5 minutes and one step

His Highness Sheikh Mohammed Bin Rashid Al Maktoum, Prime Minister and Vice President of the UAE and Ruler of Dubai announced the launch of Invest Dubai – a digital platform for entrepreneurs looking to set up shop in Dubai.

The new platform was approved during the Executive Council’s meeting held on Tuesday under the chairmanship of Sheikh Mohammed. The platform covers over 2,000 commercial activities and various license types, Sheikh Mohammed said in his tweet.

Making Dubai the best, easiest place to do business

The new initiative is another step making Dubai the destination of choice for entrepreneurs from around the world. UAE had issued a law in November 2020 which scrapped the need for a UAE national to be the sponsor when starting a business on the mainland.

Starting from December 2020 entrepreneurs of all nationalities could start businesses with 100% foreign ownership. In the Ease of Doing Business score by The World Bank in 2020, Dubai scored a high 94.8, based on 10 factors and ranks in the top 20 easiest countries to start a business.

The Invest Dubai platform combines all the information, requirements and procedure of starting a Dubai-based business in one place. From getting information on the kind of license you need to detail on the funding programmed available, the platform offers a wealth of information for entrepreneurs.

Instant license

The Dubai DED Instant License allows entrepreneurs to get a license in 5 minutes with no pre-approvals. The Instant License allows entrepreneurs to start a business with no tenancy contract and no requirement for a bank account for 12 months. The license is available to many categories of activities and four types of establishments – Limited Liability Company, One Person L.L.C, Sole Proprietorship and Civil Company.

The licensee gets an establishment card from the General Directorate of Residency and Foreigners Affairs along with three work permits for employees from the Ministry of Human Resources and Emiratization once the trade license is issued

While this license itself is not a new feature, the Invest Dubai platform allows you to check availability of the license based on activities, number of partners and type of company. It also shows you the fee payable if you were to go for the license.

Business Setup Recommendation

For example, we checked the feature of Business Setup Recommendation on the platform for a restaurant with two expat partners with an option to try the civil company formation. The website instantly showed us the approximate costs for an Instant License while also showing a normal license option.

Different company types can be checked on the website based on your search, and while some options are disabled, it shows you the company types you can check yourself if you know your activity and number of partners.

If you know what kind of firm you’re looking to establish, you can start your business through the platform. Clicking on ‘Start your Business’ takes users to the option of mainland or free zone business. Once you choose that, you can log in to the platform to start the process. Prospective investors can also use the UAE Pass to log in.

Once registered, the platform helps users manage the business through a personalized dashboard which includes an overview of partners, licenses, key performance indicators and other features.

Where should I start my business?

For mainland or free zones, it is nice for a prospective entrepreneur to know where exactly to base his or her business. The business map on the platform has a heat map of active businesses in the emirate. It also shows active businesses, top activities, business age range, areas and major activities in those areas, top sub-areas, etc. Hovering over the map shows you the area name and the number of active businesses in the area. You can further filter these results.

If you’re unsure of which free zone to choose for your FZE, the platform has a feature to find the best one for your operation. The website shows 19 free zones available in total which you can then filter based on business sector or industry, license type, facilities required, and amenities. Residency and citizenship

The platform allows investors to go through and learn all the details of getting a visa or residency through investment. UAE also recently announced citizenship for investors, doctors, professionals, talented people, and innovators. The same group of residents can also apply to get a Golden Visa. 

Apart from these, each type of license, based on activity and type of company, gives investors residency options for themselves and their families. All these details can be easily found and used from the Invest Dubai platform.

Start-ups

For start-ups in the ideation stage, the platform is extremely useful since it gives various incubator options, funding programmed details, and other features to understand exactly how, when, and where to start. The mentioned arenas for SME start-ups include the Hamdan Innovation Incubator (Hi2) in Dubai SME, Dubai SME approved incubators such as Re-urban Studio, Astrolabes, The Co-Dubai, etc., and the Dubai Entrepreneurship Academy.

News and success stories

Apart from this, the platform keeps interested readers updated with the latest news and press releases relevant to starting a business in Dubai. The website also features business success stories that can prove inspirational for the next crop of entrepreneurs.

News Courtesy : Gulf News

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Suspension of customs declarations expires 31 January 2021

UAE: Suspension of customs declarations expires 31 January 2021

Dubai Customs released guidance (Notice no. 1/2021 (14 January 2021)) concerning the submission of customs declarations and required documents.

The guidance reinstates the process initiated by Notice 1/2018, requiring the submission of customs declarations. Notice 1/2018 was suspended, as part of the government’s response to the coronavirus (COVID-19) pandemic by Notice 2/2020 which paused the requirements to submit customs declarations.

Notice no. 1/2021 revokes the suspension allowed under Notice 2/2020 and reinstates the customs declaration requirements beginning 31 January 2021. As of that date, businesses will have to submit customs declarations and other required documents to Dubai Customs within 14 days of processing of the customs declaration on the Mirsal2 portal. Once the 14-day period lapses, a daily late charge will be applied.

Special rules apply for customs declarations completed between 29 March 2020 and 31 January 2021.

News Courtesy :  KPMG

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Preparing for VAT annual input tax apportionment

UAE: Preparing for VAT annual input tax apportionment

Businesses engaged in making a mixture of taxable and supplies exempt from value added tax (VAT) must apportion the input tax which they incur for making such mixed supplies. Apportionment calculations must be undertaken by the taxable person on a period-by-period basis with an annual “wash-up” calculation to be performed in the period following the end of the tax year.

Taxable persons filing monthly returns with a 31 December 2020 tax year-end must undertake the annual wash-up calculation and make any required adjustments to input VAT recovered in the January 2021 VAT return to avoid potential penalties for late or underpaid VAT. Businesses operating in the following sectors generally are required to undertake apportionment calculations:

  • Real estate, residential supplies
  • Banks and financial institutions
  • Local transport service providers
  • Insurance companies

The requirement to undertake apportionment calculation is not limited to these sectors and can apply to any entity that makes both VAT-exempt and taxable supplies.

Apportionment

The UAE tax authority issued an updated guide (December 2019) covering special apportionments methods and annual adjustments. Based on this guide and the legislation, the tax authority requires the following:

  • Comparative calculation for a full 12-month period (wash-up calculation):
    • With the monthly/quarterly apportionment done using the standard method, and
    • With the actual use calculation using one of the approved special methods listed in the guide
  • Special apportionment methods include output-based method, transaction count method, floor-space method and sectoral method. The tax authority stipulates that only certain methods will be available to businesses from certain industries (not all methods will be available to all industries and businesses).
  • A taxpayer must apply to the tax authority to use a special method of apportionment, and there is a formal process to obtain permission (a taxpayer cannot simply elect to start using a particular method at its own discretion). Typically, once approved, the taxpayer will be required to use this method for at least two years.
  • It is not compulsory for a VAT registered business to apply for a special apportionment method; however, the tax authority expects when there is a difference of more than AED 250,000 in any tax year between the recoverable input tax as calculated in accordance with the standard apportionment method (outlined in the legislation) and the input tax which would have been recoverable if the calculation was made on the basis of the actual use of goods or services (applying a special method), the taxpayer is to request permission to use a special method.
  • When the tax authority has granted permission to use a special input tax apportionment method, the taxpayer cannot apply to change the approved method for at least two years following the approval. However, the taxpayer will be required to notify the tax authority when the result produced over the full year by the input tax apportionment method approved by the tax authority differs more than 10% from the result the method generated at the time of application, in order for the tax authority to consider whether the approved method is still suitable for the business.

News Courtesy : KPMG

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since the introduction of VAT

Three years of achievements since the introduction of VAT

ABU DHABI, 27th January 2021 (WAM) — During 2020, the Federal Tax Authority has maintained ever-increasing performance rates and has continued to implement its development projects across all areas of its work in accordance with its target plans.

Khalid Ali Al-Bustani, Director General of the Federal Tax Authority – in a press release issued today marking the third anniversary of VAT application – has confirmed that for the third consecutive year, the FTA continued to achieve rising performance rates while continuing its efforts to manage, collect, and implement federal taxes with procedures and mechanisms distinguished by their ease of use, transparency, and clarity through its modern electronic systems, pointing to the high compliance rates among taxable persons in light of the greatly increased awareness in business sectors, and the ease and flexibility of the procedures.

He said: “During 2020, the Authority maintained increased results, with preliminary statistics showing that the number of registrants for VAT increased to 332.39 thousand registrants of business and Tax Groups and its members, compared to about 312,000 registrants at the end of 2019 and 296,000 registrants at the end of 2018, the first year of VAT.”

Al-Bustani emphasized: “Statistics also show that the base of customer and partners benefiting from the tax systems has been steadily expanding, the number of FTA Accredited Tax Agents in the tax system saw steady expansion with the number increasing to 393 compared to 355 at the end of 2019 and 176 at the end of 2018. In addition, the number of FTA approved clearing companies increased to 868 from 122 at the end of 2018, while the number of certified tax accounting system providers jumped to 76 from 12 at the end of 2018.”

Al-Bustani went on to say: “The rapid and comprehensive measures taken by the UAE in every aspect to confront the COVID-19 pandemic, had a significant impact in supporting business sectors and taxpayers, and as a result, the impact of the pandemic on taxpayers was limited.”

He stressed that the Authority, since its establishment, has been keen to providing a developed digital structure, efficiently providing all of its services remotely through a fully electronic system which provides a range of advanced digital services to facilitate registration processes, filing of tax returns, payment of tax due, as well as facilitating the recovery of tax paid. These digital services allow all of the FTA’s procedures to be completed in quick, easy, and paperless steps without the necessity for personal contact, which has contributed to implementing physical distancing procedures and maintaining public health as an absolute priority.

Supporting Tax Registrants Al-Bustani continued: “During 2020, the Authority provided various facilities to support registrants in the tax system to fulfil their tax obligations and ensure business continuity under the precautionary measures put in place by the UAE to prevent the spread of Covid-19. These facilities included the temporary extension of the tax period commencing on the 1st of March for Excise Tax Registrants to cover both March and April 2020. They also included specifying an alternative deadline for the submission of VAT Returns and payment of any tax due for tax periods that coincided with government procedures to carry out precautionary sterilization operations. Moreover, VAT was temporarily applied at the zero-rate on some personal protective medical equipment, such as masks and other items.”

Raising Awareness Remotely Al-Bustani said: “The Authority had been working to ensure the safety and security of its staff members and clients through implementing the remote working system relying on the most up-to-date technologies, to maintain physical distance and to observe precautionary measures. The Authority also maintained continuous communication with all those involved in the UAE tax system by organizing a series of seminars, workshops, and meetings with its partners in both public and private sectors, via remote video conferencing. These events were aimed at raising tax awareness, and shedding light on how to avoid the common errors that were identified across the initial implementation of tax system.

During last year, the Authority conducted 221 remote awareness sessions via remote video conferencing, benefitting representatives from different business sectors and those involved in the tax system. These sessions included seven remote gatherings for SME representatives within the FTA’s ‘Tax Clinic’ initiative, 206 meetings with representatives of large companies; four workshops for UAE nationals regarding the refund of tax paid on their newly built homes, two workshops for FTA accredited tax agents, and two workshops for more than 40 representatives of accredited clearance companies.

During the last three years, the total number of telephone inquiries responded to by the Authority have reached up to 554,400. Furthermore, more than 235,370 e-mails were processed by the FTA.

Khalid Al-Bustani continued: “Through our implementation of directives from our wise leadership to provide all forms of support to achieve housing stability for UAE citizens, the year 2020 saw the launch of a new electronic platform with more facilities for the recovery of VAT paid by UAE Nationals on the construction of their homes, through the FTA’s website. As part of the Authority’s strategy of continual system reviews aimed at providing the best services at the highest levels of efficiency in performance, the Authority has reduced the minimum number of documents required to submit the refund request.”

The Federal Tax Authority’s recent performance analysis shows that at the end of 2020, the total number of processed refund requests submitted by UAE Nationals to recover taxes paid on their newly constructed homes had increased to 4,835 with a total value of AED336.44 million, compared to 1,496 requests processed by the end of 2019 with a total value of AED87 million, a record annual growth rate of 223.2% in the number of approved requests, and 286.71% in the value of refunded tax.

Khalid Al-Bustani mentioned that during 2020, the Federal Tax Authority launched many new services and systems, such as issuing certificates for Tax Residency and Commercial Activities through the Authority’s website. These Certificates allow UAE residents (companies and individuals) to benefit from agreements which have been concluded by the UAE with a number of other countries to avoid double taxation (DTAA) and enabling the recovery of VAT imposed on Emirati businesses in these other countries if they are registered with the Authority.

Upgrading Payment Streams He said: “In the context of our keenness to continuously develop the Authority’s official payment channels and encourage the use of electronic payment methods, the year 2020 saw the FTA’s accession to the third generation of the e-Dirham system with its diverse channels launched by the UAE Ministry of Finance to allow the efficient collection of fees and revenues of the UAE, and provide more options for the payment of such government fees by using the latest technologies underpinned by the best safety standards.”

With this important step, the Federal Tax Authority enabled registrants to fulfil their tax obligations and complete their transactions directly by downloading the e-Dirham ‘Mubasher’ application on their smartphones without the need for bank cards, as registrants are only required to link their account with a registered bank to the application in order to complete all of their FTA related-transactions.

The new generation’s payment channels of e-Dirham includes 3 cards with different benefits: The ‘Hala Card’ which is suitable for new individual customers who want make one-time payments; the ‘Gold Card’, a prepaid card with multiple recharge options suitable for regular payments and regular transactions; and the ‘Premium Card’, a customizable prepaid card that is suitable for individual and corporate customers with high balances without a maximum recharge limit.

Al-Bustani added: “Joining the new generation of the e-Dirham system came as part of the FTA’s efforts to upgrade the various methods of payment available for the Authority’s clients.

He noted that tax payments using the Generated International Bank Account Number (GIBAN) mechanism via the UAE Fund Transfer System, UAEFTS, has seen increasing use by taxpayers, with its functionality characterized by clarity, ease, and speed of fund-transfer procedures electronically through the system. This mechanism allows tax payments to be made through 77 bank branches, exchange houses, and finance companies throughout the UAE.”

The system is implemented under a memorandum of understanding signed between the Federal Tax Authority and the Central Bank of the UAE for electronic integration and linking their systems, in accordance with international best standards and practices, allowing those registered with the Authority to pay taxes due through the UAEFTS, which is characterized by speedy fund transfers between bank accounts.

News Courtesy : wam.ae

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FTA to deactivate VAT 301

FTA to deactivate VAT 301 – import declaration form for VAT payment

Since the implementation of VAT in UAE, the VAT301 form has been available on e-services portal to manually process the VAT payment on Customs Declarations using the Tax Registration Number (TRN).
Recently, Federal Tax authority (FTA) has communicated with the taxpayers that the VAT301 form will be discontinued shortly for users who have a valid TRN and were using this form earlier for settlements via their VAT returns.
For the VAT registrants who already have a valid TRN, in order to continue being able to import goods via customs, they will need to ensure that their custom code is linked to their TRN.
If a registrant does not have a customs code, it will require registering with the Customs Department and linking their new customs code with their TRN.
Alternatively, one will only be able to import goods via a clearing company that is registered with the FTA or only use form VAT301 to utilize the payment option.
Below entities can still request to open form VAT 301 for VAT settlements based on customs declaration through FTA online services:
  • Designated entities exempted by FTA.
  • Free zone Companies that exports through land to GCC Countries from designated zones for the VAT purpose.
  • FTA approved shipping and clearance agencies to clear shipments of on behalf of registered and non-registered importers with FTA.
To submit application to open VAT301 form, there is a form “VAT 301 settlement access form” which is available on FTA website.

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Temporary VAT rate of 0% for medical equipment

UAE: Temporary VAT rate of 0% for medical equipment (COVID-19)

The tax authority of the United Arab Emirates (UAE) issued a clarification (VATP023) concerning value added tax (VAT) and the temporary zero-rating of VAT for certain medical equipment.

The clarification prescribes that the supply or import of certain personal protective equipment during the period from 1 September 2020 to 28 February 2021 and used for protection from the coronavirus (COVID-19) disease is considered to be medical equipment subject to VAT at a zero-rate (0%). Eligible medical equipment is limited to the following items:

  • Medical face masks
  • Half-filtered face masks
  • Non-medical “community” face masks (made from textile)
  • Single-use gloves
  • Chemical disinfectants and antiseptics intended for use on the human body (but excluding detergents, cosmetics, and personal care products)

A supply or import outside the “specified period” (before 1 September 2020 or after 28 February 2021) is subject to VAT at a rate of 5% (under the general VAT rules).

The application of the VAT zero-rating is effective retroactively from 1 September 2020. In situations when a supplier is aware of the identity of a recipient of eligible equipment, a tax credit note is to be issued and delivered to the recipient in order to allow for a refund of any VAT overcharged on the supply of the eligible equipment during the relevant period. If the recipient cannot be identified, the supplier is to report, and remit collected VAT amounts to the tax authority.

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Consequences of Businesses for Late Filing or Non-Filing of VAT in UAE

Consequences of Businesses for Late Filing or Non-Filing of VAT in UAE

Although some penalties for violations related to VAT in UAE are becoming less severe, there’s still a very alarming array of VAT enforcement powers that can trap unwary registered businesses. Through proper awareness of all the problem areas, as well as careful planning, it’s possible to avoid being an unwitting victim.

Filing of Tax Returns for VAT-Registered Businesses

The following violations and penalties are applicable for VAT-registered businesses in UAE:

  • Failure of a business or its legal representative in filing VAT return within the timeframe specified by the FTA – the penalty is going to be charged onto the company’s legal representative. Penalty is at AED 1,000 for the first offense and AED 2,000 for a repeated offense within twenty-four months from committing the first offense.
  • Failure of a VAT-registered business to submit VAT return before the deadline as specified by the VAT legislation – penalty of AED 1,000 will be imposed for the first offense and AED 2,000 for a repetitive case in the next twenty-four months following the first offense.
  • Failure in paying VAT stated in a tax assessment or tax return form before the deadline that is specified by the VAT legislation – a taxable person will be incurring a penalty for late payment. Two percent of the tax that’s unpaid will be due to the FTA by the business immediately. Four percent will be due a week following deadline of tax payment. One percent will be the penalty for every day VAT is left unpaid a calendar month following the VAT payment deadline. The maximum penalty for late payment of VAT is three hundred percent.
  • Submission of erroneous tax returns – penalty is fixed which is at AED 3,000 for the first offense. For any repeated offense, it will come with an AED 5,000 penalty. There will also be a percentage-based penalty imposed on a business aside from the fixed penalty. Fifty percent of the amount that’s unpaid will be the penalty if the VAT-registered business doesn’t make a VAT voluntary disclosure or a business has made a voluntary disclosure only after it is being notified and the FTA has already started the audit process. Thirty percent of the amount unpaid to the authority will be the penalty if the VAT-registered business discloses the error voluntarily following the notification sent by the FTA for a tax audit and the tax audit hasn’t started yet. Five percent of the amount unpaid to the tax authority is the penalty if the business makes a disclosure voluntarily prior to being sent a notification of a tax audit by UAE tax authorities.

Late registration

The Federal Tax Authority (FTA) must be notified of your liability in undergoing VAT registration when your taxable turnover exceeds the mandatory registration threshold for the past twelve months. The mandatory registration threshold in UAE is AED 375,000. If you believe you’ll be exceeding the threshold soon, you may begin the registration process.

When notification regarding VAT registration in UAE is late and you’ve failed to notify the tax authority, you’ll be charged regardless of the reason or excuse you have for the delay. A penalty of AED 20,000 will be imposed onto your business.

Take note: the penalty may be mitigated at the discretion of the FTA with levels of mitigation greatly dependent on the unique circumstances of every single case.

Following the registration for VAT in UAE

Every business in UAE that is registered for VAT needs to make sure that it’s organized in dealing with taxation on-time and correctly:

  • Is there someone within the organization who controls the VAT accounting and make sure new offerings are dealt with properly for the purpose of VAT?
  • Is your business system capable of ensuring all input tax and output tax are recorded properly?
  • Is there a system in place that can make sure proper evidence can be obtained in supporting claims for VAT input tax?
  • Where VAT isn’t charged for supplies made, would there be proper evidence retained and is it correct in law?
  • Is there a system in force that can make sure input tax that’s non-deductible isn’t reclaimed including most VAT for business entertaining, motor cars or exempt supplies?
  • Are VAT charges always considered prior to contracts being made?

Appeals

Appeals against penalties, assessments, and amount of interest that’s charged by the FTA may be made by a VAT-registered business or its legal representative. The first appeal will be local and independent done by the FTA. The FTA has powers of mitigation for appropriate circumstances. When an appeal is against an imposition of penalties or interest, tax must be paid prior to an appeal being heard. This is unless a business is capable of demonstrating the fact that it’s unable to pay due to financial hardship.

Source : GCC FinTax

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UAE VAT Zero Rating of Export of Services

UAE VAT: Zero Rating of Export of Services

One of the first updates to the UAE VAT Executive Regulations since they were published towards the end of 2017 relates to the zero-rating of exported services. This change in 2020 only involved changing the word ‘or’ to ‘and’ but caused a profound shock in the UAE market for exported services and left a lot of questions open. Given the lack of clarity regarding the update, the FTA subsequently published a VAT Public Clarification on the zero-rating of export of services (“VTP019”) to provide its opinion on the impact of the change.

Legislative Change

Prior to the change, Article 31(2) of the Executive Regulations read:

‘For the purpose of paragraph (a) of Clause 1 of this Article, a Person shall be considered as being “outside the State” if they only have a short-term presence in the State of less than a month or the presence is not effectively connected with the supply.’ [Emphasis added]

Following the change in law, this article read as follows:

‘For the purpose of paragraph (a) of Clause 1 of this Article, a Person shall be considered as being “outside the State” if they only have a short-term presence in the State of less than a month and the presence is not effectively connected with the supply.’ [Emphasis added]

Impact of Change

Prima facie this change appeared to significantly restrict the zero-rating, meaning that if an employee or director of a business entered the UAE for a period exceeding a month, all supplies to that business by UAE suppliers would be subject to VAT. Furthermore, where an employee or director came to the UAE for less than a month, but this was even tangentially connected with the supply, the supply would also be subject to VAT. Finally, and potentially most concerningly, the change in law appeared to mean that businesses with branches in the UAE could never benefit from zero-rating, even where this branch had nothing to do with the supply concerned.

Clearly this would have significantly widened the scope of tax and would have caused significant difficulties for suppliers in monitoring staff movements for all their customers.

FTA Clarification

Once the uncertainty among exporting businesses became clear, the FTA released VTP019 to clarify its position on the meaning of the change, in which the FTA considered the place of residence of the recipient of exported services.

A recipient of services is regarded as having a place of residence in the UAE if they have either a place of establishment or fixed establishment in the UAE. Where a recipient has establishments in multiple jurisdictions, the establishment most closely related to the supply of services must be determined and it is this establishment that will drive the VAT treatment.

UAE suppliers are only entitled to apply the zero rate of VAT on services supplied to customers without a UAE place of residence under the above rules.

The Public Clarification sets out the FTA’s interpretation of the criteria to consider in determining the establishment most closely related to the supply, where there is uncertainty regarding whether a supply of services is received by a foreign or UAE establishment of a recipient. These include the following:

  • Which establishment is the contractual recipient of the supply;
  • Which establishment is actually benefiting from the supply;
  • Which establishment will receive the invoice and make payment for the supply;
  • Which establishment provides instructions to the supplier; and
  • Whether the services are related to business being carried on by the recipient through an establishment in a particular country.

Furthermore, the FTA stated that only the physical presence of the recipient during the period of supply and consumption needs to be considered; the location of the recipient before and after performance and consumption of the services should not be taken into account for the purposes of residency in relation to the supply.

Importantly, VATP019 states that when determining the location of the recipient, only the establishment most closely related to the supply should be considered. This means that if a recipient has both UAE and non-UAE establishments, and the non-UAE establishment is most closely related to the supply, the condition that the recipient is outside the UAE may still be met, despite the recipient having a UAE establishment.

Continued Uncertainty

While the FTA Clarification provided some welcome clarity in relation pre/post-supply visits to the UAE, as well as in relation to UAE branches and visits exceeding a month not effectively connected to the supply, there are still uncertainties despite the clarification.

For example, the FTA confirmed that a non-UAE recipient of services (including one which already has a UAE establishment) could potentially no longer be considered ‘outside the UAE’ if employees or directors come to the UAE during the period in which the services are performed, and this visit relates to the supply being made.

The problem in this case is that there is no de minimis limit and no concept of scale. For example, a director coming to the UAE for one day for an annual management meeting or in order to sign a contract for the supply could potentially prevent zero-rating. This would be a harsh interpretation of the law but based on currently available information is perfectly possible.

In summary, UAE businesses involved in the export of services should continue to be careful, especially where customer staff are likely to visit the UAE, as certain seemingly insignificant trips could inadvertently cause previously zero-rated supplies to become standard-rated. Where there is any doubt, professional advice or a private clarification from the FTA should be sought.

Source : GCC FinTax

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Waive municipality and VAT taxes to free up costs to revive UAE's hotel industry

Waive municipality and VAT taxes to free up costs to revive UAE’s hotel industry

Local emirates will need to offer 25-50 per cent subsidy for staff accommodation costs and utility companies waive off transfer fees for the UAE’s hotel industry to see off the pandemic.

There will also need to be an immediate waiver of all employment permit and visa charges, as well as of municipality and VAT payments as part of a multi-pronged effort to revive an industry pulverized by COVID-19 disruption and yet to make a sustained recovery.

And hotels must also be released from hosting “non-stranded guests who refuse to pay for their stay.

These form some of the recommendations a think-tank set up by Mashreq Bank has come up with. It had earlier issued one for the local retail sector.

Joel Van Dusen, Head of Corporate and Investment Banking Group at Mashreq Bank, said in a statement: “The regional hospitality sector already faces multiple headwinds, and the pandemic has only further impacted the industry with factors such as the global economic environment, struggling tourist numbers and oversupply.

“Despite this, there are numerous opportunities which can be leveraged to make the industry a more sustainable proposition. This report presents insights and recommendations that act as a stimulus for the industry to come together and rethink the existing model.

“Only by creating a permanent shift in the way business is done will the hospitality industry be able to create strong momentum during the medium term.”

News Courtesy : Gulf News

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New Dead Line for ESR

January 31 deadline: Ensure your business abides by the new UAE economic substance rules

Adhering to UAE’s Economic Substance Regulations (ESR) is now a ‘must do’ reality facing business owners in the region, amid the challenging financial circumstances brought on by the COVID-19 pandemic.

New regulations, which were implemented in the UAE for fiscal years commencing January 1, 2019 and onwards, were announced by the government the last year and encompasses several industries in the country.

These regulations are now being tackled with renewed urgency by UAE corporates, to make sure they comply with the ESR (Economic Substance Regulations) before the deadline of January 31, after being extended from an earlier deadline of December 31. The Ministry of Finance (MoF) has worked over time to release an array of notices, statutory forms and guidance notes to ensure adequate details are at the disposal of licensees to prepare.

What are economic substance regulations?

The Economic Substance Regulations, or ESR, was issued by the UAE and is aimed at curtailing harmful tax practices and closely tracks the global standard set by the OECD (Organization for Economic Co-operation and Development).

As the UAE is a member of the OECD framework, in response to an assessment of the UAE’s tax framework by the European Union (EU) Code of Conduct Group on Business Taxation, the UAE introduced a resolution on Economic Substance on April 30, 2019.

Why imposes such regulations?

The UAE is not a tax-free jurisdiction. In 2018, the UAE introduced VAT to the country, as well as an excise tax applicable to certain goods.

Corporation tax is levied on foreign banks and oil companies operating in the country, and the UAE Ministry of Economy has been clear for some time that it is studying the effect of the introduction of a more general federal corporate income tax.

With fiscal transparency and regulation being a global priority, international financial organizations such as the OECD champion better global co-ordination on tax regulation, including measures to tackle tax evasion, so that businesses cannot make profits from differences in tax legislation around the world.

Rules track similar moves made worldwide

The UAE is one of the several tax-free or low tax countries that have put similar regulations into practice last year – some of them being the Bahamas, Cayman Islands, British Virgin Islands, Mauritius, Seychelles, Jersey, Guernsey, the Isle of Man, and Bermuda.

As the UAE eyes prospects as an international incorporation destination, analysts say the country will be targeting to keep its most promising regard as one of the easiest countries in the world to do business in.

Companies active in these sectors are considered ‘relevant entities’ and must comply with economic substance regulations.

It applies to all companies established in the UAE (except those entities in which a minimum 51 per cent direct or indirect investment is from government authorities) and which have income from a relevant sector in any accounting period commencing on or after January 1, 2019.

However, allowances will be less stringent for those managing holding companies (such as those that only derive equity-based interest income) and additional requirements apply to anything related to high-risk intellectual property.

What are the economic substance tests that firms should get done?

All the firms falling under the above-mentioned list of activities, getting income in the relevant sector in the specified accounting period will be required to demonstrate adequate “substance” in the UAE

These are the pre-requisite tests that will allow the government to determine if firms comply with the norms.

News Courtesy : Gulf News

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