Taxation under the UAE Corporate Tax

Taxation under the UAE Corporate Tax

Taxation under the UAE Corporate Tax

Basis of taxation

This section sets out the proposed basis of taxation under the UAE CT regime.

Residents

Residency is a key determinant of whether business profits will be subject to CT in the UAE.

A legal person that is incorporated in the UAE will automatically be considered a ‘resident’ person for UAE CT purposes. Equally, any natural person who is engaged in a business or commercial activity in the UAE, either in their own name or through an unincorporated partnership, will also be considered a resident person for purposes of the UAE CT regime.

A foreign company may be treated as a resident person if it is effectively managed and controlled in the UAE. Determining whether an entity is effectively managed and controlled in the UAE is a question of fact, but would typically look at where the directors or other decision-makers of the company make the key management and commercial decisions.

UAE resident persons will be taxable in the UAE on their worldwide income, which for a natural person will be limited to the income earned from their business activity carried out in the UAE. However, certain income earned from overseas will be exempt from CT, including income from foreign branches and qualifying foreign shareholdings. Further details of these exemptions are set out in section 5 of this document.

UAE resident persons will be taxable in the UAE on their worldwide income, which for a natural person will be limited to the income earned from their business activity carried out in the UAE. However, certain income earned from overseas will be exempt from CT, including income from foreign branches and qualifying foreign shareholdings. Further details of these exemptions are set out in section 5 of this document.

Non-residents           

Non-residents will be subject to UAE CT on:

● Taxable income from their Permanent Establishment in the UAE; and

● Income is sourced in the UAE.

Permanent Establishment (PE)

The concept of PE is an important principle of international tax law used in CT regimes across the world.

The main purpose of the PE concept is to determine if and when a company has established sufficient presence in a foreign country to warrant the direct taxation of the business profits of the company in that country. Generally, a country only has the right to tax the business profits of a foreign company if that company has a PE in that country.

The PE concept under the proposed UAE CT regime has been designed on the basis of the OECD Model Tax Convention. Article 5 of the OECD Model Tax Convention sets out internationally recognized principles for determining what constitutes a PE, which will form the basis for determining a PE under the UAE CT regime.

This approach allows foreign companies to use the extensive OECD Commentary on Article 5 when assessing whether they have a PE in the UAE, and the outcome of this assessment should typically be aligned with the position where there is a double tax treaty in place between the country of the foreign company and the UAE (as the UAE’s double tax treaties are generally based on the OECD Model Tax Convention).

The activity threshold that will trigger a PE for a foreign company in the UAE will be determined by the following two main tests:

● Fixed place of business test

 ● Dependent agent test

Fixed place of business test

A foreign company will have a PE in the UAE if it has a “fixed place” in the UAE through which the business of the foreign company is wholly or partly carried on.

A fixed place of business will include a place of management, a branch, an office (including a temporary field office or an employee’s home office), a factory, a workshop, real property, and a building site where activities are carried on for over 6 (six) months. Installations and structures used in the exploration of natural resources, as well as mines, oil or gas wells, quarries, and other places of extraction of natural resources will also be considered PEs.

No PE may arise if the activities carried out through the “fixed place” in the UAE are preparatory or auxiliary in nature. Generally, preparatory or auxiliary activities are those performed in preparation or in support of more substantive business activities of the foreign company. Examples of preparatory and auxiliary activities include limited marketing and promotional activities, performing market research, and attending seminars or conventions.

A fixed or permanent place in the UAE may also not be considered a PE if it is used only to store, display or deliver the foreign company’s goods or keep a stock of goods with the sole purpose of making them available to another person for processing.

Dependent agent test

In the absence of a “fixed place of business” in the UAE, the activities of a so-called “dependent agent” in the UAE could still create a PE for a foreign company in the UAE.

The “dependent agent test” may be met where business travelers or UAE-based persons act on behalf of the foreign company in the UAE and have, and habitually exercise, the authority to conclude contracts in the name of a foreign company. This includes situation 16 where the person negotiates or concludes contracts in the UAE on behalf of the foreign company without material intervention from the non-resident company.

A PE would not arise where a person carries on the foreign company’s business in the UAE in the ordinary course of their own business. This so-called independent agent exclusion would only apply where the person does not work exclusively for the foreign company and is truly legally and economically independent from the foreign company.

The same PE rules and principles will apply to determine whether a Free Zone Person has a PE in mainland UAE.

Investment manager exemption

Considering the UAE’s position as a leading investment and wealth management center, the UAE CT regime will allow regulated UAE investment managers to provide discretionary investment management services to foreign customers without triggering a UAE PE for the foreign investor or the foreign investment fund. This exemption will be subject to conditions that are comparable to similar regimes in leading financial centers.

UAE sourced income

UAE sourced income earned by a foreign person that does not have a PE in the UAE will be subject to withholding tax at a rate of 0% (zero percent).

The UAE CT regime will have specific rules and guidelines to determine whether income has a source in the UAE. However, income will generally be considered UAE sourced if the income is earned from a UAE resident person, if the payment is attributed to a PE in the UAE of a foreign company, or if the income is derived from activities or contracts performed in the UAE, assets located in the UAE, or rights used for economic purposes in the UAE.

The same principles will be applied to determine if a Free Zone Person earns income from a source in mainland UAE.

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News Courtesy: Public Consultation Document UAE Corporate Tax

Is UAE Free Zones Subject to Corporate Tax

Is UAE Free Zones Subject to Corporate Tax?

Is UAE Free Zones Subject to Corporate Tax?

Free Zones are an important part of the UAE economy and have been central to achieving the country’s aim of encouraging foreign direct investment and enhancing the ease of doing business.

Whilst companies and branches that are registered in a Free Zone (hereafter referred to as “Free Zone Persons”) will be within the scope of the UAE CT and subject to tax return filing requirements, the UAE CT regime will honor the tax incentives currently being offered to Free Zone Persons that maintain adequate substance and comply with all regulatory requirements.

In line with the original intention and purpose of Free Zones, a Free Zone Person can benefit from a 0% CT rate on income earned from transactions with businesses located outside of the UAE, or from trading with businesses located in the same of any other Free Zone. The 0% CT rate may also apply to income from certain regulated financial services directed at foreign markets.

A Free Zone Person that has a branch in mainland UAE will be taxed at the regular CT rate on its mainland sourced income, whilst continuing to benefit from the 0% CT rate on its other income.

Where a Free Zone Person transacts with mainland UAE but does not have a mainland branch, the Free Zone Person can continue to benefit from the 0% CT rate if its income from mainland UAE is limited to ‘passive’ income. This would include interest and royalties, and dividends and capital gains from owning shares in mainland UAE companies.

The UAE wishes to maintain its status as the leading regional hub and headquarters location and, therefore, the 0% CT regime will also apply to transactions between Free Zone Persons and their group companies located in mainland UAE. However, to ensure the CT neutrality of such transactions, payments made to the Free Zone Person by a mainland group company will not be a deductible expense.

Finally, a Free Zone Person located in a Designated Zone for Value Added Tax (VAT) purposes can benefit from the 0% CT rate on income from the sale of goods to UAE mainland businesses that are the importer of record of those goods.

To prevent Free Zone businesses from gaining an unfair competitive advantage compared to businesses established in mainland UAE, any other mainland sourced income will disqualify a Free Zone Person from the 0% CT regime in respect of all their income.

A Free Zone Person will at any point in time be able to make an irrevocable election to be subject to the regular CT rate.

Where a Free Zone Person benefits from the 0% CT regime in respect of mainland sourced income, such income will be within the scope of withholding tax (to be applied at 0%).

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News Courtesy: Public Consultation Document UAE Corporate Tax

Who will be subject to UAE Corporate Tax

Who will be subject to UAE CT?

Who will be subject to UAE Corporate Tax (CT)?

On 31 January 2022, the Ministry of Finance announced that the United Arab Emirates (UAE) will introduce a federal Corporate Tax (CT) on business profits effective for financial years starting on or after 1 June 2023. Since the announcement, work has continued on the finalization of the UAE CT regime to ensure that it incorporates best practices globally and minimizes the compliance burden for businesses.

Recognizing the importance of consultation with the business community and other interested stakeholders, the Ministry of Finance is launching this initiative ahead of the official release of the UAE CT legislation.

Making a submission   

The Ministry of Finance welcomes comments on this consultation document by 19th May 2022, using the online submission form FORM LINK.

The Ministry of Finance would appreciate clear and concise comments with, where possible, examples, data, or other information to support views on the main features and implementation of the UAE CT regime.

Interested parties are encouraged to focus their comments on aspects of the proposed CT regime that may help to reduce compliance cost and complexity, and improve certainty for both businesses and the tax administration. Interested parties can also provide comments on other areas

Any comments received after 19th May 2022 or that are submitted in any manner other than by using the prescribed online submission form will not be considered.

Submissions will remain confidential and will not be published or shared with any other Government department.

Who will be subject to UAE CT?

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News Courtesy: Public Consultation Document UAE Corporate Tax

UAE Revamps Visa System

UAE Revamps Visa System

UAE Revamps Visa System

UAE Revamps Visa System: As Covid-19 travel restrictions come to an end, the UAE has seized the opportunity to overhaul its visa system. The eligibility for Golden Visa and family sponsorship has been expanded, there has been the introduction of a job seekers visa, a multiple-entry tourist visa, and a 60-day tourist visa. The changes seek to improve stability for residents, stimulate the economy, and improve flexibility for job seekers and tourists.

Sponsorship


The change of most relevance to families in the UAE is the expansion of the sponsorship capabilities. Residents may now sponsor their sons until the age of 25 (up from the age of 18). Children who are sponsored on their parent’s visas are also now permitted to engage in part-time work. Further, as part of the UAE’s push to increase tolerance towards people of determination, families may now also sponsor children with disabilities, regardless of their age.

Green Visas


First discussed in 2021, the UAE has now introduced a new form of residence that does not require sponsorship. This visa will be available to skilled professionals, freelancers, and entrepreneurs. The visa will be for a period of 5 years with a 6-month grace period once it has expired.

Golden Visa


Golden Residence holders may now sponsor as many domestic workers as they require. They also do not face the same limitations as other residents regarding the sponsorship of their children, who may be of any age. Family members sponsored by Golden Visa holders may also now remain in the country in the event of the holder’s death for the remaining duration of the visa. The eligibility criteria for Golden Visa holders as also been expanded to include skilled professionals with salaries over AED 30,000. Prior to this change, only individuals who significantly contributed to the economy or society were eligible. Further, all restrictions regarding the amount of time Golden Residents must spend in the UAE have been removed.

Entry Permits


The UAE has now extended the duration of standard entry permits (including tourist visas) to 60 days. A new five-year tourist has also been introduced that does not require sponsorship. Holders may enter the country multiple times, provided they do not spend more than 90 days in the country for each 180-day period. There have also been the introduction permits for the purposes of job seeking or exploring business opportunities in the country.

Going Forward


With these changes, the UAE is going to ensure that residents who have built their lives in the country are afforded more stability. They will also make it easier for individuals with useful talents to enter and remain in the country. The introduction of new entry permits will also aid in increasing tourism and boosting investment. These changes are evidence of the Governments efforts to not only ensure the UAE’s attractiveness to new ex-pats but also to mitigate the uncertainty residents faced at the beginning of the pandemic should a similar event ever occur.

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VAT Group Registration in the UAE: All things you need to know

VAT Group Registration in the UAE: All things you need to know

VAT Group Registration in the UAE: All things you need to know

The Federal Tax Authority issued a public clarification to provide a guide on tax groups in UAE in relation to VAT. The guide is for businesses in the country that are interested in creating tax groups, removing or adding members to an already existing tax group, and disbanding an entire tax group. In this article, we’ve summarized all there is to know about UAE VAT (tax) groups, including implications for grouping businesses for VAT purposes, eligibility for the formation of a tax group, additional criteria that may have to be addressed for different businesses as per the direction of government entities, as well as the methods in which tax groups may be amended or formed.

How Can You Create a Tax Group in UAE?

In order to apply for the creation of a tax group for VAT purposes in UAE, businesses must fulfill conditions, which include the following:

  • A business that wants to be a member of a tax group must be carrying business in a particular place independently and regularly. 
  • A tax group member has to possess its own legal personality with the capability of entering into contracts using its own name. 
  • A tax group member has to be a UAE resident either by having a fixed or primary business establishment. 
  • A tax group member has to share organization, financial, and economic ties to a certain extent with other members and should also have a certain amount of control over other tax group members

What are the Requirements to be fulfilled by members of a tax group?

In order to successfully create a tax group in UAE, government entities often require the adherence to additional criteria, which include the following:

  • A designated government entity may be able to belong to a tax group, but it has to be a tax group that is composed only of other designated bodies of the government. 
  • A government body that is not designated and has been registered in its own right may form or belong to a tax group that is with other kinds of legal entities and will be subject to regulations for tax grouping in the UAE. 

In order to figure out whether a group is eligible or required in registering for the purpose of UAE VAT, it’s necessary to establish whether or not the requirements for tax group registration in UAE have been satisfied. The requirements for VAT registration are satisfied if:

  • The total value for the group’s supplies or expenses that have been incurred satisfies the requirements for registration; 
  • If either one member satisfies the registration requirements

An application for a VAT group in UAE will be reviewed by the Federal Tax Authority within twenty business days from the receipt of the tax group application. An application that is approved will come into effect following necessary checks by the FTA officials either on the first day for a tax period following the tax period wherein the application was received and approved or on a date that is specified by the tax authorities.

How to Make Changes in a Tax Group in UAE?

  • Adding of members to a UAE tax group – a new member may be added to an existing tax group by providing the FTA with the requirements, including the application. The application will be subject to necessary checks. The date of registration of a new member for a tax group would be effective on a date that is specified by authorities or on the first day of the tax period following the period wherein the application was acknowledged by the FTA. 
  • Removal of a member from a UAE tax group – a tax group can remove any of its members, but the FTA must provide its approval. An application has to be submitted and a representative member of the tax group should inform the tax authorities twenty days prior to a member becoming ineligible. Removal of a member is subject to review by the FTA as well. 
  •  Changing a tax group’s representative – an existing tax group representative member will have to submit to the FTA an application for the appointment of a new member that will be its representative. 
  • Disbanding of a tax group – a tax group can cancel or disband itself at any time or when it is no longer meeting the tax grouping criteria. The group’s representative member has to notify the FTA twenty days prior to a group becoming ineligible. 

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User Guide: Whistle Blower Program for Tax Violations and Evasio

Whistle Blower Program for Tax Violations and Evasion

User Guide: Whistle Blower Program for Tax Violations and Evasion

The Federal Tax Authority (“FTA”) is the government entity responsible for the administration, collection, and enforcement of federal taxes in the United Arab Emirates (“UAE”).
The following federal taxes apply in the UAE:

  • Excise Tax – introduced with effect from 1 October 2017
  • VAT – introduced with effect from 1 January 2018

As part of its mandate to enforce federal taxes in the UAE, the FTA continuously monitors taxable persons to ensure compliance with the applicable tax legislation, leading to a prosperous business environment of fair and equal opportunities. The FTA further encourages reporting non-compliant business activities through the Raqeeb Programme (Whistle Blower Program for Tax Violations and Evasion), as explained in this guide.

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Source: FTA

UAE VAT on additional Gross Floor Area

UAE VAT on additional Gross Floor Area

UAE VAT on additional Gross Floor Area

VAT on additional GFA

Over the past years, the UAE has witnessed exponential growth in the development of real estate projects, and it is known for its flamboyant infrastructure. The master developers are creating new communities having residential, commercial, and leisure establishments. In addition, the plot of land is also sold to other builders for similar development purposes. This brings us to an important question on the taxability of Gross Floor Area (‘GFA’).

What is GFA

Prior to the development of any community, the master developer is required to get approval from the Dubai Authority. The developer is required to submit a plan of the project bifurcated into plots having numbers, land usage, area, GFA, number of buildings, number of dwelling units, and maximum building height. Basis the development, GFA is allotted to each plot as well as overall GFA for the project is assigned. Basis such approval, guidelines for the overall support infrastructure i.e. number of parks, open areas, roads, etc. is also assigned for each project. 

The master developers sell individual plots along with the permitted GFAi.e.the permissible construction limit on the plot. Interestingly, the value of land is typically determined based on permissible GFA on the plot. These details form part of the Sales & Purchase Agreement (‘SPA’) which is registered with the Lands Department.

Requirement of additional GFA

In many instances, the buyer (post-execution of the SPA) approaches the developer requesting for allotment of additional GFA. The additional GFA is for consideration. For e.g.as per the SPA, the permissible limit was to construct 15 floors accommodating X number of people and now the owner wishes to construct 20 floors accommodating Y number of people. The arbitrage for GFA is requested by the owner from the developer.

In such cases, the master developers approach the respective authority for modification of the Master Plan approved. Based on the revised permitted GFA, the master developer allots additional GFA to the buyer basis, and construction is started by the owner.

There may be multiple reasons for a request for additional GFA such as a change in construction plan, etc. In many cases, the plot would have been resold and additional GFA is being requested by the new owner. This brings us to the possible taxability of the additional consideration received by the Master Developer in lieu of additional GFA sold:

  1. Scenario I –Can the original SPA be amended?
  2. Scenario II – Is allotment of additional GFA a separate supply?

Scenario I – Can the original SPA be amended?

At the time of execution of SPA, certain conditions such as terms of payment, plot details, and GFA would have been mentioned in the contract which is also registered with the Dubai Lands Department (‘DLD’). A view may be adopted that allotment of additional SPA is by way of amending the original SPA. Therefore, any additional consideration should take the color of the original supply which was the sale of bare land. Thus the additional consideration received should also be VAT exempt. However, this is not a straight-forward simple solution as it may trigger the following issues:

  • A sale of real estate is an indivisible supply, it should get triggered under Article 25 of the UAE VAT Law. The date of supply would have been triggered on the signing of the SPA and the same would have been reported by the Master Developer in its VAT return. The amendment would have to be separately reported.
  • Is it permissible to amend the SPA post facto. Thus the Legal Team is required to be approached.
  • It may impact the DLD fee which is computed on the sale value of the SPA and required to be paid by the buyer.

Scenario II – Is allotment of additional GFA a separate supply?

Alternatively, allotment of additional GFA may be considered as a new supply altogether and not be linked with the sale of the original plot of land. This is on the basis that the existing transaction was complete on registering the original SPA with the DLD. Any subsequent request is a fresh allotment which is to be considered as a ‘right is being provided/ permission is being granted by the Master Developer to the current owner of the plot. The UAE VAT Law considers granting, assignment, cessation, or surrender of a right as a supply of services, and thereby the additional consideration should be subject to VAT at 5%. 

VAT on Real Estate has been the most complex around the world. With complexities increasing, it is imperative for businesses to involve the respective teams to determine the nature of supply and adopt correct taxability.

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News Courtesy: gccfintax.com

How do you deal with VAT on expenses like mobile phones, airtime

How do you deal with VAT on expenses like mobile phones?

How do you deal with VAT on expenses like mobile phones, airtime, and data packages made available to employees?

WHY IS THE TOPIC RELEVANT?

The amount of VAT spent on expenses like mobile phones and data packages made available to employees is a recurring and one of the important expenses for most businesses in the UAE. Also, due to COVID 19, there has been an increase in work-from-home arrangements increasing the scope of such expenses. There existed uncertainty regarding availing of Input Tax Credit on them.

WHY DID THE UNCERTAINTY EXIST?

There is potential private use of such Phones, Airtime, and Packages by the employees. And it resulted in ambiguity if the businesses are entitled to recover the Input Tax Credit or not.

BACKGROUND AND REFERENCE TO LAW

Article 53(1)(c) of the Executive Regulation prohibits the recovery of Input Tax incurred on goods or services purchased to be used by an employee for their personal benefit without any charge to the employee, unless there is a legal or contractual obligation on the employer to provide such service for the employee to perform their role, or it is a deemed supply.

However, Article 53(1)(c) of the Executive Regulation does not apply where a taxable person can prove that the goods or services are used solely for business purposes.

THE PUBLIC CLARIFICATION

The Federal Tax Authority (FTA) published a VAT Public Clarification (VATP028) to guide the application of the VAT legislation concerning the recovery of input tax incurred on phones, airtime, and packages acquired for business use. 

According to the Public Clarification, where an employer acquires phones or telecommunication services for use by its employees solely for business purposes and has a strict policy to restrict their use for business purposes, the right to use the devices and telecommunication services would not constitute a personal benefit for the employee, provided its value was determined based on actual historical business usage.

The Public Clarification further clarifies that a business is entitled to recover input VAT on such expenses if these costs are incurred to make taxable supplies and all the following conditions are met:

  • The business is registered for VAT and acquired Phones, Airtime, or Packages services in its own name;
  • The business has a documented policy in place which clearly states that the Phones, Airtime, and Packages may only be used for business purposes and the consequences of any personal use;
  • The business regularly monitors the use of Airtime and Packages and retains justification for the variances;
  • The business takes action against employees using Phones, Airtime, and Packages for personal use in accordance with the documented policy; and
  • The business retains valid tax invoices in respect of the Phones, Airtime, and Packages acquired.

The Public Clarification puts its emphasis on the fact that only documented policies that were already in place at the time the Phones, Airtime, and Packages were made available to the employee will be considered.

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Systems for VAT refund scheme for tourists are ready

Systems for VAT refund scheme for tourists are ready

Federal Tax Authority Confirms ‘Systems for VAT Refund Scheme for Tourists Are Ready’ for Steady Growth in Tourist Footfall

The Federal Tax Authority (FTA) confirmed that the VAT Refund Scheme for Tourists is witnessing continuous development, advancement, and expansion by introducing more facilities to streamline and speed up the refund process for tourists eligible for a tax refund. 

The Authority noted that the system witnessed a significant increase in demand recently, as travel restrictions are gradually relaxed. The tourism sector in the UAE started showing signs of recovery from the COVID-19 pandemic, driven by the mega-event Expo 2020 Dubai and the government’s efforts in supporting the travel industry.

During the Global Tourism Forum Pre – Post the COVID-19 Pandemic – which was held at Expo 2020 Dubai and organized by the Federal Tax Authority in collaboration with Planet (FTA’s authorized VAT Refund Scheme for Tourists operators) – the Authority showcased the pandemic’s implications on shopping patterns and purchasing consumers’ behaviors along with economic indicators of the recovery of the tourism sector globally and locally. The event brought together representatives from many departments including the Department of Economic Development, Tourism Development Department, and Department of Finance.

During the opening of the forum, His Excellency Khalid Ali Al Bustani, Director-General of the FTA, assured the utmost readiness and efficiency of the VAT Refund Scheme for Tourists. The system is one of the most innovative digital systems based on smart connectivity without paper transactions. The system is part of FTA’s integrated electronic platforms, which contributes to promoting an innovation-friendly environment and improving quality of life, in line with the vision of the wise leadership to make the UAE one of the best and most developed countries in the world.

Commenting on the indicators, His Excellency noted the high level of tourist satisfaction with the system. The UAE is one of the first countries to implement such a VAT Refund Scheme for Tourists that is characterized by the speed of completion of refund requests in mere minutes, ease of procedures, and clarity.

“Despite the significant negative implications of the COVID-19 pandemic in the past two years, the tourism sector, among others, has gradually begun to recover. The sector witnessed positive growth driven by the increasing rate of immunization against the virus, coupled with easing restrictions,” H.E. added. “Considering the current state of the tourism sector, the electronic VAT Refund Scheme for Tourists is gaining increasing importance. The system reflects the continuous development the UAE is leading in all fields and contributes to strengthening the tourism and travel sectors. As one of the leading sectors playing a major role in enhancing the local economy, the UAE’s tourism industry contributes significantly to the country’s GDP. The sector is characterized by its safe environment, hospitable people, attractive landmarks, and services that meet the highest international standards.”

The VAT Refund Scheme for Tourists includes a fully integrated electronic system that creates a direct link between 13 air, land, and maritime entry and exit ports across the UAE, with more than 13,800 stores registered with the Authority, allowing tourists to submit tax refund requests on their purchases. The system relies on advanced technologies allowing tourists eligible for tax refunds to reclaim the VAT they incurred, provided they meet the conditions and criteria specified in the government decisions issued in this regard.

The Self-Service Kiosks provide more facilities for tourists and are equipped with the necessary technology to enable tourists to complete tax refund procedures automatically. Visitors at Expo 2020 Dubai admired the devices, which can process tax refund procedures for tourists within two minutes. There are more than 82 operational Self-Service Kiosks, spread across major malls and hotels, while the VAT Refund Scheme for Tourists is available at air, land, and maritime entry and exit ports across the UAE.

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UAE Corporate - Other taxes

UAE Corporate – Other taxes

UAE Corporate – Other taxes

Value-added tax (VAT)

VAT was introduced in the United Arab Emirates on 1 January 2018. The general VAT rate is 5% and applies to most goods and services, with some goods and services subject to a 0% rate or an exemption from VAT (subject to specific conditions being met).

The 0% VAT rate applies to goods and services exported outside the VAT-implementing Gulf Cooperation Council (GCC) member states, international transportation, the supply of crude oil/natural gas, the first supply of residential real estate, and some specific areas, such as health care and education.

Further, according to Cabinet Decision (No. 46 of 2020) on 4 June 2020, a person shall be considered as being ‘outside the state’, and thus fall under zero-rating export of services, 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.

A VAT exemption applies to certain financial services, as well as to the subsequent supply of residential real estate. Further, transactions in bare land and domestic passenger transport are also exempt from VAT.

Certain transactions in goods between companies established in UAE Designated (Free) Zones (DZs) may not be subject to VAT. The supply of services within DZs is, however, subject to VAT in accordance with the general application of the UAE VAT legislation.

For UAE resident businesses, the mandatory VAT registration threshold is 375,000 United Arab Emirates dirham (AED), and the voluntary registration threshold is AED 187,500. No registration threshold applies to non-resident businesses making supplies on which the UAE VAT is required to be charged.

VAT grouping is allowed, provided certain conditions are met.

There are specific documentary and record-keeping requirements, such as the requirement to issue tax invoices and submit VAT returns (on a quarterly or monthly basis depending on the allocation by the Federal Tax Authority [FTA]).

Excess input VAT can, in principle, be claimed back from the FTA, subject to a specific procedure. Alternatively, VAT credits may be carried forward and deducted from future output VAT.

Businesses that do not comply with their VAT obligations can be subject to fines and penalties. There are both fixed and tax-geared penalties.

Customs duties

Generally, a customs duty of 5% is imposed on the cost, insurance, and freight (CIF) value of imports. Other rates may apply to certain goods, such as alcohol and tobacco, and certain exemptions and reliefs may also be available. Further, the United Arab Emirates imposes anti-dumping duties on imports of certain goods, such as car batteries, ceramic and porcelain tiles, and hydraulic cement. The anti-dumping duty rates vary depending on the HS codes of the goods and country of export and/or origin. In some cases, the anti-dumping duty is 67.5% of the CIF value of the goods.

The United Arab Emirates is part of the GCC Customs Union, which was established in 2003 to remove customs and trade barriers among the GCC member states. No customs duties are levied on trade between the GCC member states (subject to certain conditions). Additionally, the United Arab Emirates grants duty-free imports to most national goods originating in member countries of the Greater Arab Free Trade Agreement, Singapore, and the European Free Trade Association countries (i.e. Norway, Switzerland, Iceland, and Liechtenstein).

While the UAE free trade zones (FTZs) are areas within the territory of the United Arab Emirates, these are, however, considered outside the scope of the customs territory. Therefore, goods imported into the UAE FTZs are not subject to customs duty. Customs duty is suspended until the goods are imported into the GCC local market.

Excise taxes

On 1 October 2017, the United Arab Emirates introduced an excise tax on tobacco and tobacco products, carbonated drinks, and energy drinks.

On 1 December 2019, the United Arab Emirates expanded the scope of excise tax to include sweetened drinks, electronic smoking devices, and tools, as well as liquids used in electronic smoking devices and tools.

The applicable tax rates are as follows:

  • 100% on tobacco and tobacco products, electronic smoking devices and tools, liquids used in electronic smoking devices and tools, and energy drinks.
  • 50% on carbonated drinks and sweetened drinks.

Municipal or property tax

Most Emirates impose a municipality tax on properties, mostly by reference to the annual rental value. It is generally the tenants’ obligation to pay the tax. In some cases, separate fees are payable by both tenants and property owners. For example, in the Emirate of Dubai, the municipality tax on the property is currently imposed at 2.5% on the annual rental value for commercial properties (paid by property owners) and 5% for residential properties (paid by tenants).

A registration fee may be levied on the transfer of ownership of land or real property. For example, a land registration fee is levied in the Emirate of Dubai at a rate of 4% of the fair market value of the property (a cost generally shared between the buyer and seller), payable to the Dubai Land Department. In Dubai, the registration fee may also apply to the direct or indirect transfer of shares in an entity that owns real property.

These levies are imposed and administered differently by each Emirate.

Stamp taxes

Currently, there are no separate stamp taxes levied in the United Arab Emirates.

Payroll taxes

Since there is currently no personal income tax in the United Arab Emirates, there is no payroll tax withholding obligation for employers.

Social security contributions

There is a social security regime in the United Arab Emirates that applies to qualifying UAE and other Gulf Cooperation Council (GCC) national employees only. Non-GCC nationals are not subject to social security in the United Arab Emirates.

For UAE national employees (with the exception of those employed in Abu Dhabi), social security contributions are calculated at a rate of 20% of the employee’s gross remuneration as stated in the local employment contract. Social security obligations also apply to employees of companies and branches registered in a free trade zone (FTZ). Out of the 20%, 5% is payable by the employee, 12.5% is payable by the employer, and an additional 2.5% contribution is made by the Government. A higher rate of 26% is applied in the Emirate of Abu Dhabi, where the contribution of the employer is increased to 15%, the Government’s contribution is increased to 6%, and the employee’s contribution remains 5%. 

For other GCC nationals working in the United Arab Emirates, social security contributions are determined in accordance with the social security regulations of their home country.

The employer is responsible for withholding and remitting employee social security contributions together with the employer’s share.

In the Dubai International Financial Centre (DIFC), the DIFC Employee Workplace Savings Scheme (DEWS) has been introduced, replacing the End of Service Gratuity Benefit (EOSG), with the aim of protecting long-term employee savings. The new scheme was rolled out on 1 February 2020, and employers now are required to make monthly contributions to DEWS or an alternative regulated Qualifying Scheme, as opposed to paying a lump sum ‘gratuity payment’ to an employee at the end of their employment.  Employers are required to contribute monthly contributions of 5.83% or 8.33% of the employee’s basic salary (the actual percentage is contingent upon the employee’s length of service) into the scheme.

Hotel tax and tourism levies

Most Emirates impose hotel levies, which apply to the value of hotel room rental, services, and entertainment. These levies are imposed and administered differently by each Emirate.

A Tourism Dirham fee is levied in the Emirate of Dubai. This is a charge on hotel guests and tenants of hotel apartments ranging from AED 7 to AED 20 per room per night depending on the star classification of the hotel, for example, a five-star hotel will levy a Tourism Dirham fee equal to AED 20 per room per night whereas a two-star hotel will levy a Tourism Dirham fee equal to AED 10 per room per night. In the Emirate of Abu Dhabi, hotels will levy a tourism fee equal to 6% of the hotel room rental and a destination fee of AED 15 per night.

In addition to the above tourism fees, the Emirate of Dubai also requires hotels to levy a 7% municipality fee on each hotel sale. Likewise, in the Emirate of Abu Dhabi, hotels are required to levy a 4% municipality fee. A hotel sale is a revenue generated by a hotel for services provided to their guests or visitors, which includes rent for the hotel room, food, beverages, and other services.

Hotels in all Emirates levy an additional service charge equivalent to 10% of the hotel sale revenue.

For more information on these services, please contact us:


Tel: +971 43 23 1183
Mob: +971 55 899 5971
E-mail: mail@alnuaimiauditors.com


All you need to know about VAT registration in the UAE

All You Need To Know About VAT Registration In The UAE

All you need to know about VAT registration in the UAE

Failing to apply for VAT registration on timely basis, will lead to penalties of Dh10,000.

Can every person (natural or legal person) in UAE, apply for VAT registration? The answer to this question is no. VAT registration of a person depends upon the taxable supplies or taxable expenses for a certain period. Based on the taxable supplies or taxable expenses, persons are liable to or can opt for VAT registration. Once they will be registered for VAT, they are liable to charge VAT on all their taxable supplies. Only taxable persons (the person registered or obligated to register for VAT) can claim input tax based on the normal input tax recovery rules.

Every person who has a place of residence in UAE or implementing state [there is no implanting state as of today, as implementing state conditions have not been fulfilled] can be categorized into the following three sections based on his taxable supplies or taxable expenses, and provisions for VAT registration for each category are different.

  • Persons whose taxable supplies are more than Dh375,000 in the past 12 months or next 30 days are compulsory liable to register for VAT [Compulsory VAT Registration].
  • Persons whose taxable supplies or taxable expenses are more than Dh187,500 in the past 12 months or next 30 days can opt for VAT registration [Voluntary VAT registration].
  • Persons whose taxable supplies or taxable expenses are equal to or less than dirhm 187,500 in the past 12 months or next 30 days cannot opt for VAT registration [Cannot opt for VAT registration]

Compulsory VAT registration

Every natural or legal person who is dealing in taxable supplies is liable to apply tests to assess its obligation to register for VAT, and the compulsory registration tests can be broken down into a historic test and a future test.

Historic test means to assess the taxable supplies of the last 12 months at the end of every calendar month. If by the end of any month, taxable supplies of a person of the previous 12 months exceed Dh375,000, then the person is liable to apply for VAT registration within 30 days from the end of the month. Where a person does not apply for VAT registration despite being required to, Federal Tax Authority (‘FTA’) shall register the person with effect from the first day of the month following the month in which the person is required to register or any earlier date.

Future test means to assess the taxable supplies of next 30 days only, and this test is required to be applied on daily basis. If a person has sufficient evidence that his taxable supplies will be more than Dh375,000 in the next 30 days, he is liable to apply for VAT registration within 30 days from the date he had evidence that his taxable supplies will be more than the above-mentioned threshold. Where a person is obligated to apply for VAT registration but did not apply for VAT registration, FTA shall register him from the date, the person was required to register or any earlier date with the mutual consent of the person.

A person who is not a resident of UAE or an implementing state, and making taxable supplies in UAE where no other person is liable to pay VAT on his behalf, it’s compulsory for such person to get himself registered for VAT.

Failing to apply for VAT registration on a timely basis, will lead to penalties of Dh10,000. The FTA may except a taxable person from mandatory VAT Registration upon his request if his supplies are only subject to the zero rates.

Voluntary VAT registration

VAT registered person can claim input tax and TRN [Tax Registration Number] reflects that he is not a very small player in the market. So, to claim input tax and to maintain its status, persons are usually seeking voluntary VAT registration when they are not meeting the threshold of compulsory VAT registration. The threshold for the voluntary VAT registration is Dh187,500 in the last 12 months or in the next 30 days based on the historic and future test respectively but the important thing is, while applying the voluntary test, a person can consider it taxable expenses as well. So, we can say that if in the last 12 months his taxable supplies or taxable expenses are more than Dh187,500, he can apply for voluntary registration under the Historic test; or by applying future test he can apply for VAT registration if his taxable supplies or taxable expenses in next 30 days are more than Dh187,500.

For the purpose of voluntary registration, the phrase “Taxable Expenses” means expenses that are subject to the standard rate, and which are incurred in UAE by a person who has a place of residence in the UAE. A Person may not register voluntarily unless he satisfies the FTA that he is carrying on a business in UAE.

Cannot opt for registration

A person whose taxable supplies or taxable expenses in the past 12 months or in the next 30 days are less than Dh187,500, cannot apply for VAT registration.

For more information on these services, please contact us:


Tel: +971 43 23 1183
Mob: +971 55 899 5971
E-mail: mail@alnuaimiauditors.com


News Courtesy:khaleejtimes.com

UAE Voluntary Disclosure User Guide

Voluntary Disclosure User Guide

Voluntary Disclosure User Guide – VAT & Excise Tax

This guide is prepared to help you successfully complete your Voluntary Disclosure Form
for Value Added Tax (VAT) and Excise Tax. It is designed to help you:
• provide accurate answers to the questions on your Voluntary Disclosure Form for
VAT and Excise Tax by explaining when are you eligible to submit the form and what
information you are required to provide; and
• understand the icons and symbols you might see as you complete the Form.
If you have additional questions on specific fields in the Voluntary Disclosure Form for
VAT and Excise Tax, please contact us.

For more information on these services, please contact us:


Tel: +971 43 23 1183
Mob: +971 55 899 5971
E-mail: mail@alnuaimiauditors.com


Ahmed Saleh Al Nuaimi Auditors and Accountants is a unique, high-spirited team of Certified Public Accountants ,  Chartered Accountants ,  Certified Management Accountants and Auditors making creative and innovative contributions to our clients and our community. The insights and quality services we provide help build trust and confidence among our clients. We offer an integrated array of specialized services including Audit, Accounting,Tax, Consulting and Advisory

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Bangalore, Karnataka

Tel: +91 80 412 02633
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