Value Added Tax (VAT), an indirect tax levied on consumption of goods and services has been adopted as a system by almost 160 countries globally. This tax serves as another segment for revenue generation for the Government of UAE. If you are a business owner or looking to establish your business in UAE, there are legal compliance matters relating to VAT Law that you should follow to avoid penalties.
Now is a critical opportunity to ensure that your business maintains VAT compliance to effectively manage VAT risks and potential liabilities, including the possibility of incurring criminal penalties. Delaying corrective measures until a VAT inquiry is initiated by the Federal Tax Authority could prove to be too late, leaving you exposed to substantial VAT obligations, statutory interest charges, as well as severe administrative and criminal penalties, which can be particularly punitive. This is precisely why we created our unique, personalized VAT Health Check Service, designed to address the unique circumstances and needs of your business.
We can help you by:
• Reviewing your VAT processes and suggesting any potential improvements;
• Reviewing VAT documentation and records to ensure adequacy and compliance with legal requirements;
• Verifying compliance with invoicing and fiscal receipt requirements;
• Identifying any VAT compliance gaps and recommending corrective actions;
• Highlighting cost-saving possibilities and other opportunities to enhance VAT efficiency;
• Recommending improvements to your business’ overall VAT reporting and control framework; and
• Delivering customized VAT training to your team, with a particular focus on matters identified during our VAT health check work
GCC countries have signed an
agreement known as the Unified VAT Agreement and UAE is one of the member
state as a party in that Agreement. VAT was mutually agreed to be introduced
in GCC to dilute the dependency of the entire country on oil and other
hydrocarbon products.
Various laws at GCC and Country level were passed resulting the VAT
accounting.
UAE VAT
There are 3 kinds of VAT rate in the UAE
1.Standard Rate
Most of the goods and services have been taxed at the standard rate of 5%.
These include electronic items, automobiles, fuel, jewellery, food &
beverage, apparels, entertainment services, cosmetics, restaurants & hotels,
commercial leasing, construction, etc. However, since the introduction of
the VAT, several clarifications and Industry specific laws have been
passed.
2.Zero Rate
For certain categories of goods and services, VAT is charged at zero rate,
i.e., such items are taxable but with a zero rate. Items taxed at zero
percent include export of goods or services, international transportation of
goods and passengers, supply of certain means of transport, supply or import
of investment precious metals (of 99% purity or more), residential
buildings, buildings used by charities, certain education services, and
certain healthcare services.
3.Exempt
VAT is not applicable for goods and services falling under this category. It
includes financial services, certain residential buildings, bare land, and
local passenger transportation.
Essential Documents for VAT Accounting
Any business needs to submit a set of documents in order to initiate the
process of VAT Accounting. The set of essential documents includes:
Record of all supplies and imports of goods
Tax credit notes and alternative documents
All tax invoices
Reports of goods exported
Taxable supplies received or made
Due on tax supplies
Recoverable tax supplies or imports
Apart from these, the Federal Tax Authority (FTA) can also ask for certain
details like Annual Account details, General Ledgers, VAT Ledgers, Purchase
daybooks, Invoices issues, Credit and Debit notes, etc.
Penalty for Not Keeping Proper Records
Failure by person or business to keep a track of proper records would result
in a penalty of AED 10,000. If the offense is repeated again, a sum of AED
50,000 maybe imposed.
VAT was introduced in UAE effective 1st
January 2018. The initial legislation issued included the following:
1.Unified VAT Agreement for the Cooperation Council for the Arab States of
the Gulf
2.Federal Decree-Law No. (8) of 2017 on Value Added Tax
3.Cabinet Decision No. (52) of 2017 on the Executive Regulations of the
Federal Decree-Law No (8) of 2017 on Value Added Tax
4.Federal Law No. (7) of 2017 on Tax Procedures
5.Cabinet Decisions No. (36) of 2017 on the Executive Regulation of Federal
Law No. (7) of 2017 on Tax Procedures
6.Cabinet Resolution No. (40) of 2017 on Administrative Penalties for
Violations of Tax Laws in the UAE
7.Common Excise Tax Agreement of the States of the Gulf Cooperation Council
(GCC)
The internal accounts team of many organisations had initial training or
advisory from external consultants or by attending the government conducted
seminars but there have been many clarifications issued since the launch.
IFC VAT team is fully up to date with laws and clarifications. We provide
mock FTA Audit service to the clients who would like to ensure that they are
compliant and their internal team is processing the data and keeping records
as required by the law.
VAT has been introduced in UAE effective 1st
January 2018. There are various framework, laws and regulations issued at
GCC and UAE level. As this is a new tax introduced, there have been various
clarifications issued since VAT was implemented in UAE. The list of current
legislation is as below:
1.Unified VAT Agreement for the Cooperation Council for the Arab States of
the Gulf
2.Federal Decree-Law No. (8) of 2017 on Value Added Tax
3.Cabinet Decision No. (52) of 2017 on the Executive Regulations of the
Federal Decree-Law No (8) of 2017 on Value Added Tax
4.Federal Law No. (7) of 2017 on Tax Procedures
5.Cabinet Decisions No. (36) of 2017 on the Executive Regulation of Federal
Law No. (7) of 2017 on Tax Procedures
6.Cabinet Resolution No. (40) of 2017 on Administrative Penalties for
Violations of Tax Laws in the UAE
7.Common Excise Tax Agreement of the States of the Gulf Cooperation Council
(GCC)
As a business owner you are require to comply with the laws. Experienced Tax
Consultants can assure peace of mind to the owners. IFC team comprises of UK
qualified Chartered Accountants where they have extensive experience of
dealing with VAT. Our team of VAT experts at IFC are constantly updating
themselves with the new clarifications issued by Federal Tax Authority and
work closely with our clients to ensure compliance.
VAT Implementation is critical for any organisation
that is required to register for VAT. Implementation of VAT is not just
about knowing the rules and then applying to the accounting system.
Our aim is to thoroughly understand your operations, business processes and
contractual obligations. Thereafter, we provide a complete solution which
incorporates the following five (5) key areas that impact the business due
to VAT:
1.Compliance – Compliance with the aspects of law relating to the activities
carried on by the business
2.Supply Chain – VAT is tax on the value added as the goods change ownership
in the supply chain
3.Accounting and Reporting
4.Technology Refresh
5.Change Management and Training
All businesses with annual revenue of Dh 375,000 or
more are required to submit their VAT registration online applications
within 30 days of being required to be registering.
Types of VAT Registration
A) Mandatory Registration
The mandatory registration limit is AED375,000. Businesses are required to
register if they satisfy the following:
For over the 12-month period, the taxable supplies of the business are
higher than the mandatory registration threshold, or
The business expects to make taxable supplies in the next 30 days that will
take the taxable turnover beyond the mandatory registration threshold.
B) Voluntary Registration
The amount for the voluntary registration threshold is AED 187,500.
Businesses that do not meet the mandatory registration criteria but fall in
the following category may opt for a voluntary registration:
In the previous 12-month period, their taxable supplies or taxable
expenditures are worth more than the voluntary registration threshold,
or
The business expects for their taxable supplies or taxable expenditure for
the next 30 days to be worth more than the voluntary registration
threshold
Penalty for Non-Registration under VAT
Any company that misses the VAT Registration cutoff date or fails to
complete the VAT registration process under the deadline set by the Federal
Tax Authority will be levied a fine of AED 20,000.
VAT Group Registration
VAT Group Registration is a tax registration process where two or more
business parties join together to form a group, with the intention of having
one registration number and paying single tax. A VAT group allows people and
entities that are closely linked financially, economically and
organizationally to operate as a single VAT person. Group registration
allows the companies within the Group to invoice each other without VAT.
The name for VAT Return Form is ‘VAT 201’. This has
been divided into different sections:
1.Taxable Person Details
2.VAT Return Period
3.VAT on sales and all other outputs
4.VAT on expenses and all other outputs
5.Net VAT Due
6.Additional reporting requirements
7.Declaration and Authorized Signatory
In order to access VAT 201, one needs to log in FTA E-services using their
username and password. The non-filing or incorrect filing could in paying
penalties ranging from AED 1,000 to AED3,000.
If you are an entrepreneur and planning to start your business in UAE you
are mandated to keep proper book of accounts and register for VAT. At IFC,
we can help you file VAT Returns correctly.