VAT (Value Added TAX), which is also called as ‘tax on consumption’ , is a tax that is payable while purchasing any product. VAT is applied as particular percentage of the cost of goods and services, hence it can not be considered as a charge on companies. It is a general tax amount, which is added by the producer to the inputs before they are sold as new offerings.
All UAE businesses subject to the Value-Added Tax have to submit their tax declaration statements on a quarterly basis after the VAT law goes into effect starting January 2018, according the Ministry of Finance.
The threshold for VAT registration put at Dh375,000 as per the ministry’s announcement this week.
It is optional to register between Dh187,500 and Dh375,000 .
UAE businesses will be able to start VAT registration in Q3 2017 and it is compulsory to be registered by Q4 2017.
Businesses will be able to register online using eServices.
The UAE businesses, subject to the tax, have to keep all files that allow competent authorities to audit their transactions and commercial activities, with the nature of the needed documents to be announced over the coming period. Businesses will be required to keep records which will enable the authorities to identify the details of the business activities and to review transactions. The specifics regarding the documents which will be required and the time period for keeping those will be communicated in due course.
Review your finance systems’ readiness for rapid implementation to meet these requirements. There will be a shortage of skilled consultants, and there are several holidays (EID, Diwali, Christmas, New Year, National Day etc. its also budget time, and preparation for year end audits,to fit in during the last quarter. Allow time for collection of your trading partners VAT registration ids, for report development and update, for testing and for staff training.
All six of the GCC member states: Saudi Arabia, Qatar, Oman, Kuwait, the UAE and Bahrain – have now signed and approved the VAT framework.
Registered businesses will be expected to submit VAT returns on a regular basis. It is expected that the default period for filing VAT returns will be three months for the majority of businesses. Registered businesses will be able to file their returns online using eServices.
Exemptions:
We understand that:
Health, education services, international transportation, import gold for investment purposes, commodities and exports are exempted from VAT in UAE.
Residential buildings for sale or lease during the first three years in which the building is completed, some financial services and empty plots of land are also exempted from VAT.
The GCC Member States will appreciate the VAT on financial provisions. The Banks and Financial House are ineligible for VAT in terms of the services provided, instead, they might be eligible for input tax based on tax recovery rates determined by each Member State.
The Federal Tax Authority has also announced a 100 per cent tax on tobacco, energy drinks and 50 per cent on carbonated beverages. This is separate from VAT.
The General Authority for Zakat and Income Tax (GAZT) in KSA reportedly warned businesses, during an awareness session that took place at the Riyadh Chamber of Commerce on Monday 16 May 2017, that penalties will be applicable in the cases of violation of VAT laws and regulations.
Penalties
The following types of Penalties will apply in each of the following cases:
• Case 1: Businesses required to register for VAT and that fail to register shall be liable to double the net tax due.
• Case 2: Committing an error in filling the tax return shall result in paying an additional 50% of net tax declared.
• Case 3: Exaggerated tax refund claims shall be subject to a penalty 50% of the original amount reported.
• Case 4: Late filing of tax return would result in a penalty of SAR 1,000 and an extra 5 to 20% of the unpaid tax. The percentage varies depending on the number of days of delay.
• Case 5: Non-registered person who issue an invoice with VAT shall pay SAR 1,000 or double the amount of the net tax (whichever is higher).
• Case 6: Not keeping records of the required documents shall result on a penalty of SAR 1,000 or 2% of the monthly average taxable supplies (whichever is higher).
• Case 7: Non-compliance with GAZT inquiries in providing relevant information shall result in a penalty of SRA 1,000 or 2% of the average monthly taxable supplies (SAR 20,000 maximum) or whichever is higher.