VAT OBLIGATIONS FOR VAT REGISTRANTS IN THE UNITED ARAB EMIRATES

17.11.23 07:09 PM By Roman Zykov

KEEP YOUR REGISTRATION  DETAILS UP TO DATE

Registration details and VAT records provided to the FTA during your registration must be kept up to date. If any change occurs, update them within 20 business days to avoid potential penalties, this includes passport, EID, trade license, etc. 

*If you meet the conditions of mandatory de-registration, you have to apply to the FTA to de-register as a taxable person

To amend registration details, use the “Edit” or “Amend” options on the EmaraTax Portal

VAT DE-REGISTRATION

You may submit a de-registration application if the value of your taxable supplies in the previous 12 months was under the Mandatory Registration Threshold of AED375,000 (voluntary de-registeration). The application must be submitted within 20 days of the occurrence of the following events:

You have no longer provided taxable supplies and do not intend to make any supplies in the following 12 months

The value of your taxable supplies or expenses over the past 12-month period is less than the Voluntary Registration Threshold (AED 187,500), and you do not expect to supply taxable supplies or incur taxable expenditure in excess of the Voluntary Registration Threshold in the next 30 days

Deregistration application should be made via the "Deregister" option on the EmaraTax Portal

Deregistration application cannot be completed unless all outstanding liabilities have been settled

Note: If you are registered with Planet for the Tourist Refund System, you are required to deregister from Planet first, in order to complete your deregistration of VAT with the FTA.

KEEP YOUR RECORDS

Tax records must be kept for at least five years, depending on the nature of your business, to avoid possible penalties.
Tax Registrants Must Keep the Following Records
  • Records of all supplies and imports of goods and services
  • All Tax Invoices, credit notes, and alternative documents issued

  • Records of goods and services for which Input Tax was not deducted

  • Records of adjustments or corrections made to accounts or Tax Invoices

  • Inventory Records

  • All Tax Invoices, credit notes, and alternative documents received
  • Records of goods and services that have been  disposed of or used for non-business activities, including VAT amounts paid on such goods and  services

  • Records of exported goods and services

You must also keep VAT records or accounts that include any of the following.
  • Payable output tax on taxable supplies
  • Payable output tax on taxable supplies, calculated using the Reverse Charge Mechanism

  • Payable output tax after making corrections or adjustments

  • Recoverable input tax on supplies or imports

  • Recoverable input tax after corrections or adjustments

IMPORTANT INFORMATION!

Correcting past errors
If you notice an error (e.g. an incorrect amount of input tax), you are obliged to make a correction within 20 working days of becoming aware of the error.
If it is more than 10K errors:

Suppose the error relates to a tax return or tax
assessment, and the value of the error has resulted in an
underpayment of VAT of AED 10,000 or less. In that case,
you may correct the error in the Tax Return for the Tax
Period in which you discovered the error

If it is less than 10K errors:

Suppose the value of the error has resulted in an
underpayment of VAT of more than AED 10,000.
In that case, you are required to make a Voluntary
Disclosure to the FTA

*In cases where an error is made, and a Voluntary Disclosure is submitted, the FTA may apply certain penalties. According to Cabinet Decision no. 40 of 2017 and its amendments.
You must keep accounting records, commercial books and all documents related to your business activities. These documents and records include

Balance sheet,  Statement of Profit or  Loss, 

and Other Comprehensive  Income

Records of fixed assetsfixed assetsfixed assetsfixed assets

All relevant inventory records and records of inventory checks (including quantities and values) at the end of any Tax Period

Records of salaries and wages

You must keep the required records for a minimum of 5 years after the end of the tax period to which they relate. The FTA may require you to retain the records for a further period not exceeding 4 years in specific cases determined in the FTP Executive Regulations
FOR REAL ESTATE OWNERS, THE RECORDS THAT MUST BE KEPT ARE
Sale/purchase contracts
Maintenance service invoices
Invoices with concerned entities
Leasing contract
Title deed
Receipts for land and property department fees
You must keep the required records for a minimum period of 15 years after the end of the tax period to which they relate
NON-EXECUTIVE DIRECTORS MUST KEEP THE FOLLOWING RECORDS
Decision to appoint the member
Decisions on rewards for members
Reward vouchers
Receipt or proof of receipt of rewards
PERFORMERS AND SOCIAL MEDIA INFLUENCERS MUST KEEP THE FOLLOWING RECORDS
Receipts of money transfer
Contracts
Invoices
Receipt of payment
Please note these are non-exhaustive lists as additional records may be 
requested at the FTA’s discretion

IMPORTANT INFORMATION!

Request a refund

You may request a VAT refund at any point in time if the input VAT is greater than the output VAT after submitting a VAT return or if there is a credit due to other circumstancesa credit due to other circumstancesa credit due to other circumstancesa credit due to other circumstances

Please keep your bank details up to date for faster refund processing

Once you have submitted a VAT refund application to the FTA, the Authority will inform you of the  approval or rejection within 20 working days. In  certain cases, the FTA will inform you that it may take longer than usual to process your application for  audit purposes

If no VAT Refund is requested, any credit balance  will be carried forward to subsequent tax periods and can be offset against future payable tax or administrative penalties imposed

SUBMIT YOUR TAX RETURNS ON TIME

As a rule, the FTA provides three months as the standard tax period (quarterly). However, if necessary, it may set shorter or longer tax periods for registrants. You must file your tax return no later than the 28th day from the end of each tax period or the following working day if the relevant date falls on an official holiday or weekend. Otherwise, the FTA may apply specific penalties.
Examples of Tax periods (“Staggers”)
Tax returns must, in any case, be submitted within the deadlines set by the FTA, even if no taxes are due for that period. In the event that the return is not  submitted on time, late filing penalties are automatically levied. Tax returns must be submitted through the FTA’s online portal and must include the following information at the minimum.
  • Name, address, and TRN (auto populated on the system)
  • Tax Period to which the Tax Return relates

  • Date of submission

  • Value of Taxable Supplies made in the Tax Period and the Output Tax charged

  • Value of Taxable Supplies subject to the zero rate made in the Tax Period

  • Value of Exempt Supplies made in the Tax Period

  • Value of any supplies subject to the Reverse Charge Mechanism

  • Value of expenses incurred in respect of you would like to recover input tax

  • Input Tax and the amount of Recoverable Tax

  • Total value of Due Tax and Recoverable Tax for the Tax Period

  • Payable Tax for the Tax Period 20

SETTLE YOUR PAYABLE TAX ON TIME

You will be required to settle any payable taxes on the Tax Return submission date, i.e. no later than the 28th day from the end of each Tax Period (or the following working day if the relevant date falls on an official holiday or weekend). It is important that you pay your taxes before the due date and avoids delaying it until the last day to stay ahead of any circumstances that may delay the receipt of the payment by the FTA (e.g. the bank may require 2 or 3 working days to complete the transfer).
 Late payment penalties will automatically be levied if payment is not made on time

ISSUE VALID TAX INVOICES FOR ALL TAXABLE GOODS & SERVICES PROVIDED OR SOLD

As a taxable person, you are required to issue valid tax invoices for each taxable supply or goods or services. Please make sure the tax invoices you issue meet the following criteria.
Full Tax Invoice
  • If the recipient demands the tax calculation, the invoice must contain said details, as per Article 48 of the Law
  • Ensure that the prices of goods and services advertised to consumers include VAT, whether in food menus, catalogues, or price tags

01 The words ‘Tax Invoice’ is clearly displayed on the invoice

02 The supplier’s name, address and the Tax Registration Number (TRN)

03 The receiver’s name, address, and TRN (if registered)

04 The serial or relevant Tax Identification Number (TIN) that helps
identify the Tax Invoice and its number in any number of invoices

05 Issuance date

06 Supply date, if it is different from the issuance date

07 Details of the supplied goods or services

08 The unit price, quantity or size of supplies, payable VAT rate and payable amount (in AED) for each good or service

09 Any offered discount rates

10 Total payable sum in AED

11 Payable tax in AED with the applicable exchange rate

Simplified Tax Invoice

The FTA allows you to issue a simplified tax invoice as opposed to a full tax invoice in certain situations
A SIMPLIFIED TAX INVOICE MUST INCLUDE

01 The words ‘Tax Invoice’ in clear writing

02The supplier’s name, address, and TRN

03 Tax Invoice issuance date

04 Details of the supplied goods or services

05 The total consideration and tax charged

YOU MAY ISSUE SIMPLIFIED TAX INVOICES IN ANY OF THE FOLLOWING CASES
  • If the recipient is not registered for VAT
  • If the recipient is registered for VAT and the supply does not exceed AED10,000

ISSUE VALID TAX CREDIT NOTES TO CORRECT OUTPUT TAX ERRONEOUSLY CHARGED

As a taxable person, you are required to issue valid tax credit notes for each correction of output tax. Please make sure the tax credit notes you issue meet the following criteria
SIMILAR TO TAX INVOICES, THE FTA HAS THE AUTHORITY TO DETERMINE SITUATIONS WHEN TAX CREDIT NOTES ARE UNNECESSARY OR CAN CONTAIN DIFFERENT PARTICULARS