VAT In UAE- VAT for Freezone Companies in UAE
VAT is form indirect taxation that charged at every stage of ‘Value Addition’ in the supply and distribution chain and the mechanism of Input tax deduction ensures that the businesses act as tax agents or tax collectors of the government, who collect the tax from the end consumers, account and pay the tax. Ultimately, the end consumer pays the tax. What is a TRN Number is explained below.
GCC countries have decided to implement taxation as part of the governments’ efforts to diversify revenues in the context of sharp decline in oil prices. The introduction of VAT will help the UAE government to generate an estimated Dh12 billion worth of revenue in the first year, which will increase to Dh20 billion in 2019.Collection of VAT will boost government revenues.
A standard rate of 5% will be levied on the supply of goods and services in UAE. However, there are certain supplies such as local passenger transportation, specified financial services, healthcare, exports outside GCC and so on, which will be either zero-rated or exempted from VAT in UAE.
What is Free Zone in UAE?- VAT for Freezone Companies in UAE
Free Zone, is a confined geographical area otherwise known as Free Trade Zone, declared by government being designated or given the position of free zone to promote the international business in UAE by providing 100% foreign enterprise ownership. Free Zones offer attractive incentives such as no requirement for a UAE national as a local partner/shareholder, tax exemptions on duties and taxes such as Corporate, Personal Income Tax, all import and export duties etc. The businesses in Free Zones are required to obtain the necessary licenses from the respective Free Zone authorities and comply with their guidelines when operating the business in this region.
Every UAE emirate has a designated area as a Free Zone. There are more than 35 Free Zones operating in UAE such as Jebel Ali Free Zone, Dubai Internet City Free Zone, Dubai Airport Free Zone etc.
Registration under VAT for free zone companies – VAT for Freezone Companies in UAE
Export of goods and services has been considered at zero rates other then exempted items. Taxable supply is currently subject to either 5% standard rate or zero rate of VAT
In case of a free zone based company, where all the sales of goods and service are exported then there would be no liability of vat being export zero rated. Such free zone companies could claim refund/ credit in future of the entire vat paid on import of goods and services and purchase of goods and services in other UAE companies subject to vat refund/credit rules and regulations in UAE VAT.
If part of the total sales and services are made to other UAE based companies then on that much sales of goods and services vat at standard rate of 5% could be charged and paid under VAT returns. Such free zone companies could set off the 5% VAT liability collected from UAE companies and customers from the VAT paid on import or local purchase of goods and services and if balances could recover as refund/credit subject to vat refund/credit rules and regulations in UAE VAT.
If a company does not register then the vat paid on local purchase of goods and service would not be recoverable. To claim the vat refund/credit it’s necessary to be a VAT registered business. Thus by registering under vat the company could recover as refund/credit of the VAT paid which otherwise would be a cost to company and hitting the profit margin/ bottom line, subject to the fact how much VAT refund/credit is lost.
It is very important to know that not ‘All Free Zone’ are ‘VAT Free Zone’. This is evident from the definition and provisions defined in the UAE VAT Law and Executive Regulations. In UAE VAT law, VAT Free Zones are called ‘Designated Zones’ and the executive regulation prescribes the conditions which a Designated Zone needs to fulfil.
Designated Zone refers to an area specified by a cabinet decision and that meets the conditions specified in the Executive Regulation. For the purpose of VAT, a Designated Zone will be treated as being outside the state and any supplies between Designated Zones will not attract VAT at 5%.
For example, ABC Traders located in Jebel Ali Free Zone supplied goods to XYZ Traders, Dubai Airport Free Zone.
Jebel Ali Free Zone and Dubai Airport Free Zone are Designated Zones. The supply of goods from ABC Traders to XYZ Traders will be VAT free since the supply is between Designated Zones.
The Designated Zone specified by the cabinet decision should meet the following conditions in order to be considered as being outside the State and as well as implementation States:
The above are conditions which a Designated Zone has to compulsorily comply. If there are any changes in the manner of operating or if businesses located in these areas no longer meet any of the conditions required to qualify as a Designated Zone, it shall be treated as being inside the State, and will be treated at par with the businesses located outside the Designated Zone.
Emirate | Designated Zone |
Abu Dhabi | Free Trade Zone of Khalifa Port |
Abu Dhabi Airport Free Zone | |
Khalifa Industrial Zone | |
Dubai | Jebel Ali Free Zone (North-South) |
Dubai Cars and Automotive Zone (DUCAMZ) | |
Dubai Textile City | |
Free Zone Area in Al Quoz | |
Free Zone Area in Al Qusais | |
Dubai Aviation City | |
Dubai Airport Free Zone | |
Sharjah | Hamriyah Free Zone |
Sharjah Airport International Free Zone | |
Ajman | Ajman Free Zone |
Umm Al Quwain | Umm Al Quwain Free Trade Zone in Ahmed Bin Rashid Port |
Umm Al Quwain Free Trade Zone on Sheikh Mohammed Bin Zayed Road | |
Ras Al Khaimah | RAK Free Trade Zone |
RAK Maritime City Free Zone | |
RAK Airport Free Zone | |
Fujairah | Fujairah Free Zone |
FOIZ (Fujairah Oil Industry Zone) |
Supplies between the Designated Zones will not be subject to VAT only if the following conditions are met:
Over and above the conditions which are required to be met for VAT free supply of goods between the Designated Zones, the authority may request the owner of goods to provide a financial guarantee for the payment of tax, which that person may become liable, if the conditions for movement of goods are not met.
Treatment of supplies made ‘From’ or ‘To’ the Designated Zones
For the purpose of VAT, the Designated Zones are treated to be outside the State of UAE, meaning VAT will not be levied. Though it is treated as outside the State, not all supplies will enjoy this benefit, some supplies still attract VAT at 5%. The reason being, only the supply of goods will be tax-free subject to certain conditions and depending upon the place of supply, few type of supplies made from or to the Designated Zone will be taxable.v
Understanding the taxability of free zones
Type of Supplies | Form | To | Taxability |
Goods | Designated Zone | Designated Zone | Non-Taxable |
Goods | Designated Zone | Mainland* | Taxable at 5% VAT |
Goods | Mainland* | Designated Zone | Taxable at 5% VAT |
Goods | Designated Zone | Oversea/GCC countries | Non-Taxable |
Goods | Oversea/GCC countries | Designated Zone | Non-Taxable |
*Mainland here refers to place in UAE except the Designated Zones
Asper the above table, any movement of goods from a Designated Zone to another will not be subject to tax only if the conditions mentioned in UAE Executive Regulations are met.
There is a differential treatment for supply of goods and as well as for the supply of services between Designated Zones. While the supply of goods between the Designated Zones are not subject to tax, it is not true in case of supply of services. The reason being, the place of supply of services is considered to be inside the State of UAE if the place of supply is in the Designated Zone. This implies, any services whether supplied from the mainland to Designated Zone or within the Designated Zone, the standard rate of VAT at 5% will be levied.
VAT treatment on Supply of Water or any form of energy to Designated Zone
Though the supply of water or all forms of energy are considered to be a supply of goods but in case of Designated Zone, these supplies are distinguished from other goods and treated differently. The place of supply of water or any form of energy will be considered to be inside the State if the place of supply is in a Designated Zone. This means, the supply of water and all forms of energy supplied to Designated Zone will be subject to VAT at 5% in the same way it would be in the non-Designated Zone areas of the UAE.
Self-consumption of goods supplies to Designated Zone
If the supply of goods made within a Designated Zone is to be used either by the owner or a third person, then the place of supply will be in the State of UAE. This implies that all the self-consumed goods within Designated Zones will be subject to VAT at 5%. However, there are certain exceptional scenarios where the consumption of goods within a Designated Zone will not be subject to VAT. The following are the exceptions scenarios:
Goods located in Designated Zone on which VAT is not paid.
The consumption of goods located in a Designated Zone on which the owner has not paid VAT will be treated as imported into the State by the owner and will be subject to VAT if they are unaccounted. However, if these goods are consumed by the owner in the scenarios listed above (self-consumption scenarios) will not be subject to VAT.
From the above we can infer VAT treatment for supplies related to Designated Zones are different depending on the type of supplies. Firstly, the benefit of VAT exemption is available only for the supply of goods in certain scenarios and supply of services within the Designated Zone are taxable.. Thus, for businesses, it is really important to understand VAT treatment on supplies carried out by them, assess the impact of VAT on their business and accordingly plan.
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