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WE ARE THE WORLD BUSINESS ORGANIZATION. WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES IN THE INTERPRETATION & APPLICATION OF THE UAE VAT LAW CA. Manu Nair CEO & Partner Emirates Chartered Accountants Group

COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

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Page 1: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

COMMON ERRORS & MISTAKES IN

THE INTERPRETATION &

APPLICATION OF

THE UAE VAT LAW

CA. Manu Nair

CEO & Partner

Emirates Chartered Accountants Group

Page 2: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

INVOICING

Invoice must be issued within 14 days from the date of Supply

[ Ar t . 6 7 o f t h e VAT L a w ]

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WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

COMMON ERRORS & MISTAKES

Date of Delivery of Goods

Date of Invoice

VAT Return Period

Payment of VAT Date

25/12/2019

25/12/2019

October 2019 to December 2019

28/01/2020

25/12/2019

05/01/2020

January 2020 to March 2020

28/04/2020

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WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

ARTICLE – 67 OF LAW NO (8)

The Registrant shall issue a Tax Invoice within 14 days as of the date of supply as stated in Article (25)

of this Decree-Law.

INFORMATION TO BE PROVIDED TO THE FTA

Sales and other outputs subject to the standard rate of VAT (5%)

Item

Number

Tax Invoice

No

Tax

Invoice

Date

Time of

Supply

Net

Amount

AED

VAT

Amount

AED

Customer

Name

Customer

TRN (if

applicable)

Invoice

Description

Page 5: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

DATE OF RECEIPT OF INVOICE FROM THE SUPPLIERS

Page 6: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

The Taxable person can claim the recoverable Input Tax either in the current VAT Return period or in

the immediately following period.

ARTICLE – 55 OF THE UAE VAT LAW

Date of Suppliers Invoice

VAT Return Period

Eligible Period to claim Input Tax

Date of Receipt of Invoice

25/12/2018

October 2018 to December 2018

October 2018 to December 2018 or January 2019 to March 2019

In December 2018

In March 2019

In May 2019

Page 7: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

REPLACEMENT OF AN INVOICE ISSUED EARLIER

Page 8: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

INFORMATION TO BE PROVIDED TO FTA

Purchases subject to the standard rate of VAT (5%)

Item

Number

Tax

Invoice

No

Tax

Invoice

Date

Tax

Invoice

Receive

d Date

Tax

Invoice

Paid/

intended

to pay

Date

Net

Amount

AED

VAT

Amount

AED

VAT

Amount

Recovere

d AED

Supplier

Name

Supplier

TRN

Invoice

Descriptio

n

Page 9: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

DIRECTORS SERVICE FEE

Page 10: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

Director

Employee Director

Sponsor

Profit Share

01.

02.

03.

04.

DIRECTORS SERVICE FEE

Page 11: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

IS THERE ANY “SHORT CUT” FOR REMOVAL OF FINES

Page 12: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

ELIGIBILITY TO CLAIM INPUT TAX

Certain Entertainment Expenses

Medical Insurance Premium for the Dependents

Page 13: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

WHAT ARE THE ENTERTAINMENT SERVICES?

ACCOMMODATION

FOOD AND DRINKS

FEE FOR SHOWS OR EVENTS

PLEASURE TRIPS

IF GIVEN IN THE COURSE OF MEETING

YES

NO

NOT AN ENTERTAINMENT

IT IS AN ENTERTAINMENT

Page 14: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

NON – RECOVERABLE INPUT TAX

OWNERS

INVESTORS

SHARE HOLDERS

OFFICIALS

POTENTIAL CUST.

CUSTOMERS

CANNOT CLAIM INPUT TAX

What happens if a company provides entertainment services to?

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WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

RECOVERABLE & NON – RECOVERABLE INPUT TAX

What happens if a company provides entertainment services to?

EMPLOYEES CAN RECOVER IN CERTAIN CASES

Page 16: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

RECOVERABLE INPUT TAX

Is it a legal obligation as per the Labour Law (in the state or DZ)?

Is it a Documented Policy or a Contractual Obligation?

or performing their role

Is it a normal business practise?

CAN CLAIM INPUT TAX

Page 17: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

DEEMED SUPPLY

Page 18: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

DEEMED SUPPLY

Tax Treatment On

Commercial Gifts

FOC

Page 19: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

DEEMED SUPPLY

Article – 5 of ER of Law

1. The supply shall not be regarded as a Deemed Supply in any of the following instances:

a. Where the Input Tax on the relevant Goods or Services is not recovered.

b. Where the supply is exempted.

d. Where the value of the supply of Goods for each recipient, within a 12-month period, does not

exceed AED 500, and the supply made is to be used as samples or commercial gifts.

e. Where the total of Output Tax payable on all Deemed Supplies for each Person for a 12-

month period is less than AED 2,000.

Page 20: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

MATTERS RELATED TO DEREGISTRATION

Page 21: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

TURNOVER FOR THE PAST 12 MONTHS BELOW AED 187,500/-

Page 22: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

THE BUTTON “SUBMIT” VOLUNTARY DISCLOSURE FORM

Page 23: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

1(a). Standard Rated Supply in Abu Dhabi

1(b). Standard Rated Supply in Dubai

1(c). Standard Rated Supply in Sharjah

1(d). Standard Rated Supply in Ajman

1(e). Standard Rated Supply in Umm Al Quwain

1(f). Standard Rated Supply in Ras Al Khaimah

1(g). Standard Rated Supply in Fujairah

2. Tax Refunds provided to Tourists under Tax Refunds for Tourists Scheme

3. Supply Subject to Reverse Charge

4. Zero Rated Supply

5. Exempt Supply

6. Import VAT through Customs

7. Adjustments to Goods imported in to the UAE

8. Total

Amount (AED)

VAT Amount(AED)

Adjustment (AED)

View Details

VAT on sales and All Other Outputs

UAE VAT Return Form – VAT 201

Page 24: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

OUTPUT

Bad Debts

Sale of Commercial Properties

Page 25: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

VAT on Expenses and All Other Inputs

UAE VAT Return Form – VAT 201

Amount (AED)

VAT Amount(AED)

Adjustment (AED)

-

-

9. Standard Rated Expenses

10. Supplies Subject to Reverse Charge

11. Total

Net VAT Due

12. Total Value of due TAX for the period

13. Total Value of recoverable tax for the period

14. Payable tax for the period

Page 26: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

INPUT

Bad Debts

Annual Adjustments

Capital Assets Scheme

Page 27: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

RECORDS OF OUT OF SCOPE SUPPLIES

Page 28: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

VAT LIABILITY – SUPPLY OF GOODS OUTSIDE UAE / GCC

TAX Liability of the UAE Distributor’s supply is outside the scope of UAE VAT.

USA

Customer

UAE

Distributor

China

Manufacturer

Page 29: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

INFORMATION TO BE PROVIDED TO THE FTA

Sales and other outputs outside the scope of VAT

Item Number Invoice No Invoice Date

Invoice Amount

AED

Customer Name

Customer TRN (if

applicable)

Invoice Description

Page 30: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

RECORDS OF OUT OF SCOPE PURCHASES

Page 31: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

INFORMATION TO BE PROVIDED TO THE FTA

Purchases outside the scope of VAT

Item Number Invoice No Invoice Date

Invoice Amount

AED

Supplier Name

Invoice Description

Page 32: COMMON ERRORS & MISTAKES IN THE INTERPRETATION & … · 2020-01-27 · WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION COMMON ERRORS & MISTAKES Date

WE ARE THE WORLD BUSINESS ORGANIZATION.WE ARE THE WORLD BUSINESS ORGANIZATION

THANKYOU

CORPORATE OFFICE

SUITE 504, 505, 804 WASL BUSINESS CENTRAL,

NEAR DEIRA CITY CENTRE, PORT SAEED, DUBAI.

P.O. BOX: 122957, DUBAI , U.A.E.

TEL: +971 4 2500290

[email protected]

+971 – 502828727