VAT REGISTRATION UAE
The Federal Tax Authority has released a guide on the value-added tax Guide for e-commerce (sometimes loosely referred to as the “digital economy”)
E-commerce generally refers to supplies of goods and services over the Internet or a similar electronic network, with goods and services being sourced or supplied by electronic means, such as through a computer, phone website or electronic applications.
The Guide discusses the following types of transactions:
- Goods purchased through an electronic platform; and
- Services supplied by electronic means.
E-commerce: Supplies of Goods:
A supply of goods in the e-commerce context involves purchasing goods through an electronic platform, such as a website or a marketplace.
Registration:
A person resident in the UAE is required to register for VAT if he fulfills the conditions of Mandatory Registration.
In contrast, if the person is not resident in the UAE, the person is required to register for VAT if it makes any taxable supplies in the UAE, unless there is another person in the UAE who is responsible for accounting for VAT on such activities. As such, for non-resident suppliers, the registration threshold is, in effect is Nil.
Voluntary registration is an option available to businesses which do not have a turnover in excess of the mandatory registration threshold but would still like to be registered for VAT
It should be noted that a non-resident person is not allowed to voluntarily register on the basis of its “taxable expenses”.
Place of Supply:
The basic place of supply rule for goods is that, if the goods are located in the UAE when supplied, then they are treated as supplied in the UAE. Similarly, if the goods are located outside the UAE when they are supplied, the place of supply is outside the UAE
E-commerce: Supplies of Services:
For a supply to fall under the special VAT rules for electronic services, the supply must, therefore, meet two conditions:
- the service in question must be specified service and
- the service must be automatically delivered over the internet, an electronic network, or an electronic marketplace.
Place of Supply:
Supplies of electronic services (as well as of telecommunications services) are subject to a special place of supply rule. Thus, the place of supply of electronic services is:
- in the UAE, to the extent of the use and enjoyment of the supply in the UAE and
- outside the UAE, to the extent of the use and enjoyment of the supply outside the UAE
Reverse charge mechanism
Under the default VAT rule for accounting for VAT, a supplier of goods or services is liable to account for VAT on any taxable supply, irrespective of whether the supplier is a UAE resident or not.
The “reverse charge mechanism” is a simplification measure which allows non-resident suppliers to avoid the need to register for VAT in the UAE when they make supplies of goods or services in the UAE to registered persons. Where the reverse charge mechanism applies, the non-resident supplier will not charge VAT to the recipient. Instead, the VAT-registered recipient must self-account for the VAT in respect of the goods or services received.
At Flyingcolour, we can guide and help your e-commerce business with all kind of VAT and accounting needs. If you have any query then feel free
Please Note: This article was published on 10th January, 2021. The information provided in the article is based on the policies and rules applicable at the time of writing it. Talk to one of our consultants for any recent update or change.
To learn more about VAT User Guide for E-Commerce, book a free consultation with one of the Flyingcolour team advisors.
Disclaimer: The information provided in this blog is based on our understanding of current tax laws and regulations. It is intended for general informational purposes only and does not constitute professional tax advice, consultation, or representation. The author and publisher are not responsible for any errors or omissions, or for any actions taken based on the information contained in this blog.