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VAT is levied on taxable supplies and supplies deemed to be manufactured in the UAE by a taxable person.
I often travel to India for family purposes. Hence, tax consulting and other tax jobs in the UAE. The client actually performs outside the UAE during such travel. One question is whether this supply of services is zero-rated under VAT law.
This issue is not unique to travel situations, but applies to many day-to-day business transactions. United Arab Emirates. Suppliers providing services to UAE customers where the actual services are performed outside the UAE For illustration, it is only necessary to visualize the transactions performed outside the UAE for documentary proof (e.g. for visa purposes); alternatively, quality/design for goods located outside the UAE Inspections; or, services provided on behalf of UAE clients at their premises to entities located outside the UAE.
VAT enforcement regulations
The above problem stems from the UAE VAT law, which stipulates that services actually provided outside the UAE are zero-rated (Ref: Article 31(1)(b) of the Implementing Regulations).
We often encounter situations where businesses apparently charge zero interest on the services they provide based on the location of the physical properties. However, it is not correct to read the zero-rated provisions in isolation without the proper context.
In an early tax conversation on March 29, 2021, we discussed the importance of understanding context in interpreting tax law.
Place of Supply (PoS)
VAT is levied on taxable supplies and supplies deemed to be manufactured in the UAE by a taxable person. In order to determine the VAT impact, two factors need to be determined, namely (i) the place of supply (PoS) of the service, and (ii) the eligibility for the zero rate.
As a general rule, the PoS of the service is where the provider resides.
However, special PoS rules apply to some specific services. If the “place of supply” is outside the UAE under the special PoS rules, the aforementioned supply will be “outside” the UAE VAT.
The actual performance location is related to very limited services, namely (a) restaurants, hotels and catering services; (b) services related to goods, such as installing goods provided by others; (c) cultural, artistic, sports, educational or any similar Serve.
No other services are bound by the place of execution. Services provided by UAE suppliers are generally considered to be provided in the UAE itself.
Zero rating
Exports directly or indirectly to countries outside the UAE are eligible for zero tax. The export of services is subject to zero tax rates in certain scenarios.
In the first case, zero-rating applies where both of the following conditions are met and the service is not expressly excluded from zero-rating – (a) the service is provided to a non-UAE resident, and (b) the service is received when the service is performed people outside the UAE.
The FTA has clarified that if non-resident service recipients establish a temporary presence in the UAE while performing their services, they may lose the benefits of zero tax rates (Ref: Public Clarification VATP019)
In the second case, if the service is actually performed outside the UAE, zero tax rate applies
rational explanation
It is out of context and unreasonable to think that the second scenario gives a zero-rated benefit to any and all services performed outside the UAE.
On the one hand, the VAT law stipulates that the “export” of services should be zero-rated in the above-mentioned situations. “Export” has been expressly defined as providing services to individuals established outside the UAE. Since services provided by UAE suppliers to UAE customers are not eligible for “export” in the first place, zero-rate benefits cannot be applied even if the services are carried out outside the UAE
Furthermore, any such loose interpretation would render PoS rules redundant. One of the golden principles of interpreting statutes is that no provision of the aforementioned laws should become void, redundant or superfluous.
The interpretation that any services provided outside the UAE are zero-rated would lead to unreasonable results. Let us assume that services provided by UAE suppliers to UAE customers but performed outside the UAE will be zero-rated. However, the same services provided by overseas suppliers will incur VAT under the Reverse Charge Mechanism (RCM).
With the increase in VAT audits, businesses should ensure that their VAT positions are aligned with the correct and reasonable interpretation of the tax law. Any tax exposure due to ignorance or misinterpretation can result in significant penalties.
Pankaj S. Jain is the Managing Director of AskPankaj Tax Advisors. For feedback and questions, you can write to info@AskPankaj.com. The views expressed are his own and do not reflect the policy of the newspaper.
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