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Value-Added Tax Lawarticles 1–88

  1. Article 1 — Article (1) Definitions

    For the purpose of applying the provisions of this Decree-Law, the following words and expressions shall have the meanings assigned thereto respectively, unless the context requires otherwise: State: The United Arab Emir

  2. Article 2 — Article (2) Scope of the Tax

    The Tax shall be levied on: 1. Every taxable supply and deemed supply carried out by the taxable person. 2. Importation of the relevant goods except for what is specified by the Executive Regulations of this Decree-Law.

  3. Article 3 — Article (3) Rate of the Tax

    Subject to the provisions of Part VI of this Decree-Law, the standard rate of the tax to be levied on any supply or importation shall be (5%) in accordance with the provisions of Article (2) hereof based on the value of

  4. Article 4 — Article (4) Responsibility for the Tax

    The responsibility for the levied tax shall fall on the following: 1. The taxable person that makes any supply set forth in Clause (1) of Article (2) of this Decree-Law; 2. The importer of relevant goods; 3. The registra

  5. Article 5 — Article (5) Supply of Goods

    The following shall be considered a supply of Goods: 1. Transfer of ownership of the Goods or the right to dispose thereof to another Person, as determined by the Executive Regulations of this Decree-Law. 2. Concluding a

  6. Article 6 — Article (6) Supply of Services

    Each supply not considered a supply of goods shall be deemed as a supply of services, including any provision of services in accordance with what is determined in the Executive Regulations of this Decree-Law.

  7. Article 7 — Article (7) Supply in Special Cases

    Notwithstanding the provisions contained in Articles (5) and (6) of this Decree-Law, the following shall not be deemed as a supply: 1. Selling or issuing any Voucher, unless the received Consideration exceeds its declare

  8. Article 8 — Article (8) Supply Composed of more than one Component

    The Executive Regulations of this Decree-Law shall define the conditions of the transaction of the supply composed of more than one component for a single price, whether such components are goods and/or services.

  9. Article 9 — Article (9) Supply by an Agent

    1. Where goods and services are supplied by an agent acting on behalf of a principal, the supply shall be deemed to be made by the principal and for his benefit. 2. Where goods and services are supplied through an agent

  10. Article 10 — Article (10) Supply by Government Agencies

    1. The government agency shall be deemed as making a supply in the course of business in the following cases: a. If its activities are performed in a non-sovereign capacity. b. If its activities are in competition with t

  11. Article 11 — Article (11) Cases of Deemed Supply

    The following cases shall be regarded as deemed supply: 1. Supply of goods or services forming the whole assets of the taxable person or part thereof, but such goods or services no longer form part of the assets, provide

  12. Article 12 — Article (12) Exceptions from the Deemed Supply

    The supply shall not be regarded as deemed supply in the following cases: 1. If the amount of the input tax for the related goods and services is not refunded. 2. If the supply is an exempted supply. 3. If the refunded i

  13. Article 13 — Article (13) Mandatory Tax Registration

    1. Every Person who has a Place of Residence in the State or in one of the Applying States shall register for the Tax if: a. The value of the supplies set forth in Article (19) hereunder exceeds, during the previous (12)

  14. Article 14 — Article (14) Tax Group

    1. Two or more persons practicing the business may apply for the tax registration as a tax group if the following conditions are satisfied: a. Each of them shall have a business establishment or fixed establishment in th

  15. Article 15 — Article (15) Exemption from the Registration

    1. The Authority may exempt the Taxable Person, whether registered or unregistered, from the Tax Registration, upon their request, if their supplies are zero-rated only. 2. If any changes to the business of the Taxable P

  16. Article 16 — Article (16) Tax Registration of Government Agencies

    Government agencies to be determined by the Cabinet resolution referred to in Clause (2) of Article (10) of this Decree-Law shall apply for the tax registration and such registration may not be cancelled except under a C

  17. Article 17 — Article (17) Voluntary Registration

    Any person who is not liable to be registered in accordance with the provisions of this Part may apply for the tax registration voluntarily in the following cases: 1. If such person proves, at the end of any given month,

  18. Article 18 — Article (18) Tax Registration for Non-Residents

    A non-resident person may not take the value of goods and services imported to the State for the purpose of determining whether he is entitled to be registered if the calculation of tax for such goods and services is the

  19. Article 19 — Article (19) Calculating the Tax Registration Threshold

    For the purpose of determining whether a person exceeds the Mandatory Registration Threshold and the Voluntary Registration Threshold, the total value of the following shall be calculated: 1. The value of taxable goods a

  20. Article 20 — Article (20) Capital Assets

    The supply of capital assets belonging to the person during practicing the business shall be disregarded when determining whether a person exceeds the Mandatory Registration Threshold or the Voluntary Registration Thresh

  21. Article 21 — Article (21) Cases of Tax Deregistration

    1. The Registrant shall submit to the Authority an application for the Tax deregistration in any of the following cases: a. If he ceases to make Taxable Supplies. b. If the value of the Taxable Supplies made during the p

  22. Article 22 — Article (22) Applying for Cancellation of Tax Registration

    The registrant may submit to the Authority an application for cancellation of tax registration if the value of the taxable supplies made during the period of previous twelve months is less than the Mandatory Registration

  23. Article 23 — Article (23) Voluntary Tax Registration Cancellation

    The registrant shall not be entitled, pursuant to Article (17) hereof, to submit an application for cancellation of his tax registration within twelve months as of the date of his tax registration.

  24. Article 24 — Article (24) Procedures, Controls and Conditions of Tax Registration and Cancellation thereof

    The Executive Regulations of this Decree-Law shall determine the procedures, controls and conditions of the tax registration, cancellation thereof and rejection of applications for tax registration and its cancellation a

  25. Article 25 — Article (25) Date of Supply

    The tax shall be calculated on the date of supply of goods or services, which shall be the earlier date of any of the following: 1. The date of transferring the goods if they are transferred under the supervision of the

  26. Article 26 — Article (26) Date of Supply in Special Cases

    1. The date of supply of Goods and Services for any contract that contains periodic payments or consecutive invoices shall be the earliest date of the following: a. The date of issuing any tax invoice; b. The maturity da

  27. Article 27 — Article (27) Place of Supply of Goods

    1. The place of supply of Goods shall be in the State if such supply is made in the State and does not involve Exportation from or Importation into the State. 2. The place of supply of installed or assembled Goods if exp

  28. Article 28 — Article (28) Place of Supply of Water and Energy

    1. The supply of water and types of energy defined by the Executive Regulations of this Decree-Law through a distribution system, shall be deemed to be made in the place of residence of the taxable trader if the distribu

  29. Article 29 — Article (29) Place of Supply of Services

    The place of supply of services shall be the place of residence of the supplier.

  30. Article 30 — Article (30) Place of Supply in Special Cases

    Notwithstanding the provisions of Article (29) of this Decree-Law, the place of supply in special cases shall be as follows: 1. If the Recipient has a place of residence in an Applying State and is registered for the tax

  31. Article 31 — Article (31) Place of Supply of Telecommunication and Electronic Services

    1.The place of supply of telecommunications and electronic services stated in the Executive Regulations of this Decree-Law shall be as follows: a. Inside the State, if such services are used and enjoyed therein, to the e

  32. Article 32 — Article (32) Business Establishment

    The place of residence of the supplier or recipient shall be as follows: 1. The state where the business establishment of the person is located or where he has a fixed establishment, provided that he does not have a busi

  33. Article 33 — Article (33) Agents

    The Place of Residence of the agent shall be the Place of Residence of the principal in the following cases: 1. If the agent exercises, on a regular basis, the right of negotiation and entering into agreements on behalf

  34. Article 34 — Article (34) Value of Supply

    The value of any supply of goods or services for a consideration shall be as follows: 1. Where the supply is for a cash consideration in whole, the value of the supply shall be the consideration less the tax. 2. Where th

  35. Article 35 — Article (35) Importation Value

    The value of imported goods shall consist of: 1. The value of the goods for the customs purposes in accordance with the Customs Legislation, including the value of insurance, freight, any customs duties and any excise ta

  36. Article 36 — Article (36) Value of Supply and Deemed Supply for Related Parties

    Notwithstanding the provisions of Articles (34), (35) and (37) of this Decree-Law, the value of the supply or Importation of Goods or Services between the Related Parties shall be considered equal to the market rate if a

  37. Article 37 — Article (37) Value of Deemed Supply

    Notwithstanding the provisions of Articles (34) and (35) of this Decree-Law, in case of the deemed supply, when the taxable person purchases goods or services to make taxable supplies but he does not use the same for suc

  38. Article 38 — Article (38) Tax-Inclusive Prices

    The declared prices shall include the tax in case of the taxable supplies. The Executive Regulations of this Decree-Law shall determine the cases where prices do not include the tax.

  39. Article 39 — Article (39) Value of Supply in case of Discount or Subsidies

    When discounts are made prior to or after the date of supply or subsidies are provided by the State to the supplier for such supply, the value of such supply shall be reduced in proportion to such discounts or subsidies.

  40. Article 40 — Article (40) Value of Supply of Vouchers

    The value of the supply of any voucher shall be the difference between the consideration received by the supplier of the voucher and the declared cash value of the voucher.

  41. Article 41 — Article (41) Value of Supply of Postage Stamps

    The value of the supply of postage stamps that enables the user to use the postal services in the State shall be the amount shown on the postage stamp.

  42. Article 42 — Article (42) Temporary Transfer of Goods

    If the goods are transferred temporarily from the local markets to a designated area or outside the State to complete their manufacture or their repair for the purpose of re-importing the same to the State, the value of

  43. Article 43 — Article (43) Levying the Tax based on the Profit Margin

    1. The registrant may, in any specific tax period, calculate and charge the tax on the basis of the profit margin earned on the taxable supplies determined in the Executive Regulations of this Decree-Law and not on the b

  44. Article 44 — Article (44) Zero-Rated Supply and Importation

    The supply and importation of goods and services specified in this Chapter made by the taxable person shall be a zero–rated supply.

  45. Article 45 — Article (45) Zero-Rated Goods and Services

    The zero rate shall apply to the following Goods and Services: 1. The direct or indirect Exportation to outside the Applying States, as determined by the Executive Regulations of this Decree-Law. 2. Services of internati

  46. Article 46 — Article (46) Exempted Supply

    The following supplies shall be exempted from the tax: 1. Financial services as specified in the Executive Regulations of this Decree-Law. 2. The supply of residential buildings through selling or leasing the same, excep

  47. Article 47 — Article (47) Exempted Supply

    The Executive Regulations of this Decree-Law shall establish the controls for determining the tax treatment of any supply composed of more than one component for a single price, if each component is subject to a differen

  48. Article 48 — Article (48) Reverse Charge

    1. Where Taxable Person imports the concerned goods or the concerned services for the purposes of its business, the Taxable Person shall be deemed to have made a taxable supply to itself, and shall be responsible for cal

  49. Article 49 — Article (49) Importation of Relevant Goods

    The person other than the registrant shall pay the due tax on the importation of relevant goods from outside the applying states at the date of importation according to the payment mechanism specified by the Executive Re

  50. Article 50 — Article (50)

    The "Designated Area" that meets the conditions established in the Executive Regulations of this Decree-Law shall be treated as being outside the State.

  51. Article 51 — Article (51)

    1. Goods may be transferred from one designated area to another designated area without any tax due thereon. 2. The Executive Regulations of this Decree-Law shall determine the procedures and conditions for the transfer

  52. Article 52 — Article (52) Exceptions for Designated Areas

    Notwithstanding the provisions of Article (50) of this Decree-Law, the Executive Regulations of this Decree-Law shall establish the conditions under which the business practiced in the designated areas shall be deemed to

  53. Article 53 — Article (53) Calculation of the Payable Tax

    The payable tax for any tax period shall be calculated as being equal to the total output tax payable in accordance with the provisions of this Decree-Law, made during the tax period less the total refundable input tax b

  54. Article 54 — Article (54) Refundable Input Tax

    1. The input tax that is refundable by the taxable person for any tax period shall be the total sum of the input tax paid for goods and services used or intended to be used for making any of the following: a. Taxable Sup

  55. Article 54 — Article (54) BIS

    1. The Authority shall reject the deduction of recoverable input tax if it is established that the supply in respect of which the deduction is claimed was part of a supply or a chain of supplies connected with tax evasio

  56. Article 55 — Article (55) Refund of Refundable Input Tax in the Tax Period

    1. Subject to the provisions of Article (56) of this Decree-Law, the refundable input tax may be deducted under the tax return relating to the first tax period in which the following conditions are met: a. Fulfillment of

  57. Article 56 — Article (56) Input Tax Paid before the Tax Registration

    1. The registrant may recover the refundable input tax paid before the tax registration under the tax return submitted for the first Tax Period following the tax registration, paid for all of the following: a. Supply of

  58. Article 57 — Article (57) Refund of Tax by Government Agencies and Charities

    1. Without prejudice to the general provisions o input tax refund, a Cabinet resolution, to be issued upon the proposal of the Minister, shall determine the Government Agencies and Charities entitled to recover the full

  59. Article 58 — Article (58) Calculating the Refundable Input Taxا

    The Executive Regulations of this Decree-Law shall specify the method in which the refundable input tax is calculated, if the input tax is paid for goods or services during a specific tax period to make supplies that giv

  60. Article 59 — Article (59) Conditions and Mechanism of Input Tax Adjustment

    The Executive Regulations of this Decree-Law shall determine the conditions and mechanism for adjusting the input tax in the following cases: 1. If the taxable person attributes the Input Tax, either fully or partially,

  61. Article 60 — Article (60) Capital Assets Scheme

    1. If a capital asset is supplied or imported by a taxable person, the latter shall assess the period of use of such asset and make the necessary adjustments to the Input Tax paid pursuant to the Capital Assets Scheme. 2

  62. Article 61 — Article (61) Cases and Conditions for Output Tax Adjustments

    1. The Registrant shall adjust the output Tax after the date of supply in any of the following cases: a. If the supply is cancelled. b. If the Tax treatment of the supply is changed due to a change in the nature of the s

  63. Article 62 — Article (62) Mechanism for Output Tax Adjustment

    The output tax shall be adjusted according to the following: 1. If the output Tax due for the supply exceeds the output Tax calculated by the Registrant, the Registrant shall issue a new Tax Invoice and shall calculate t

  64. Article 63 — Article (63) Adjustment due to the Issuance of Tax Credit Notes

    Without prejudice to Clause (2) of Article (62) of this Decree-Law, if the registrant issues a Tax Credit Note to correct output tax charged to the recipient of goods or recipient of services, the tax stated in the Tax C

  65. Article 64 — Article (64)

    1. The registered supplier may reduce the output tax in a current tax period to adjust the output tax paid for any previous tax period if all of the following conditions are met: a. Goods and services are supplied and th

  66. Article 65 — Article (65) Conditions and Requirements for Issuing Tax Invoice

    1. The Registered supplier shall, when making a taxable supply, issue an original tax invoice and deliver it to the recipient of goods or services. 2. The Registered supplier shall, when making a deemed supply, issue an

  67. Article 66 — Article (66) Document of Supply to an Applying State

    Subject to the provisions of Article (65) of this Decree-Law, each registrant who supplies goods or services considered to be supplied in any of the applying states, shall deliver to the recipient of goods and services a

  68. Article 67 — Article (67) Date of Issuance of Tax Invoices

    1. The Registrant shall issue the Tax Invoice within (14) days as of the date of the supply set forth in Article (25) and (26) of this Decree-Law. 2. The Executive Regulations of this Decree-Law shall identify the cases

  69. Article 68 — Article (68) Rounding in Tax Invoices

    For the purposes of determining the tax stated in the tax invoice, the Executive Regulations of this Decree-Law shall define the method of calculation and the total value to be paid if the tax is less than one fils of a

  70. Article 69 — Article (69) Currency Used in Tax Invoices

    For the purposes of the tax invoice, if the supply is made in a currency other than the UAE Dirham, the amount stated in the tax invoice shall be converted into the UAE Dirham according to the exchange rate approved by t

  71. Article 70 — Article (70) Conditions and Requirements for Issuing Tax Credit Note

    1. The Registered Supplier shall issue an original tax credit note when there is a reduction of the output tax on any supply made thereby pursuant to the provisions of Clause (2) of Article (62) of this Decree-Law and sh

  72. Article 71 — Article (71) Duration of the Tax Period

    The Executive Regulations of this Decree-Law shall determine the tax period for which the taxable person shall calculate and pay the tax and the exceptional cases in which the Authority may amend the tax period.

  73. Article 72 — Article (72)

    1. The taxable person shall submit to the Authority the tax return at the end of each tax period, within the time limits and in accordance with the procedures determined by the Executive Regulations of this Decree-Law to

  74. Article 73 — Article (73) Payment of the Tax

    The Executive Regulations of this Decree-Law shall determine the time limits and procedures for payment of the tax shown in the tax return as payable in accordance with the provisions of this Decree-Law.

  75. Article 74 — Article (74) Excess Refundable Tax

    1. Notwithstanding the provisions of the Executive Regulations of this Decree-Law, the taxable person shall carry forward any excess of the refundable tax to the subsequent tax periods and offset such excess against the

  76. Article 74 — Article (74) Excess Refundable Tax

    1. Notwithstanding the provisions of the Executive Regulations of this Decree-Law, the taxable person shall carry forward any excess of the refundable tax to the subsequent tax periods and offset such excess against the

  77. Article 75 — Article (75) Tax Refund in Special Cases

    The Authority may, according to the conditions, rules and procedures set forth in the Executive Regulations of this Decree-Law, refund the tax paid for any supply or importation made by any of the following: 1. A nationa

  78. Article 76 — Article (76) Administrative Fine Assessment

    Without prejudice to the provisions of the Tax Procedures Law, the Authority shall issue an Administrative Fine Assessment to the Person and notify him thereof within five (5) working days as of the date of issuance, in

  79. Article 77 — Article (77) Tax Evasion

    Without prejudice to the Tax Evasion cases set forth in the Tax Procedures Law, if it is proved that a Person who is not a Registrant acquires Goods in accordance with Clause (3) of Article (48) of this Decree-Law, and c

  80. Article 78 — Article (78) Record Keeping

    Without prejudice to the provisions related to record keeping contained in any other law, every taxable person shall keep the following documents: a. Records of all supplies or importation of goods and services; b. All t

  81. Article 79 — Article (79) Tax Registration Number

    The taxable person or any person authorized in writing thereby shall mention the Tax Registration Number in each tax return, notice, tax invoice, tax credit note, any other document related to the tax and any corresponde

  82. Article 79 — Article (79-bis) Statute of Limitations

    1. Notwithstanding the cases set forth in Clauses (2), (3), (6) and (7) of this Article, the Authority shall not carry out a Tax Audit or issue a Tax Assessment for the Taxable Person following the lapse of (5) five year

  83. Article 80 — Article (80) Transitional Provisions

    1. If the supplier receives the Consideration or any part thereof or issues an invoice for Goods or Services prior to the date of entry into force of this Decree-Law, the date of supply shall be the same as the date of e

  84. Article 81 — Article (81)

    The tax revenues and administrative fines to be collected in accordance with the provisions of this Decree-Law shall be subject to sharing between the Federal Government and the Emirates Governments, pursuant to the prov

  85. Article 82 — Article (82) The Executive Regulations

    The Cabinet shall, upon the proposal of the Minister, issue the Executive Regulations of this Decree-Law.

  86. Article 83 — Article (83)

    Matters not stipulated herein shall be subject to the provisions of the Tax Procedures Law.

  87. Article 84 — Article (84) Repeal of Conflicting Provisions

    Any text or provision inconsistent or discrepant with the provisions of this Decree-Law is hereby repealed.

  88. Article 85 — Article (85) Publishing and Entry into Force

    This Decree-Law shall be published in the Official Gazette and shall enter into force as of 1st January 2018.

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