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Applying for a VAT (Value-Added Tax) Refund in UAE
One of the most crucial parts of an effective tax strategy is knowing how to recover the VAT you’ve paid during the past tax year.  Not only is it important to know if you have the right to apply for a VAT refund, you should be aware of the preparations involved so you can obtain it as soon as possible.

What is a VAT Refund?

Under FTA regulations, all registered businesses must submit a VAT return outlining the details of their sales and purchases for the tax period. Input VAT refers to the amount paid to suppliers for purchases or expenses, while Output VAT refers to the amount collected from sales. The input VAT amount can be offset against the output VAT amount.

Due to its complexity, businesses should seek expert advice to claim a VAT refund in the UAE before submitting a VAT refund form.

Timeline for VAT Refunds

When a taxpayer applies for a VAT refund, the Federal Tax Authority (FTA) will review and process the claim within 20 business days from the submission date. The FTA will inform the taxpayer of their decision to accept or reject the claim. If the processing time exceeds the 20-day deadline, the FTA will notify the taxpayer of the extension.

VAT Refund: Helpful Tips

First and foremost, the tax refund file must be complete and fully prepared before you submit it to the tax office. Furthermore, all VAT refund procedures must be compiled correctly to receive your claim amount quickly and without any delays. The more common factors that can result in a delay include:

  • Difficult administrative procedures
  • Incorrect or insufficient documentation
  • Missing deadlines when replying to the Federal Tax Authority
  • Not understanding the indirect tax rules

Keep in mind that delayed or missed refunds and unclaimed tax credits can result in a negative cash flow and “tax leaks”, both of which can increase your costs of doing business and reduce your profitability in the process.

As a relief measure and in response to the COVID-19 (Coronavirus) pandemic, UAE businesses can expect to receive their VAT refunds earlier than usual. A number of tax professionals now believe that the Federal Tax Authority has accelerated the refund process for those businesses that have already submitted their returns.

We are here to help with Your VAT Refund

Our tax agency is registered with the Federal Tax Authority and is comprised of a team of professionals that are dedicated to providing the highest quality service and your satisfaction. We are happy to share our tax refund experience and expertise, especially when it comes to complicated, detailed, and tedious bureaucratic processes. We can assist you with:

Reviewing VAT returns, calculations of refundable VAT, working papers and check documentation for filing refunds

  • Prepare documents and data templates for VAT refund applications as per laws
  • Check for VAT non-compliance for your company
  • Prepare and submit the VAT refund application
  • Look over the VAT refund report on missing documents/points, respond to queries of FTA and re-submit after corrections
  • Manage correspondence and communication with Federal Tax Authority
  • Visit the tax office and handle the finalization of the VAT refunds
With our extensive network of tax professionals and VAT specialists, we can easily assist you in developing and improving the processes that will enable you to reduce administrative costs and the time invested when applying for your refund. We are with you at every step of the way when it is about tax and VAT filing and refunds. To know more about the offered services which are not limited to corporate tax and VAT, please call Intuit Management Consultancy (IMC Group).
Manufacturing Sector to Benefit From the Recent FDI Update – 100% Foreign Ownership

As per the recent FDI law update, 100% foreign ownership is allowed in mainland companies in certain sectors of the economy. The resolution allows 122 economic activities in which FDI is permitted. This list includes economic activities across various sectors including agriculture, manufacturing and services (including healthcare, hospitality, construction, education, among others). This move aims to strengthen the UAE’s commitment to become the preferred foreign investment destination in the region.

The UAE government is making every effort to raise the industrial sector’s contribution to the GDP and foster economic growth by working towards building a sustainable and diversified economy. In fact, the country is all set to achieve its mission – UAE Vision 2021 and UAE Centennial 2071 – a long-term government plan spanning over five decades. The recent FDI regulations will further boost this plan.

It is worth noting that the UAE’s economy still stands strong despite the recent crude oil price fluctuations and global slowdown caused due to COVID-19 pandemic. Besides, the country’s economy is heading towards major diversification and focusing on building a future based on non-oil sectors.

While companies are facing a bigger challenge of addressing supply chain issues and additional manufacturing locations, UAE also focuses on achieving advanced technology outputs in order to transform its business models.

UAE enjoys the advantage of its strategic location on the new Southern Silk Road between Asia, Europe and Africa. Besides, it also ranks high in all the five areas of manufacturing environment viz, infrastructure and innovation, energy and transportation, policies and regulations, workforce quality and unrestricted adaption of automobile and Artificial Intelligence facilities. The favourable economic environment results in increased productivity which in turn helps develop transformative technologies helpful for developments in the fields of Artificial Intelligence, Advanced Innovation, Fourth Industrial Resolution, etc.

With the global crises, there are uncertainties regarding economic growth. During such times, UAE is focusing on finishing its infrastructure and strategic projects which were kept on hold for a long time. This is further set to boost investment in the region. The manufacturing sector is largely benefitting from this move. Manufacturing sectors are given special attention as they help achieve these projects in all economic sectors such as medicine, aviation, renewable and nuclear energy, military, aluminium, plastic, food, engineering, robotics, space, biotechnology, artificial intelligence, self-propelled vehicles, etc.

For businesses setup in UAE, this new FDI law update will prove to be very fruitful. If you are looking for company formation in Dubai, you may consider reaching IMC Group.

Deadline Updates for United Arab Emirates Economic Substance Regulation Notifications

According to financial experts in United Arab Emirates, Government regulatory authorities have amended or confirmed the filing deadlines for their annual filing notifications in their respective free zones.  Pursuant to current economic substance regulations, these updated notification deadlines apply to the following entities:

Abu Dhabi Global Market (ADGM) – the March 31st notification deadline no longer applies.  Unfortunately, no updated deadline is available at this time.

Dubai International Financial Centre (DIFC) – as with the ADGM, the March 31st notification deadline no longer applies.  Regardless, the DIFC confirmed that filing it during the 2nd quarter of this year is still required.  However, as of this notice, the deadline is yet to be announced.

Dubai Silicon Oasis Authority (DSO) – the deadline for filing the notification was March 31st.

Ras Al Khaimah International Corporate Centre (RAKICC) – the deadline for filing the notification is June 30th.

These economic substance notification deadlines apply to the following businesses:

  • Banks and financial institutions
  • Business or corporate headquarters
  • Businesses that manage investment funds
  • Distribution businesses
  • Holding Companies 
  • Insurance businesses
  • Intellectual property or IP businesses
  • Lease-finance businesses
  • Service centers
  • Shipping business


Regulations are in place to provide definitions of the activities listed above and apply to financial years beginning January 1st, 2019. If you are looking for business consultation or advisory services, contact Intuit Management Consultancy (IMC Group).

Offering the services of experts with in-depth knowledge about global mobility, international tax structuring, VAT and tax filing services in the UAE. Call us today.

DIFC Foundations now being accepted as Direct Shareholders by JAFZA

JAFZA (the Jebel Ali Free Zone) has become the most recent Dubai jurisdiction to allow Dubai International Financial Centre (DIFC) Foundations as direct shareholders and/or incorporators in registered entities. This is a big step forward when it comes to business consolidation and growth.

Why is this so important?

The acceptance of these foundations is literally a game-changer when it comes to the structuring of UAE real estate assets.  As one of the largest, most reputable free zones in this region of the world, JAFZA and JAFZA IBC’s (its offshore counterparts) have long been recognized as the go-to option for the registration of real estate holdings in the Dubai region. This marks a new beginning in the real estate sector and shows immense opportunity for growth.

The relationship between DIFC Foundations and JAFZA addresses key concerns of many entrepreneurs and investors such as asset protection and legacy planning.  In the past, these concerns could’ve only been addressed by fully restructuring the legal process involved in the transference of property ownership. By making it seamless and easier to access than before, the interest that has been generated is newsworthy.

JAFZA IBC’s Before
  • Using a sub-vehicle to consolidate; individual share holding
  • No legacy planning strategy
    • assets subject to probate in case of death
    • dilution equates to destruction of value
  • Poor asset protection against creditor attacks, divorce, etc.
  • Poor value – requires double legalization

JAFZA IBC’s After
  • Consolidated under a single planned structure; asset segregation by class
  • Smoother intergenerational succession
  • NO authorities involved
  • NO dilution equates to better income protection
  • NO family disputes
  • Protection against attacks
  • Privacy
  • Increased cost-effectiveness

Additional Considerations

As self-owned entities, DIFC Foundations have a personality that is distinct from that of their founders.  They are compatible with a range of asset classes in the UAE including investment portfolios, real estate, and shares.  Furthermore, they enable business owners and entrepreneurs (as well as their families) to consolidate and maintain control over their investments and other income-generating assets. This shall help bring better financial stability in the market.

At the same time, these individuals are protected against potential risks such as creditor attacks and probate.  Most importantly, Muslims and non-Muslims alike will benefit from their efficacy as a financial tool.  JAFZA’s action coincides with the introduction of a number of economic improvement measures put forth by the DIFC as a response to the COVID-19 pandemic. This includes waiver of all registration fees for the specific scope industries and for the foundations. Thus, business can look forward to optimizing their high value assets with ease.

VAT Refund for Foreign Businesses in the UAE

The Federal Tax Authority (FTA) has introduced a VAT refund scheme in the United Arab Emirates for foreign businesses. With this scheme, all eligible non-United Arab Emirates established businesses will be able to submit the VAT refund requests for the calendar year 2019. However, the refund application needs to be made by 31st August 2020.

Which businesses can claim VAT refund?

Only specific foreign businesses will be eligible for the VAT refund paid on expenses incurred in the UAE. The eligibility criteria are as follows:

  • The business must not have a place of establishment or fixed establishment in the UAE or other GCC implementing state.
  • They are not a taxable person in the UAE (meaning they are neither registered nor required to be registered for VAT purposes).
  • They are not carrying on a regular business or ongoing activities of a business in the UAE; and
  • They must be carrying on a business and are registered as an establishment for VAT overseas.

Other conditions

FTA has further mentioned the minimum claim amount for each VAT refund application which is AED 2,000. This may include a single purchase or multiple purchases. Businesses aiming to claim refund must hold the original tax invoices / receipts of the purchases they would like to reclaim VAT. The same has to be submitted along with the refund application to the FTA

Further, businesses operating out of selected countries are only entitled to a VAT refund scheme. Below is the list of eligible counties:

  • Austria
  • Bahrain
  • Belgium
  • Denmark
  • Finland
  • France
  • Kuwait
  • Iceland
  • Isle of Man
  • Lebanon (in certain situations)
  • Luxembourg
  • Namibia (in certain situations)
  • Netherlands
  • New Zealand
  • Norway
  • Oman
  • Qatar
  • Saudi Arabia
  • South Africa (in certain situations)
  • Sweden
  • UK
  • Zimbabwe
  • Switzerland


If you have incurred VAT in the UAE but your business is not established in the above mentioned countries, you might not be able to recover the VAT under this scheme. However, you can seek help from professional consultants to explore other options to reduce your VAT cost in the future.

IMC Group is a renowned VAT consultant in the UAE. Our VAT experts can assist you through the entire process of applying for a VAT refund and also help you minimise your VAT cost in the future by reviewing your supply chain structure. For more information, you can get in touch with us.

Free Zones in Dubai Have Extended ESR Submission Deadline to June 30

ESR or Economic Substance Regulation submission had the deadline of March 31, but due to the pandemic of COVID-19 in these days, a few free zones have extended the deadline for the companies. 

As they postponed the deadline for the companies, Younis Haji Al Khouri, Undersecretary at the Ministry of Finance recently announced the fact that the cut-off date is June 30 and they will make certain that all the regulations are followed as per the deadline, given by the Ministry of Finance. He has also added this move ensure ultimate compliance.

Dubai International Financial Centre had also asked the entities for submitting the ultimate economic substance notification on the DIFC portal. Though the March 31, 2020 deadline is no longer applicable, and this has been mentioned on their official website. UAE is a committed member of the OECD Inclusive Framework.Thus, it had come with a Resolution on the Economic Substance on April 30, 2019. It had done so 

As per the evaluation of tax framework of United Arab Emirates as well. The ultimate rules and regulation required companies, which simply carry out the relevant activities, to maintain the sufficient economic presence in a nation regarding some of the activities they undertake. It is applied to financial year commencing on or from January 1, 2019.

Abu Dhabi Global Markets have also stated in a recent note that ESR notification got extended until further notice comes. Keeping the recent situation or this pandemic in mind, this can be considered as one of the big reliefs in the general business. Businesses and companies can utilise this extension for analysing their business details and financial aspects.

Recently Expo Dubai has conducted a virtual meeting of the Steering committee with all representatives from different nations.They discussed the ultimate impact of Coronavirus, COVID-19 which has impacted the Global preparations of Expo 2020 Dubai.The nations that took part in it explained the worldwide precautionary measures to the Steering Committee.These measures were mandatory for making the involved people totally safe.

According to their assessment, every nation now has an economic crisis.The members of Dubai Expo 2020 reaffirmed all of their solidarity along with the international community as this will simply navigate through the ramifications, which have already resulted from this unprecedented global disaster.

Expo 2020 Dubai has ample representatives from the whole world and during this situation; they are trying hard to come out of it.So, recently, they reaffirmed the UAE commitment for working hand in hand.They want all of their foreign and international partners to come forward and then deliver the World Expo that holds true to the founding purpose. 

Though, everybody already knows about the postponement of Dubai Expo 2020, but, they are still trying to find a way.The entire committee has agreed collectively for discovering with BIE,The Bureau International des Expositions, BIE, will now on work with all of the Member States and Expo 2020 Dubai directors to set up the change in dates.Though they have already announced the date, the general assembly has also stated a fact that the final decision can be postponed. 

Eventually, if there are any certain changes on the absolute decision on the deferment, then only the General Assembly and also the BIE’s Executive Committee can do these.According to the rule, if the dates need change, then at least 2/3rd of the Member States of the Organization should vote. And if the votes do not come in favour of general assembly, then the change in the date cannot happen.

Recently, the Minister of State for International Cooperation, Reem Al Hashemy, has given stress on this specific matter.He is also the Director General of Expo 2020 Dubai.He has stated that this entire global situation is moving quite fast, and this is unpredictable.As plenty of countries are going through the situation, so they will follow due to BIE processes on deciding to delay the Expo 2020.

The implications of Expo 2020 for Dubai’s real estate scenario

There seems to be an upsurge in the real estate arena of Dubai thanks to the years of reforming the real estate policies to draw in the investors. The reforms seem to be working now that the investors are gaining their confidence back about the UAE real estate market. The initiatives that have brought about this change include increasing the flexibility of debt payments by the financial institutes, favourable plans for payment, and long term visas for the professionals and investors.

It seems that the confidence of the investors started rising ever since the news of Dubai Expo 2020 was announced. This was good news for the real estate investors interested in the country because it was a sign of the potential of the market for attracting buyers. A couple of investors have already delivered projects worth multimillions of AED. And, the good news lies not just in the fact that they have delivered the project, but rather in the fact that most of these projects have sold out completely. After all, the popular belief in the real estate world says that the delivery of the project is as important as it is to get it to sell out.

Now, let’s take a look at some of the data to get a better understanding of the market conditions. The last quarter of last year hit a record of sorts by closing nearly five thousand real estate transactions. This was the highest property sales recorded since the year 2008, and the residential stocks of Dubai are projected to hit 6, 37,000 in the year 2020.

The Expo 2020 has been touted, by the Dubai government, as the largest event ever to take place in the UAE. Dubai is to play host to one hundred and ninety countries, and millions of visitors from all over the globe are slated to join the event. The event will carry on for one hundred and seventy-three days, and have various themes like sustainability and innovation in the Arab region.

There is clear evidence that the Expo has changed the face of the economy for the past hosts of it. There is a noticeable growth in local economies and the price of real estate.

Dubai is ready to spend billions to make Expo the biggest event ever in the world. The organizers are expecting eleven million visitors from the UAE and fourteen million from overseas. Going by the recent reports, the Expo 2020 is slated to prove a boost of AED 122.6 billion to the local economy, along with creating over 49,700 permanent jobs this year. Investors are also confident that it will lead to the overall development of the business scene in Dubai.

The investments made in Expo and the money spent by the government in building its infrastructure are one of the main factors keeping the country’s economy on the right track during recent times. It has been predicted that the Expo can help the economic growth of Dubai to range from 3.8% to 4.5% in the future.

The Expo will create job opportunities in varied sectors like tourism and travels, engineering and infrastructural development, architecture, and service industries.

With the right amount of push from the Expo, the real estate sector of Dubai is on a roll now. The developers expect that after the Expo, investors will want to make the country their base because the infrastructural facilities and regulations can make it as lucrative as the other global cities, such as Paris, London, or New York.

Though the leading investments in real estate come from the Chinese and the local Emiratis, the developers have noted that even Indians are now considering Dubai for investments in real estate. Dubai has the luxury factor coupled with great prices compared to what is available in their home country, which attracts the Indian investments. For instance, residential properties have an average price of AED 1,000 – 12,000 per sq. Ft. in Dubai, which is roughly INR 20,000 – 24,000.

The time to invest in the real estate scene of Dubai is right now because of factors that go beyond the usual buying and selling properties. When you think of the average returns you can earn anywhere in the world, the figures stand at five to six per cent, and maybe seven to eight per cent on a great day. But, Dubai can easily take it to ten to twelve per cent for all day.

Are the U.A.E. real estate deals set to go up in 2020

Enquiries for mortgage for lesser-priced properties in the U.A.E. has seen an increase by almost 59 percent between the year 2018 and 2019 because of lower property prices and also favourable interest rates. This trend is probably going to continue this year ensuing a potential upsurge in real estate transactions and a good time for doing business in U.A.E. in this sector.

“Marked by Dubai expo 2020 has the potential to become a very fruitful and interesting year with glaring achievements. Dubai will see a surge in tourist arrivals with almost 25 million expected to visit, increasing the investors’ appetite for the city’s real estate offerings,” Al Hammadi said.

As per the real estate visions and data platforms, Dubai has recorded a 20 percent rise in the volume of sales transactions of registered property in the year 2019 compared to 34,961 transactions recorded in 2018. There were over 45,000 units completed in 2019, which was the highest number of units that were completed in one year in the last five years.

“While we expect that the current supply will continue to put further pressure on prices, we will definitely witness a good year in terms of sales transactions,” he added.

Data also shows that there’s an 11 percent upsurge in the number of enquiries from clients who are earning a salary between 10,000 U.A.E. dirhams ($2,722) to about 12,000 U.A.E. dirhams per month between the year 2018 and 2019. The average property price that people in this income bracket consider is approximately 795,000 U.A.E. dirhams. Interest rate cuts in the year 2019 were surely a reassurance for probable real estate investors.

The U.A.E. Central Bank has slashed interest rates almost three times in the last year to be in tandem with the US Federal Reserve. In the year 2018, the average mortgage interest rate was about 3.99 percent. However, in last few months, it has decreased notably, with some rates going as low as 2.75 percent fixed for one year.

Therefore, when banks calculate affordability and perform stress tests today, those people who might not have passed these tests earlier, now have a better probability of doing so because a lower property prices and better interest rates result in lower monthly mortgage repayments.

This is definitely a buyers’ market because of the new real estate laws and regulations, and it’s good that some people who couldn’t buy previously have got a chance to invest in the property market and own their home now. So, if you are interested in buying your own home in the U.A.E. and can arrange for the down payment, then it is the best time to do so.

Foreign Civil Decrees Passed by U.A.E. Courts Are Now Enforceable in India

Foreign Civil Decrees Passed by U.A.E. Courts Are Now Enforceable in India The Indian Government has advised in a recent notification that foreign civil decrees which are passed by the courts in the UAE are allowed to now be executed in India.

For this purpose, the Central Government has given a notification that it accepts UAE as a reciprocating territory for enforcing any foreign civil decrees in India, in tandem with Section 44A of the Code of Civil Procedure (CPC).

“In exercise of the powers conferred by Explanation 1 to section 44A of the Code of Civil Procedure, 1908 (5 of 1908), the Central Government hereby declares, United Arab Emirates to be a reciprocating territory for the purposes of the said section.”

Government Notification released on January 17, 2020

This implies that decrees which are passed by any courts in the UAE will now allowed to be executed in India, similarly in case if they were passed by any Indian civil courts.

The manner for bestowing such a status to any foreign civil decrees has been described in the Section 44A of the CPC, and it states,

“Execution of decrees passed by Courts in reciprocating territory. (1) Where a certified copy of decree of any of the superior Courts of any reciprocating territory has been filed in a District Court, the decree may be executed in India as if it had been passed by the District Court….”

The specification further stipulates the mode in which the foreign decree must be filed. In any cases where such a special recognition of foreign decrees is conferred only on the decrees which are passed by courts located in reciprocating territories, which had to be so announced by the Government Notification. Regarding this, the initial explanation to Section 44A, CPC, mentions,

“Reciprocating territory’ means any country or territory outside India which the Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for the purposes of this section; and “superior Courts”, with reference to any such territory, means such Courts as may be specified in the said notification.”

Therefore, the Central Government has advised that the civil decrees passed by any of the following UAE courts may be now executed in India, that is,


Federal Court
 

Federal Supreme Court;

Abu Dhabi Judicial Department;

All Dubai Courts;

Ras Al Khaimah Judicial Department;

Courts of Abu Dhabi Global Markets;

Courts of Dubai International Financial Center.

Federal, First Instance and Appeals Courts located in the Ajman, Emirates of Abu Dhabi, Sharjah, Umm Al Quwain and Fujairah;

 
For more information, please contact us at [email protected] and one of our consultants shall get in touch with you. You can also visit our website at www.intuitconsultancy.com

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