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Effect of VAT in existing construction contracts of UAE

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The construction companies are now faced with the dilemma of VAT registration and VAT impact in these pre-existing construction contracts as they time of implementing the VAT is drawing near. The GCC council have fixed the implementation of VAT as of January 1, 2018.

The VAT law contains standard rules that accommodate this type of scenario, but these procedures address not all circumstances. The executive regulations, which will provide further details on the transitional provisions, are expected to be issued during the fourth and final quarter of this year. 

The VAT registration law decreed that if the supplier supplies goods after the implementation date but has received the payment before the effective date, then those transactions come under the purview of the VAT. Even if the trade happens before the effective date but does not have the clause of tax, then it comes under VAT.

The yet to announce administrative regulations might provide an exception in circumstances where the recipient is also VAT registered and can recover the VAT.The supplier would be entitled to add VAT to the contract price and shift the VAT burden to the recipient, who in turn would be eligible to deduct the input VAT on their VAT return. 

Here all you need to know VAT registration in Dubai?

The ground rule is, however, that the supplier will bear the liability of VAT, unless the contract states otherwise, or the executive guidelines provide exclusions allowing a supplier to charge VAT where the supply is to a VAT registered recipient.

Calculation of VAT:

The original payment of VAT payable to the Government is calculated on the contract price that was set before the inclusion of VAT, even though the contract has no mention of VAT addition in the amount. If the contracting company is in the process of VAT registration, the treatment of this pre-existing agreement is expected to be specified in the pending notification of the Government.

The prediction of VAT announcements:

It is expected that the VAT law will provide a detailed solution for contracts that were accepted and finalized before the implementation date and the services supplied after the effective date. The notification is expected in the coming days and is expected to provide clarity on implementation and treatment of VAT issues. If any company is entering into a contract before January 1, 2018, then it is prudential to include the necessary provisions for VAT.

For support on VAT registration in UAE reach our consultant at [email protected]

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