I invoiced a applicant in euros and mentioned the dirham bulk in the balance as per that day’s barter rate, as accustomed by the Central Bank of the UAE. I accustomed my acquittal afterwards 60 days. Since the barter bulk had changed, the acquittal was decidedly altered from the dirham bulk on the invoice. Should I pay the VAT as per the dirham bulk mentioned in the invoice, or as per the absolute acquittal received? AG, Dubai
The VAT legislation does acquiesce for registered companies to accession sales invoices in a bill added the dirham. Article 69 of the legislation states that if the accumulation is in addition currency, again the bulk declared in the tax balance should be adapted into the dirham according to the barter bulk accustomed by the Central Bank at the date of supply. This is not necessarily the date of balance or the date the acquittal was received.
The date of accumulation is covered by Article 25 of the Decree Law and is authentic as the ancient of several dates, which are: the date the appurtenances were transferred to or accustomed by the customer, the date the accouterment of casework was completed, the date the acquittal was accustomed or the date the balance was issued.
Therefore, every auction invoiced in a bill added than the dirham needs to actuate the date of accumulation and use the barter bulk for that date. This you will acquisition on the Central Bank website, which includes circadian barter ante for every currency. Once you accept aloft the balance application the actual barter rate, again any aberration amid the balance bulk adapted to dirhams and the bulk absolutely accustomed is due to adopted bill movements amid the date of accumulation and the date of payment, which are not accountable to added VAT.
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We claimed a VAT acquittance in aboriginal division of Dh48,235.50. The acquittance assuming on our Federal Tax Authority annual is beneath review. Our aing acknowledgment shows we allegation pay Dh2,204.68 in the added quarter. Can we acclimatize the accepted payable bulk with the refundable bulk or should we pay the Dh2,204.68 now? AVN, Dubai
Until the FTA approves the refund, you should accomplish a abounding acquittal for your added division VAT return. By not authoritative the abounding acquittal you are acceptable to acquire absorption penalties for an underpaid acknowledgment until the date that the acquittance is approved. The acquittance will be fabricated alone and should not be accumulated with the accepted VAT payment.
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Last year I bought a new car and alone purchased a three-year account contract. I accept aloof taken the agent to be serviced for the aboriginal time and the dealership has insisted I pay VAT on the account arrangement alike admitting I paid the agreed bulk in abounding aftermost year. They would not let me handover the car until I had paid the tax, abrogation me with little choice. Are they accustomed to do this? It seems actual unfair. TL Abu Dhabi
The acknowledgment to your concern depends absolutely on the diction of the account contract. The accordant legislation is alleged Transitional Provisions and is set out in Article 80 of the Decree Law and Article 70 of the Executive Regulations.
The dealership is actual that area a account arrangement was entered into afore the law came into force, but covers any aeon afterwards January 1, VAT is payable on the allocation that avalanche afterwards that date.
However, unless the arrangement accurately includes clauses apropos to tax, again the bulk you accept already paid is advised to be across-the-board of VAT. Look at your account acquaintance abundant Terms and Conditions and see if VAT or tax was mentioned. If it says that the bulk you paid is absolute of VAT, again abominably you are accountable to pay it now. If there is no acknowledgment of VAT or tax in the contract, again you are not accountable for any added payment.
The abundant VAT legislation and Executive Regulations came out almost backward in 2018 and abounding businesses had not included any acknowledgment of the tax in affairs active beforehand in the year. The legislation dictated that business had to pay over VAT on already assured affairs alike admitting they had not answerable this assimilate their barter and congenital it into their appraisement In an attack to assure their advantage abounding businesses accept approved to allegation VAT back accurately they should not.
Lisa Martin, a accountant accountant with added than 20 years bartering accounts experience, is the architect of accounting, auditing and VAT consultancy, The Counting House. Email any VAT queries to [email protected]
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