10 January 2018

UAE Tax Authority releases key clarifications relating to VAT implementation

Executive summary

On 9 January 2018, the Federal Tax Authority of the United Arab Emirates (UAE) published two key pieces of legislation relating to the recent implementation of Value Added Tax (VAT) in the country. The first piece of legislation addresses designated zones for VAT purposes and the other addresses zero-rating for the healthcare sector.

This Alert outlines the key provisions.

Detailed discussion

This Decision provides absolute certainty as to which of the existing free trade zones in the UAE are to be so designated for VAT purposes. This has important implications for the VAT treatment of goods and services supplied into, within and out of these zones.

List of Designated Zones by Emirate annexed to the Cabinet Decision No (59) of 2017:

Abu Dhabi

  • Free Trade Zone of Khalifa Port
  • Abu Dhabi Airport Free Zone
  • Khalifa Industrial Zone

Dubai

  • Jebel Ali Free Zone (North-South)
  • Dubai Cars and Automotive Zone (DUCAMZ)
  • Dubai Textile City
  • Free Zone Area in Al Quoz
  • Free Zone Area in Al Qusais
  • Dubai Aviation City
  • Dubai Airport Free Zone

Sharjah

  • ?Hamriyah Free Zone
  • Sharjah Airport International Free Zone

Ajman

  • Ajman Free Zone

Umm Al Quwain

  • Umm Al Quwain Free Trade Zone in Ahmed Bin Rashid Port
  • Umm Al Quwain Free Trade Zone on Sheikh Monhammed Bin Zayed Road

Ras Al Khaimah

  • RAK Free Trade Zone
  • RAK Maritime City Free Zone
  • RAK Airport Free Zone

Fujairah

  • Fujairah Free Zone
  • FOIZ (Fujairah Oil Industry Zone)

This Decision provides suppliers, customers and consumers of healthcare services with confirmation as to which of their supplies and purchases qualify for this special relief.

In the application of the provisions of this Decision, the following words and expressions shall be defined as follows, unless the context requires otherwise:

Medications: Every product containing a substance(s) which achieves the intended objective in or on the human body via biological effect, which is produced, sold or offered for use in cases relating to diagnosing, treating, healing, relieving or preventing diseases, or renewing, correcting or rehabilitating the function of body organs.

Medical equipment: A medical product containing a substance, device, instrument, motor, implant, detector or system, including its accessories and operating software, which achieves the intended objective in or on the human body without medicinal, immunological or metabolic effect, which is produced, sold or offered for use in cases relating to diagnosing, treating, relieving, controlling or preventing diseases, injury or disability.

Effective date

In the case of both Decisions, the legislation has been given retrospective effect from 1 January 2018. Therefore, the VAT treatment applied by affected businesses to transactions that have taken place over the preceding nine days may now need to change.

Further information and analysis of the implications of these two pieces of legislation will be addressed in future Alerts.

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CONTACTS

For additional information with respect to this Alert, please contact the following:

Ernst & Young Middle East (Dubai Branch) United Arab Emirates

  • David Stevens, EY VAT Implementation Leader
    david.stevens@ae.ey.com
  • Nicola Butt
    nicola.butt@ae.ey.com

Ernst & Young Middle East (Abu Dhabi Branch) United Arab Emirates

  • Stuart Halstead, EY VAT Implementation Leader
    stuart.halstead@ae.ey.com

EY VAT Implementation Regional Team

  • Finbarr Sexton
    finbarr.sexton@qa.ey.com
  • Jennifer O'Sullivan
    jennifer.osullivan@qa.ey.com
  • Filip Van Driessche
    filip.vandriessche@qa.ey.com

Ernst & Young LLP, Middle East Desk, Houston

  • Gareth Lewis
    gareth.lewis1@ey.com

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ATTACHMENT

PDF version of this Tax Alert

Document ID: 2018-5110