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The UAE Tax Case Study.
15May2024
11 min read
One company provides services to another company. Both are the UAE residents and have no foreign establishments. The services are actually performed abroad. Shall they be zero-rated? Read more in the article of Andrey Nikonov, Senior Partner, and Maria Nikonova, Partner.
The director’s fee is exempt from VAT in the UAE by virtue of special rule. There is no such rule in the Corporate Tax legislation. The Guide from the FTA gives hope but they are accompanied by the reservation and reference to a case by case resolution. The situation where a director serves for several companies makes things worse. How the risk may be mitigated? Find our view in the case study. Read more in the article of Andrey Nikonov, Senior Partner, and Maria Nikonova, Partner.
The Saudi Regional Headquarters may enjoy the zero rate Income Tax in the Kingdom. No withholding on dividends, as well. May its parent company in the UAE mainland enjoy the Participation Exemption? The latter is applicable only if the Participation is subject to the rate of 9% or higher. We delve into it in this Case Study. Read more in the article of Andrey Nikonov, Senior Partner, and Maria Nikonova, Partner.
To avoid issues with the tax authority, a supplier may charge its customer with VAT for a transaction that is exempt, zero-rated or is not subject to VAT. Can the customer recover such VAT? In the attach we address this issue for the UAE. EU Case Law and practice in Oman and Saudi Arabia examined to obtain clarity and esteem risk in the Emirates. Read more in the article of Andrey Nikonov, Senior Partner, and Maria Nikonova, Partner.

This study covers VAT for services in the business sector. Digital (electronic) services are outside the scope of this research and will soon be addressed separately. Read more in the article of Andrey Nikonov, Senior Partner.

The UAE VAT legislation contains multiple provisions reserved to deal with supplies in, to or from the VAT Implementing State. The tax authorities of the KSA, Oman, UAE, Bahrain clarifie that these provisions are dormant yet. Neither Authority considers another GCC State as the one which has already implemented VAT. However, it could happen that the UAESupreme Court decided differently. Read more in the article of Andrey Nikonov, Senior Partner.
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