Overview of VAT Penalty in UAE:
A list of administrative penalties has been updated by the Government of the UAE that is imposed on businesses for violation of the tax laws. The minimum amount of VAT penalty UAE starts from the amount of 500 AED as well as raises until the triple value of the tax on the transaction in question.
The UAE published Cabinet Decision No. (49) of 2021, amending the Cabinet Decision No. (40) of 2017 on the Administrative Penalties for the Violations of Tax Law in the UAE. Amendments came into effect from the 18th of June 2021.
The amendment reduced the value-added tax penalties in case of non-compliance. Moreover, the VAT – Value-added Tax which came into force on the First of January 2018 in the UAE. Moreover, Tax Registration Business collect the amount in the form of tax on behalf of the government.
Thereafter, the VAT return filing is submitted to the FTA at the end of the tax period by these VAT registered Businesses.
VAT Penalties in UAE:
In case of non-compliance with VAT laws in the UAE, following are the penalties:
3. Delayed VAT registration fine:
In case the submission of the VAT registration is delayed, the VAT penalty amount in UAE fine imposed shall be AED 20,000.
4. Delayed VAT De-registration fine:
In case the submission of the VAT deregistration in UAE is delayed, the amount of the fine imposed shall be AED 10,000.
5. Failure to inform FTA of any changes in tax records that need to be submitted:
The amount imposed shall be AED 5,000 for the first time. Further, if continued, in the subsequent case, the amount imposed shall be AED 15,000 for each repeat violation.
6. Delaying in the filing of tax return fine / VAT return fine or Failure to file VAT return within a specified time:
The VAT penalty amount in UAE imposed shall be AED 1,000 for the first time. Further, if continued, in the subsequent case, the amount imposed shall be AED 2,000 for each repeat violation.
7. Late VAT payment penalty in UAE:
Failure to pay the tax stated in the tax return form within the time frame specified by the tax law. Following are the penalties in case of delay:
Firstly, 2% of the unpaid tax is due immediately.
Secondly, 4% is due on the seventh day following the deadline for payment.
Thirdly, 1% daily penalty shall be charged on any amount that is still unpaid one calendar month after the deadline for payment, up to a maximum of 300%.
8. Filing of incorrect VAT return penalty:
Following are the categories of penalties :
a. Fixed penalty
b. Percentage based penalty
A. Fixed Penalty: The VAT penalty amount in UAE imposed shall be AED 3,000 for the first time. Thereafter, if continued, in the subsequent case, the amount imposed shall be AED 5,000 for each repeat violation.
B. Percentage-based Penalty: The VAT penalty amount in UAE shall be applied on the amount unpaid to the authority due to the error as follows:
Firstly, (50%) After notification of the tax audit, if the Registrant does not make a voluntary disclosure or he made the voluntary disclosure and the Authority has started the tax audit process, or after being asked for information relating to the tax audit, whichever takes place first,
Secondly, (30%) if the Registrant makes a voluntary disclosure after being notified of the tax audit and before the authority starts the tax audit.
Thirdly, (5%) if the Registrant makes a voluntary disclosure before being notified of the audit by the Authority.
11. Incorrect Tax invoice format:
a. Incorrect simplified tax invoice: AED 5,000 is the amount of penalty imposed for VAT penalty.
b. Incorrect full tax invoice: The VAT penalty amount in UAE imposed shall be AED 10,000.
12. Failure to account for tax due on import of goods as required under the tax law:
The amount imposed shall be 50% of unpaid or undeclared tax.
13. Failure to display prices on tax invoice inclusive tax:
The amount imposed shall be AED 15,000.
14. Failure to display prices on tax invoice inclusive of tax:
The amount imposed shall be AED 15,000.
15. Failure to notify the FTA of applying tax based on the margin:
The amount imposed shall be AED 25,000.
16. Failure to comply with conditions & procedures related to the transfer of goods in designed zones:
The penalty will be higher of AED 50,000 or 50% of the tax if any, unpaid on the goods because of the violation.
17. Failure to issue a tax invoice or alternative document when making any supply:
The VAT penalty amount in UAE imposed shall be AED 5,000 for each missing tax invoice or alternative document.
18. Failure to issue a tax credit note or alternative document:
The amount imposed shall be AED 5.000 for each missing tax credit note or alternative document.
19. Failure to comply with conditions & procedures regarding the issuance of electronic tax invoices and electronic tax credit notes:
The amount imposed shall be AED 5,000 for each incorrect document.
Calculation of the late/ delayed VAT penalties in UAE:
A. 20 business days following the submission of voluntary disclosure.
B. 20 business days following the receipt of a Tax Assessment.
VAT Percentage in the UAE:
- Standard Rate VAT in UAE:
The rate applied to most of the goods as well as services in the UAE is five percent.
- VAT rate as zero:
Zero VAT rate is applied to exports of goods and services and on some specified goods and services, such as healthcare-related goods and services.
Although the VAT penalty UAE is extensive, the application and implementation are seen in the UAE. Moreover, in addition to exploring the best VAT software, it is imperatively suggested that businesses understand the fundamentals of business implications for VAT Law in the UAE.
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