FTA Announces List of VAT Free Zones in the UAE
The UAE’s Cabinet on Wednesday finalised designated free zones for application the Federal tax-law No (8) relating to Value Added Tax (VAT).
An unofficial translation of the cabinet decision lists 20 free zones across the country as designated free zones under special treatment under VAT law. The Cabinet decision is effective from January 1, 2018.
According to the UAE VAT law, a designated zone is an area specified by the cabinet decision. A designated zone that meets the conditions specified in the Executive Regulation of VAT law shall be treated as being outside the State.
Article (51) of the VAT law specifies that transfer of goods between designated zones are tax free. According to the Executive regulations of the tax law a designated Zone is a specific fenced geographic area and has security measures and customs controls in place to monitor entry and exit of individuals and movement of goods to and from the area. Additionally a designated zone shall have internal procedures regarding the method of keeping, storing and processing of goods and the operator of the designated zone complies with the procedures set by the Federal Tax Authority (FTA).
The UAE Cabinet has the authority to amend the list of designated zones. According to tax experts acquisition of goods within a designated zone for incorporation into another unconsumed good located within the same designated zone will not be subject to UAE VAT.
The twenty designated zones selected from 45 free zones in the country qualifies for transfer of goods between the not be subject to tax.
“Goods may also be transferred between Designated Zones without being subject to tax if the goods are not used or altered during the transfer process, and the transfer is undertaken in accordance with the rules for customs suspension per GCC Common Customs Law. The FTA may require a guarantee equivalent to the tax liability of the goods to be transferred in case the conditions for the transfer of goods between Designated Zones are not met,” said Afridi & Angell, in a recent note.
The movement or supply of goods into a designated zone from within the UAE will not be considered an export of such goods from the UAE, and as such will not receive zero-rating which an export outside of the GCC would receive.
A large number of entities operating in these zones provide services as their primary taxable supplies. The Executive Regulation specifies that that the place of supply of services is considered to be within the UAE if the place of supply is within the designated zone and in effect, aligns the VAT treatment of service entities operating within designated zones to similar onshore entities within the UAE.
Here's the complete list of Designated Zones as per the Annex to the Cabinet Decision No (59) of 2017:
Abu Dhabi
1. Free Trade Zone of Khalifa Port
2. Abu Dhabi Airport Free Zone
3. Khalifa Industrial Zone
Dubai
4. Jebel Ali Free Zone (North-South)
5. Dubai Cars and Automotive Zone (DUCAMZ)
6. Dubai Textile City
7. Free Zone Area in Al Quoz
8. Free Zone Area in Al Qusais
9. Dubai Aviation City
10. Dubai Airport Free Zone
Sharjah
11. Hamriyah Free Zone
12. Sharjah Airport International Free Zone
Ajman
13. Ajman Free Zone
Umm Al Quwain
14. Umm Al Quwain Free Trade Zone in Ahmed Bin Rashid Port
15. Umm Al Quwain Free Trade Zone on Shaikh Mohammad Bin Zayed Road
Ras Al Khaimah
16. RAK Free Trade Zone
17. RAK Maritime City Free Zone
18. RAK Airport Free Zone
Fujairah
19. Fujairah Free Zone
20. FOIZ (Fujairah Oil Industry Zone)
Source: Gulf News
Background Information
Federal Tax Authority
By virtue of this Federal Law by Decree a public federal authority shall be established under the name of the Federal Tax Authority. The headquarters of the authority shall be located in the city of Abu Dhabi. The authority shall be in charge of managing and collecting federal taxes and related fines, distributing tax-generated revenues and applying the tax-related procedures in force in the UAE.
The authority shall be managed by a board of directors chaired by the Minister of Finance and a sufficient number of members to be appointed and remunerated by a Cabinet resolution, based on the chairman’s nomination. The authority shall have an independent annual budget that shall be deemed as public funds and exempted from all taxes and fees.