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10 Things You Need to Know About VAT in the UAE

The Executive Regulation of the Federal Decree-Law No. 8 of 2017 on Value Added Tax

Article 2 – Supply of Goods

  1. A transfer of ownership of Goods or of the right to use them from one Person to another Person shall include for instance the following:
    1. A transfer of ownership of Goods under a written or verbal agreement for any sale;
    2. A transfer of ownership for a Consideration in a compulsory manner pursuant to the applicable legislations.
  2. 2. For the purposes of Clause 1 of this Article, a transfer of the right to use any assets shall not be treated as a supply of Goods unless the other Person is able to dispose of them as owner.
  3. 3. Entry into a contract between two parties causing the transfer of Goods at a later time shall be considered a supply of Goods where the agreement mentions a transfer or intention to transfer the ownership of Goods or a future transfer of ownership of Goods.
  4. 4. The following shall be considered a supply of Goods:
    1. A supply of water.
    2. A supply of real estate including sale and tenancy contracts.
    3. A supply of all forms of energy, which includes electricity and gas, including biogas, coal gas, liquefied petroleum gas, natural gas, oil gas, producer gas, refinery gas, reformed natural gas, and tempered liquefied petroleum gas, and any mixture of gases, whether used for lighting, or heating, or cooling, or air conditioning or any other purpose.


Article 3 – Supply of Services

The supply of anything other than the supply of Goods shall be regarded as a supply of Services including any of the following:

  1. The granting, assignment, cessation, or surrender of a right.
  2. The making available of a facility or advantage.
  3. Not to participate in any activity, or not to allow its occurrence, or agree to perform any activity.
  4. The transfer of an indivisible share in a good.
  5. The transfer or licensing of intangible rights, for example rights of authors, inventors, artists, and rights in trademarks, and rights which the legislation of the State deems to be within such category.


Article 4 – Supply of More Than One Component

  1. Where a Person made a supply consisting of more than one component for one price, the Person shall determine whether the supply constitutes a single composite supply or multiple supplies.
  2. The phrase “single composite supply” means a supply of Goods or Services, where there is more than one component to the supply, and taking into account the contract and the wider circumstance of the supply.
  3. A single composite supply shall exist in the following cases:
    1. Where there is supply of all of the following:
      1. A principal component.
      2. A component or components which either are necessary or essential to the making of the supply, including incidental elements which normally accompany the supply but are not a significant part of it; or do not constitute an aim in itself, but are instead a means of better enjoying the principal supply.
    2. Where there is a supply which has two or more elements so closely linked as to form a single supply which it would be impossible or unnatural to split.
  4. A single composite supply may exist under Clause 2 of this Article if all of the following conditions are met:
    1. The price of the different components of the supply is not separately identified or charged by the supplier.
    2. All components of the supply are supplied by a single supplier;
  5. Where a Taxable Person supplies more than one component for one price and the supply is not a single composite supply, then the supply of the components shall be treated as multiple supplies.


Article 5 – Exceptions related to Deemed Supply

  1. The supply shall not be regarded as a Deemed Supply in any of the following instances:
    1. Where the Input Tax on the relevant Goods or Services is not recovered.
    2. Where the supply is exempted.
    3. Where the refunded Input Tax on Goods and Services is amended according to the Capital Assets Scheme.
    4. Where the value of the supply of Goods for each recipient, within a 12-month period, does not exceed AED 500, and the supply made is to be used as samples or commercial gifts.
    5. Where the total of Output Tax payable on all Deemed Supplies for each Person for a 12-month period is less than AED 2,000.
  2. For the purposes of Paragraphs (d) and (e) of Clause 1 of this Article, the 12-month period is a period preceding the end of the month in which the Person makes a supply referred to in either of those Clauses.


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This article was published on 12 October 2023.

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