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•  Attract foreign capital in security measures and      and the transfer is undertaken in accordance
            customs controls in place to monitor entry and        with the rules for Customs suspension per the
            exit of individuals and the movement of goods         GCC Common Customs Law.
            to and from the area.
                                                              •  Transfer of goods from Designated Zone
         Further, Free zones are identified explicitly by way     to  Mainland:  A movement of goods from a
        of Cabinet Decision as Designated Zone. Where Free        Designated Zone to the mainland is considered
        Zones are not a Designated Zone, it is treated like       an import of goods into the UAE and hence
        any other part of UAE.                                    Custom duty and VAT are applicable on such
                                                                  import.
         A designated Zones are areas considered by the
        UAE cabinet outside the scope of UAE VAT for certain
        limited cases. All transactions are not considered
        as VAT free (Outside the scope of VAT); Accordingly,
        business in Designated Zone may be required to
        register, account for VAT, file VAT returns and pay
        VAT as per law & regulation.

         VAT Provisions for Designated Zone Transactions

         VAT law & regulation provisions applicable to the
        business are complex in nature. Let us see some of
        the general rules
         •  Supply of services: Place of supply for service
            transactions are treated same as mainland
            transaction.

         •  Goods supplied within a Designated Zone:
            A  supply  of  goods  made  within  a  Designated
            Zone (i.e. where both the supplier and customer
            are in the Designated Zone) will generally be
            outside the scope of VAT provided the goods are
            not consumed within the Designated Zone.

         •  Import from Outside UAE: Goods that arrive
            into a designated free zone from outside the
            UAE are generally not treated as imported into
            the UAE. Therefore, no customs duty as well as
            VAT is charged on such arrival of the good.

         •  Transfer of goods from UAE mainland to
            Designated Zone: Supply or transfer of goods
            into a Designated Zone from a place in the
            UAE which is not a Designated Zone is not an
            export for UAE mainland for VAT purposes and
            therefore will not give rise to zero-rated VAT
            treatment.

         •  Transfer of goods between Designated
            Zones: It is treated as out of the scope of UAE
            VAT, as long as the goods are not released into
            circulation, used, or altered in any way during
            the transfer between the Designated Zones,        CA Sameer Kashikar


         Disclaimer:
         This article and/or write ups and/or any of its content shall not be treated as opinion and/or advice in any circumstances of the author(s) and/ or the Chapter. Reader’s to apply their best
        judgement in the best interest of their requirement and should seek a formal opinion on any issue.

         60   TAX JOURNAL 2020                The Institute of Chartered Accountants of India (Dubai) Chapter NPIO
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