Introduction
In the context of the UAE's Value Added Tax (VAT) system, understanding who qualifies as a taxable person is essential for determining registration requirements, compliance obligations, and tax liability.
Let’s break down the concept of a taxable person under UAE VAT Law and what it means for businesses and individuals.
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1. Definition of a Taxable Person
According to Federal Decree-Law No. 8 of 2017 on VAT, a taxable person is:
“Any person conducting business in the UAE who is registered or required to register for VAT under the VAT Law.”
This includes individuals, companies, or entities that make taxable supplies or imports exceeding the prescribed threshold.
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2. Who Can Be a Taxable Person?
A taxable person can be:
• An individual (e.g., freelancers, sole proprietors)
• A legal entity (LLCs, partnerships, corporations)
• A government body (when conducting commercial activities)
• A group of companies (via VAT group registration)
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3. When Do You Become a Taxable Person?
You become a taxable person when:
• Your taxable supplies and imports exceed AED 375,000 in the past 12 months, or
• You expect to exceed that threshold in the next 30 days
You may voluntarily register as a taxable person if your turnover or expenses exceed AED 187,500.
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4. Responsibilities of a Taxable Person
Once registered as a taxable person, you must:
• Charge VAT on taxable supplies (standard rate is 5%)
• Issue VAT-compliant tax invoices
• File VAT returns monthly or quarterly
• Maintain proper records for 5 years
• Pay VAT collected to the FTA
• Display your TRN on all official documents
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5. Exceptions to Being a Taxable Person
You are not a taxable person if:
• You make only exempt supplies (e.g., certain financial services, residential rents)
• You fall below the mandatory threshold and don’t opt for voluntary registration
• You are a non-resident making no taxable supplies in the UAE (unless reverse charge applies)
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6. Why It Matters
Being classified as a taxable person means you’re under the FTA’s VAT framework. This has implications for:
• Compliance
• Cash flow management
• Accounting and audit readiness
Failure to register or comply can result in penalties, starting from AED 10,000 for non-registration.
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Conclusion
A taxable person under UAE VAT Law is anyone who meets the required turnover and engages in taxable business activities in the UAE. Whether you’re a startup, freelancer, or corporation, it’s crucial to understand your VAT obligations and register accordingly.
Need help assessing your status or applying for VAT registration? Get in touch with Sheikh Anwar Accounting and Auditing LLC for expert guidance.
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