VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a...

65
Audit | Tax | Advisory VALUE ADDED TAX (VAT) Hicham El-Moukammal CEO of Crowe Horwath Lebanon Dubai - UAE © April 2017 CHPA All Rights Reserved

Transcript of VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a...

Page 1: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Audit | Tax | Advisory

VALUE ADDED TAX (VAT)

Hicham El-Moukammal

CEO of Crowe Horwath – Lebanon

Dubai - UAE

© April 2017 CHPA – All Rights Reserved

Page 2: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

General Overview of VAT 3What is VAT

History of VAT

VAT in the Arab Countries

Advantage of VAT

VAT Exemption

Taxable Persons

How Does VAT work?

VAT Mechanism

Contents

2Value Added Tax

VAT Introduction and Implementation 17

Decide on VAT Policy Aspects

Prepare the VAT Legislation

Prepare for VAT Introduction

VAT Implementation

VAT Administration and Operation

VAT Guides and Manuals

VAT and Information Technology

How Businesses get ready for VAT 26

Impact Assessment

Planning and Design

Getting Ready

Post Implementation

VAT in GCC at a Glance 36Key Information

VAT Registration

The Registration Process

Declaration and Reporting

VAT Deduction and Refund

Due Date of VAT

Invoicing Requirements

Compliance and Enforcement of VAT

VAT Assessment and Penalties

VAT from Consumer Perspective

VAT Documents Samples 50

Page 3: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved 3Value Added Tax

Page 4: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

VAT is a form of indirect taxation.

It is a multi-stage tax collected at every stage.

It is levied on the value addition of most commercial activitiesinvolving the production and distribution of goods and theprovision of services.

It is a consumption tax because it is borne ultimately by the final consumer.

What is VAT

4Value Added Tax

VAT is collected by Businesses on behalfof the VAT authorities

VAT is charged as a percentage of price,which means that the actual tax burdenis visible at each stage in the productionand distribution chain.

Page 5: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

VAT was first introduced in France by the French economist, Maurice Laure, the joint director of the French tax authority;

Came into effect on April 10, 1954.

Now, more than 160 countries around the world use value-added taxation.

History of VAT

5Value Added Tax

Page 6: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Currently Eight Arab countries have a Value Added Tax or GeneralSales Tax (GST):

Lebanon (10%)

Jordan (16%)

Palestine (16%)

Egypt (Recently) (13%)

Algeria (17%)

Morocco (20%)

Tunisia (18%)

Yemen (05%)

VAT in the Arab Countries

6Value Added Tax

Page 7: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

VAT is an efficient way to raise funds for government programs.

Simple to administer as compared to other indirect taxes.

Transparent and has minimum burden to consumers as it is collected in small fragments at various stages of production and distribution.

Advantage of VAT

7Value Added Tax

Based on value added not on total price. So,price does not increases as a result of VAT.

Since it is on value added at each stage ofproduction and distribution. Therefore,double taxation is avoided.

Page 8: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

In principle, all sales of goods and services are liable to VAT. However,some supplies are exempted (without a credit for input tax), which meansthat such supplies fall entirely outside the scope of the VAT.

Businesses that only have such supplies cannot register for VAT, and arenot entitled to deduct VAT. (In Lebanon: education, basic food, medicalservices, financial services, real estate sector, NGOs….) are exempted.

VAT Exemptions

8Value Added Tax

Page 9: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

VAT Exemptions (cont’d)

9Value Added Tax

Exemption of exports and Non-Resident

VAT is not charged in respect of:

The supply of goods transported to a destination outside theterritory,

The supply of goods and services in the free zones according tothe conditions and restrictions determined by the customslegislation.

All merchandise are refundable for all non-residents.

Page 10: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

VAT registration falls into two categories: compulsory registration and voluntary registration.

Compulsory Registration:

When turnover of a business is equal to or exceeds a threshold determined by the Tax Authorities.

Voluntary Registration:

When turnover of a business is less than the threshold, in this case the company should submit a VAT registration request whatever its turnover.

VAT Registration

10Value Added Tax

Tax Authorities shall determine whether ornot the conditions for registration for VAT arefulfilled.

If the conditions for registration are met, thebusiness will be issued with a registrationnumber. If the conditions are not met,registration will be refused.

Page 11: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Any person, natural or juridical, who supplies taxable goods or servicesin the course of his business, and

Whose annual turnover is equal to or above a determined threshold. (Ex: In Lebanon the threshold is $100,000).

In VAT terms, “in business” means that, carrying on any continuing activity which is mainly concerned with making supplies to others in return for a consideration.

Taxable Persons

11Value Added Tax

Business includes:companies, partnerships or other corporate entities, self-employed persons carrying on any trade or profession, with the aim of earning an income.

Page 12: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

The terms "output tax" and "input tax" are key to the VAT system.

Output tax: is the VAT that is to be calculated and collected on the sale of goods and services.

Input tax: is the VAT that accrues on the purchase of taxable goods or services.

The VAT due at each stage of the supply chain amounts to the difference between output tax and input tax.

How does VAT work?

12Value Added Tax

VAT charged on Sales

VAT Paid on Purchases

VAT Dueor

Creditable- =

(Output Tax) (Input Tax)

Page 13: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Illustration:

Suppose a dealer makes purchases and sales as follows

Case 1 -

How does VAT work? (cont’d)

13Value Added Tax

Amount VAT 5%

Sale 60000 3000 (Output)

Purchase 40000 2000 (Input)

VAT Payable to VAT Authorities

Output (3000) – Input (2000) = 1000

Case 2 - Amount VAT 5%

Sale 60000 3000 (Output)

Purchase 100000 5000 (Input)

VAT Refundable from the VAT Authorities

Output (3000) – Input (5000) = (2000)

Source:

This case exists when the company’s VAT paid on purchases is greater than VAT collected on sales, or most of their sales were exports(0% VAT) during the declaration period.

Page 14: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

How does VAT work? (cont’d)

14Value Added Tax

Producer Manufacturer Distributor Retailer Consumer

Page 15: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

The most common method of VAT computation is Invoice-Basedcredit method.

A taxable person, at any stage of production/distribution chain,charges its customers the VAT on its output, submits the VAT tothe Tax Authorities, and then claims for VAT already paid on itsinput purchase.

This mechanism ensures that the tax is neutral regardless of howmany transactions are involved.

VAT Mechanism

15Value Added Tax

Page 16: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved 16Value Added Tax

Step 1

Farmer grows cotton and

sells to textile maker

Textile Maker makes fabric and sells to

clothes maker

Clothes maker sews a shirt and sells

to retailer

Clothing retailer prices

shirt for

Sale Price: $1.00 $5.00 $10.00 $20.00

VAT collected by seller $0.10 $0.50 $1.00 $2.00

Credit from previous stage -$0.00 -$0.10 -$0.50 -$1.00

Net VAT Collected $0.10 $0.40 $0.50 $1.00+ + + = $2.00

When the customer buys the shirt, the $2 VAT is added to the final sale price ($20), making the customer pay the full cost of the 10% VAT.

WHO PAYS

Source: The Heritage Foundation.

In this example,a 10% VATis applied to theproduction andsale of a shirt

Step 2 Step 3 Step 4

VAT Mechanism (cont’d)

Page 17: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved 17Value Added Tax

Page 18: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

VAT Administration and Operation

Decide on VAT Policy Aspects

Prepare the VAT Legislation

Prepare for VAT Introduction

VAT Implementation

VAT Introduction and

Implementation

Value Added Tax 18

Page 19: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

VAT Rate

Threshold for registration.

Exemptions and zero rates.

Who, What, Where, When (i.e. Taxable person,

Taxable Activity, place and time of supply).

Which body is going to administer the VAT?

How frequently should taxpayers file and pay?

Invoicing requirements

How will VAT refunds operate?

Audit and penalties schemes

Etc…

1- Decide on the VAT policy aspects:

19Value Added Tax

Page 20: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Commence drafting of the VAT law and review related Legislation. This

will require consultation with the relevant parties in the country.

Consider the impact of the VAT Act on existing legislation such as the

Customs Act and any other related legislating.

Produce regulations and implementation circulars

2- Prepare the VAT Legislation:

20Value Added Tax

Page 21: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Establish the VAT introduction team.

Prepare the introduction budget and get it approved.

Develop and deliver staff training and taxpayer education.

Setting up publicity programs.

Develop and put in place registration procedures.

Develop taxpayer assistance procedures

(Explanatory materials and Guides).

Develop filing and payment procedures.

Develop audit procedures.

Develop and test the IT systems.

Etc…

3- Prepare for VAT Introduction

21Value Added Tax

Page 22: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Set up a strong central organization, which would be responsible for:

Monitoring and reporting on performance of VAT process through the

year.

Designing and maintaining standardized processes and policies; and

Providing advice and guidance to operational units.

Design and maintain the IT system

Set up a VAT service unit for field operations responsible for:

Audit and investigations.

Registration and taxpayer services,

including returns and payments processing.

Collections and enforcement.

4. VAT Implementation

22Value Added Tax

Page 23: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Review VAT operations.

Correct errors in design and implementation (Interview with taxpayers

could help detect weaknesses in the system).

Put in place the system for enforcement of filing, payment requirements

and penalties schemes.

Put in place the audit program.

Review and complete TINs to be used by tax departments and customs.

Commence registration of enterprises.

Etc..

5- VAT Administration and Operation

23Value Added Tax

Page 24: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Guide to completing the VAT return

Invoicing and bookkeeping requirements.

The credit mechanism.

How to maintain proper books of account.

Instructions for completing the different sections of the VAT return form.

The filing and paying of the tax due.

The penalty provision

Etc..

VAT general information:

What is VAT

Which tax rates will be applied,

Which products will be exempted,

Who will pay the tax,

Etc…

24Value Added Tax

VAT Information Guides and Manuals

Guide to registration:

Objective of registration,

Who is subject to registration,

How and when to apply for registration.

How to complete the registration forms,

Etc…

Page 25: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Information Technology enables the automation of the VAT administration process to meet operational and strategic needs, such as:

Processing of registration;

Issuing taxpayer identification numbers (TIN);

Filings;

Validating and processing returns and payments received through different channels;

Maintaining the taxpayer's accounts;

VAT and Information Technology

25Value Added Tax

Providing tools to identify and pursue fraudulent taxpayers;

Providing administration staff with access to taxpayer information to enable a better level of service to taxpayers;

Etc…V A T

Page 26: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved 26Value Added Tax

Page 27: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

How businesses get ready for VAT

27Value Added Tax

VAT is not simply a tax issue - it is a business issue.

A transition from a tax-free environment to a tax environment, involve multiple measures to get business ready for VAT implementation:

Four steps to smooth implementation and full compliance

Impact

AssessmentPlanning

and Design

Getting

ReadyOperation

Page 28: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Impact Assessment

28Value Added Tax

Identify the effect on profits, costing, cash flow, budgeting and forecast.

Test and revise accounting systems from a VAT perspective

Businesses need to ensure compliance from various perspective: financial,operational, legal, administrative, and IT resources.

Analyze the company’s financial structure andbusiness strategies in order to evaluate whether theyare ready for VAT, and identify the gaps.

Analyze operational models, marketing,procurement and sales processes andpricing policies.

Page 29: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Impact Assessment

29Value Added Tax

Review all legal agreements/ contracts related to supplies of goods and services, and make sure that appropriate clauses dealing with VAT are included, and identify critical issues.

Review the staff profiles and examine theircapabilities, knowledge and experience inrelation to VAT, and consider outsourcing,training, and ‘train-the trainer’ workshops.

Assess the capabilities of existing IT system

Page 30: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Planning and Design

30Value Added Tax

Based on the impact assessment, businesses need to develop a road map for identifying the changes required and to prepare a project plan and secure the necessary internal and external resources.

Set up a VAT implementation team to ensurethat each department within the organization is prepared for VAT.

Revise Enterprise Resource Planning(ERP) systems and ensure that changes are made to reflect all relevant VAT processes

Page 31: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Planning and Design

31Value Added Tax

Ensure that the relevant books and records are maintained either on paper or electronically, and that they are accurate, complete and readable.

Customise IT software to be able to calculate VAT as per regulation, taking into consideration the taxable and non-taxable products or services.

Understand VAT obligations and get informed of detailed VAT processes, attend seminars, keep up to date with VAT announcements in the news and on government website, circulars, brochures, manuals..

Get professional help for right ways to implement systems;

Page 32: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Getting Ready

32Value Added Tax

Determine if your business is making the annual gross taxable

threshold.

Separate goods and services which are going to be taxed at the

standard rate from those which will be taxed at zero rated, or

exempted.

Implement accounting process as per the International Accounting

Standards which help in efficient and effective calculation of VAT.

Update the Chart of Accounts (set by the government) including

creating the appropriate VAT codes for the use of the correct

calculation and reporting of VAT.

Start analysing your current inventory, and re-pricing.

Document and maintain business records that will

allow responsible authorities to verify the data and

information with respect to the VAT processes.

Page 33: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Getting Ready

33Value Added Tax

Update contracts/agreements to clearly state whether prices are “inclusive” or exclusive of VAT

Know the basic requirements needed for a tax invoice or receipt; and update templates accordingly.

Work with IT providers to restructure IT infrastructure and recheck with software supplier if the existing system would be able to handle the VAT complexities, otherwise upgrade the system.

Define clearly the staff roles and responsibilities and risk management strategy.

Implement a well-equipped learning and development environment to keep staff up to date with the latest development.

Talk to customers/clients to be aware of new

tax implications.

Page 34: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Post Implementation

• Register for VAT.

• Get Identification Number.

• Get Registration Certificate.

• Charge VAT on sales.

• Pay VAT on local purchases of goods and services from other registered business.

• Deduct VAT paid from VAT collected and remit the difference to Government.

• Claim VAT refund.

• Keep records of all purchases and all sales.

• Required to issue sales receipts and tax invoices.

• Submit VAT returns at scheduled intervals.

• Etc..

1/1/2018VAT GoesLive

Value Added Tax 34

Page 35: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Key Focus for Successful VAT Compliance

35

• Education & Training• Staffing for upcoming VAT• Communication Plan• Outsourcing

• Mapping of processes and Transaction

• Managing Cashflows and Supply chain

• Changes ERP to reflect all relevant VAT processes

• Analysis of suppliers and customers

• Pricing and invoicing Analysis

• Legal issues (contracts and agreements)

• Budgeting and forecast

• Etc…

• Hardware and systems requirements.

• IT system configuration and modification

• Accounting System

• Tax Management System

• Tracking and monitoring software

• Etc...

Process

People

IT

VAT

Value Added Tax

Page 36: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved 36Value Added Tax

In GCC at a Glance

Page 37: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

UAE, along other GCC countries Bahrain, Kuwait, Oman, Qatar and Saudi

Arabia, agreed to simultaneously introduce VAT starting January 1, 2018

through the signing of a VAT Framework Treaty.

The framework will form the basis for the national legislation which will

be introduced in each GCC country

5% standard VAT rate will be levied on most goods and services.

In UAE, The Federal VAT Law and the VAT Executive Regulations are

currently in the process of being approved. It is expected that they will be

enacted in the first half of this year.

Key Information

37Value Added Tax

January

1st

2018

Bahrain, Kuwait,

Oman, Qatar, Saudi Arabia,

UAE

VAT in GCC

Page 38: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

The Ministry of Finance in UAE, during a VAT Briefing Session held on March 2017 revealed the following information:

Not all businesses will need to register for VAT, only business companies

that provide taxable goods or services with annual turnover of more

than AED 375,000 will be obliged to register under a Value Added Tax

(VAT) system.

Key Information

38Value Added Tax

Businesses whose turnover range between

AED 187,500 and AED 375,000 will have an

option to either register under the system

or not during the first phase of rolling out

the system.

Companies whose turnover is below AED

187,500 cannot register for VAT.

Page 39: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

A Zero - Rated supply - is a taxable supply on which tax is charged at 0% and businesses claims VAT paid on input at each stage of supply chain.

Zero Rate VAT is expected to be charged on the following supplies:

Healthcare services, medicines, medical equipment;

Education services;

First sale of newly constructed residential properties;

Exports of goods and services to outside the GCC;

International transportation, and related supplies;

Certain investment in precious metals;

The above information are yet to be fully agreed upon, approved and to be mandated by the Federal VAT Law and VAT Regulations

Key Information – Zero Rated Supplies

39Value Added Tax

Page 40: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

An exempt supply is a supply on which tax is not charged and for which the related input tax is not deductible

Exempt supplies are expected to include the following:

Some financial services (specified by the VAT Executive Regulations);

Life Insurance;

Residential properties;

Supplies of bare land

Supplies of local transport, such as taxis, buses, trains, etc.

Local passenger transport.

...

The above information are yet to be fully agreed upon, approved and to be mandated by the Federal VAT Law and VAT Regulations

Key Information- Exempt Supply

40Value Added Tax

Page 41: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

VAT Registration

41Value Added Tax

Are you carrying a business

Taxable Supplies

Taxable turnover above AED375,000

Mandatory Registration

NO

NO

YES

NO

No RegistrationRequired`

Taxable turnover AED 187,500 - 375,000

Voluntary Registration

YES

Special rules will be issued by the Government to cover various situations regarding VAT Registration. Examples: Non-resident businesses, Group Registration, action taken before the introduction of VAT.. Etc.

Cannot Register

NO

Page 42: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Registration for VAT is expected to be made available to businesses that meet the requirements criteria towards the end of the 3rd quarter 2017. (Government

will provide businesses with guidance on how to fully comply with VAT once the legislation is issued).

Businesses will be able to register online using eServices.

To register, an application form should be filled (online) and submitted.

Once all requirements are met, approval must be granted by the VAT Authorities within a specific period (In Lebanon 21 days).

The taxable person will be granted:

A Tax Identification Number (TIN). An official VAT registration Certificate which includes:

Businesses not registered for VAT cannot charge VAT on their sales and cannot claim any VAT incurred on their inputs.

The Registration Process

42Value Added Tax

TIN Number, Name, Trading name of business,

Location and Effective date of the

registration

Page 43: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Registered persons are obliged to submit VAT returns (Declarations) and to pay VAT with reference to prescribed accounting period (most probably three months period in UAE). (Ex: in Lebanon VAT returns are submitted on Quarterly basis).

The VAT return will breakdown the total taxable supplies and purchases along with the total input and output VAT and the NET figure that should be paid or reclaimed from VAT authority.

Declaration and Reporting

43Value Added Tax

Deadlines for the submission of VAT returns are determined by VAT Authorities according to prescribed accounting periods, (Ex: In Lebanon it is before the 20th of the month that follows a Quarter).

Filing and payments will all be conducted electronically.

The calculation, filing, and payment shall be done in local currency.

There would be penalties for failure to submit on time, pay ontime, or for errors made in the calculations (to be determined).

VAT related documentation, including invoices, shall be retained for at least 5 years.

Page 44: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

One of the features of the VAT is the possibility that a taxpayer's payments of VAT on purchases (INPUTS - i.e., credits) may exceed the VAT collected on sales (OUTPUTS -i.e., debits) at the end of a particular accounting period.

The taxable person has the right to claim a refund for the excess of the input deductible tax covering the period.

There are two alternative methods for handling excess VAT credit balances: they may either be:

Refunded, or Carried forward to the next accounting period.

Only registered taxpayers can reclaim VAT on purchases providing: The expense is incurred for business purposes. There is a valid VAT invoice for the purchase.

Inputs can be reclaimed when they relate to standard rated supplies or zero-rated.

Inputs cannot be reclaimed when they are related to exempt supplies.

VAT Deduction and Refund

44Value Added Tax

The Government will issue further guidance in due course regarding the period within which businesses will be able to refund their input tax and regarding specific refund schemes in special cases.

Page 45: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Due Date of VAT

45Value Added Tax

VAT returns must be filed and VAT paid within a (Month) following the quarter, in which the FIRST of the following occurs:

An invoice is issued.

Payment is received (in whole or in part) for goods or services.

Goods are delivered or made available to a recipient.

Completion of performance of services.

Page 46: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Invoices are a critical component of VAT system. So, all precautions should be taken to ensure that they are adequately used.

Issued by the taxable person who make taxable goods or services for the purpose of business.

Serves as an evidence to support a customer’s claim for deduction of input tax. The suppliers must keep a copy and recipient keep the original.

Shall issue within 14 days after supply has taken place.

Usually, invoice information should include:

46Value Added Tax

Invoicing Requirements

The Sequential Number

The name, address, and TIN of the supplier.

The name, address and TIN of the purchaser.

The unit price, exclusive of VAT

The date the invoice is issued;

A description of the goods

Any discounts or price reductions

The price exclusive of VAT for each rate (including zero rate) of VAT

VAT Payable

Total Payable including VAT

Page 47: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Compliant Registrant

• Keeps Proper Accounting Records.• Files on Time.• Files Accurately.• Pays on Time.• Display VAT certificate.• Issues receipts showing VAT charged.• Quotes VAT exclusive prices.

47Value Added Tax

Compliance and Enforcement of VAT

The Non-compliant Registrant

• Does not keep proper records.

• Late/No filing.

• Late/No payment.

• Does not display certificate.

• Does not issue receipts showing VAT charged.

• Does not quote VAT exclusive prices.

Non Registrant

• Meets threshold but did not apply for registration.

• Submits false information to remain under threshold.

• Illegally charges the consumer VAT

• Issue receipts showing VAT.

Page 48: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

The tax authority can undertake the direct assessment of the tax in the following cases:

1. If the taxable person does not submit the periodical tax return within the determined deadlines.

2. If the taxable person does not issue an invoice, or in case he issues an invoice containing incorrect information.

3. If the taxable person submitted an incorrect periodical tax return that does not reflect his real economic activity in the purpose of evading from the payment of the tax or getting an undue refund of the tax.

VAT Assessment and Penalties

48Value Added Tax

Any non-compliance either through negligence, ignorance or fraud, may carry penalties of severe fines, restriction of business operations and other sanctions that would be decided by the GCC Governments and would be specified in the regulations.

(in case of Fraud, penalties of up to 500% may be applied on top of the primary VAT owing.)

Page 49: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

Effects of VAT on consumers:

Being one of the lowest rates compared to other countries 5% would not be a burden to consumer.

Some minimum effects on lifestyle, due to expected price increases, which according to experts would not be significant.

What Consumer needs to know?

The Consumer should be aware of the following:

Supplier is a VAT registrant or not.

VAT Registration Certificate is visible.

Prices displayed show VAT exclusive amounts.

MUST receive sales receipt when purchases are made from VAT Registrants.

Know which goods/services are VAT exempt and which ones are taxable.

Etc…

VAT from Consumer Perspective:

49Value Added Tax

Page 50: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved 50Value Added Tax

Page 51: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved

• VAT Application Form - used when applying for VAT Registration.

• VAT Return (Declaration) Form - used to report VAT payable or Excess Credit Due at the end of the Tax Period.

• VAT Refund Form - used when taxpayer is applying for a refund of VAT.

• Notice of Assessment or Reassessment - Issued by Tax Office to confirm information submitted on a VAT Return or to raise an assessment on Taxpayer where there was a failure to file a Return or to raise an additional assessment after an Audit

• VAT Invoice - used by registered businesses when supplying goods or services to another registered business.

• Sales Receipt - used a registered business when supplying goods and services to a non-registrant or a registrant.

• VAT Credit/Debit Note - used to record revised Input/Output VAT amount based on post-supply adjustment.

• Contracts, quotations, proposals… should clearly state whether the price is “inclusive” or “exclusive” of VAT.

VAT Main Types of VAT Documents

51Value Added Tax

Page 52: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

© April 2017 CHPA – All Rights Reserved Value Added Tax 52

Page 53: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

© April 2017 CHPA – All Rights Reserved Value Added Tax 53

Page 54: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

© April 2017 CHPA – All Rights Reserved Value Added Tax 54

Page 55: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

© April 2017 CHPA – All Rights Reserved Value Added Tax 55

Page 56: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

© April 2017 CHPA – All Rights Reserved Value Added Tax 56

Page 57: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

© April 2017 CHPA – All Rights Reserved Value Added Tax 57

Page 58: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

© April 2017 CHPA – All Rights Reserved Value Added Tax

xxxxxxxx

58

Page 59: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

© April 2017 CHPA – All Rights Reserved Value Added Tax

Regular invoice Cash Business invoice

59

Page 60: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

© April 2017 CHPA – All Rights Reserved Value Added Tax 60

Page 61: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

© April 2017 CHPA – All Rights Reserved 61Value Added Tax

Page 62: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

© April 2017 CHPA – All Rights Reserved Value Added Tax

140/1قرار رقم

11/2/2014تاريخ

2إضافة حسابات تتعلق بالضريبة على القيمة المضافة الى الملحق رقم

(الئحة الحسابات-التصميم المحاسبي العام للمؤسسات )

مة وتعديالته المتعلق بإضافة حسابات تتعلق بالضريبة على القي29/8/2012تاريخ 788/1يلغى نص القرار رقم :المادة األولى

تاريخ 111/1لقرار وزير المالية رقم ( الئحة الحسابات-التصميم المحاسبي العام للمؤسسات )2رقم المضافة إلى الملحق

:ويستبدل بما يلي، (أصول تطبيق التصميم المحاسبي العام)وتعديالته 22/2/1982

تاريخ 111/1لقرار وزير المالية رقم 2من الملحق رقم ( الئحة الحسابات)تضاف الحسابات التالية إلى القسم األول :المادة الثانية

:وتعديالته22/2/1982

المضافةالقيمةعلىالضريبة-العامةوالمؤسساتالدولة442

المدفوعةالمضافةالقيمةعلىالضريبة4421

لحسماحقتتيحلعملياتفقطالمستعملةالمشترياتعلىالمدفوعةالمضافةالقيمةعلىالضريبة44210

إلسترداداحقتتيحلعملياتفقطالمستعملةالمشترياتعلىالمدفوعةالمضافةالقيمةعلىالضريبة44211

استعمالهاوجهةتحديديمكنالالتيالمشترياتعلىالمدفوعةالمضافةالقيمةعلىالضريبة44212

الحسمحقتتيحياتلعملفقطالمستعملةالثابتةاألصولمشترياتعلىالمدفوعةالمضافةالقيمةعلىالضريبة44213

اإلستردادحقتتيحلعملياتفقطالمستعملةالثابتةاألصولمشترياتعلىالمدفوعةالمضافةالقيمةعلىالضريبة44214

الهاإستعموجهةتحديديمكنالالتيالثابتةاألصولعلىالمدفوعةالمضافةالقيمةعلىالضريبة44215

مالحسحقتتيحلعملياتفقطالمستعملةاألعباءعلىالمدفوعةالمضافةالقيمةعلىالضريبة44216

رداداإلستحقتتيحلعملياتفقطالمستعملةاألعباءعلىالمدفوعةالمضافةالقيمةعلىالضريبة44217

62

Page 63: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

© April 2017 CHPA – All Rights Reserved Value Added Tax

(59مادة)لإلستردادالقابلةالمضافةالقيمةعلىالضريبة4422

المشترياتعلى(59مادة)لإلستردادالقابلةالمضافةالقيمةعلىالضريبة44221

المشترياتعلى(59مادة)الجزئيلإلستردادالقابلةالمضافةالقيمةعلىالضريبة44222

الثابتةاألصولمشتريات(59مادة)لإلستردادالقابلةالمضافةالقيمةعلىالضريبة44223

الثابتةاألصولمشتريات(59مادة)الجزئيلإلستردادالقابلةالمضافةالقيمةعلىالضريبة44224

المضافةالقيمةعلىالضريبةرصيد4425

للدفعالمستحقةالمضافةالقيمةعلىالضريبة44251

لإلستردادالقابلةالمدّورةالمضافةالقيمةعلىالضريبة44252

للحسمالقابلةالمضافةالقيمةعلىالضريبة4426

المشترياتعلىللحسمالقابلةالمضافةالقيمةعلىالضريبة44261

المشترياتعلىالجزئيللحسمالقابلةالمضافةالقيمةعلىالضريبة44262

الثابتةاألصولمشترياتعلىللحسمالقابلةالمضافةالقيمةعلىالضريبة44263

تةالثاباألصولمشترياتعلىالجزئيللحسمالقابلةالمضافةالقيمةعلىالضريبة44264

63

Page 64: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

© April 2017 CHPA – All Rights Reserved Value Added Tax

المحصلةالمضافةالقيمةعلىالضريبة4427

األموالتسليمعملياتعلىالمحصلةالمضافةالقيمةعلىالضريبة44270

الخدماتتقديمعملياتعلىالمحصلةالمضافةالقيمةعلىالضريبة44271

قديةالناألسسعلىاألموالتسليمعملياتعلىالمحصلةالمضافةالقيمةعلىالضريبة44272

قديةالناألسسعلىالخدماتتقديمعملياتعلىالمحصلةالمضافةالقيمةعلىالضريبة44273

للتسويةالقابلةالمضافةالقيمةعلىالضريبة4428

المدينةللتسويةالقابلةالمضافةالقيمةعلىالضريبة44281

السلفاتعلىالمدينةللتسويةالقابلةالمضافةالقيمةعلىالضريبة-442811

األخرىالحساباتعلىالمدينةللتسويةالقابلةالمضافةالقيمةعلىالضريبة-442811

الدائنةللتسويةالقابلةالمضافةالقيمةعلىالضريبة44282

السلفاتعلىالدائنةللتسويةالقابلةالمضافةالقيمةعلىالضريبة-442821

استردادهاالمطلوبالمضافةالقيمةعلىالضريبة4429

فصلياسترداد-استردادهاالمطلوبالمضافةالقيمةعلىالضريبة44291

سنوينصفاسترداد-استردادهاالمطلوبالمضافةالقيمةعلىالضريبة44292

سنوياسترداد-استردادهاالمطلوبالمضافةالقيمةعلىالضريبة44293

59مادة-استردادهاالمطلوبالمضافةالقيمةعلىالضريبة44294

64

Page 65: VALUE ADDED TAX (VAT) - professionalauditors.com€¦ · Currently Eight Arab countries have a Value Added Tax or General Sales Tax (GST): Lebanon (10%) Jordan (16%) Palestine (16%)

Crowe Horwath Professional Auditors

© April 2017 CHPA – All Rights Reserved Value Added Tax

Questions

65