e-Guarantee Cancellation in FTA portal (A Complete Guide)

cancel e-guarantee

The situation of UAE import where an e-guarantee is necessary, are the situations in which the importer is not reliable on the import and if the conditions are not satisfied then the e-guarantee helps as financial security for payment of the VAT due. The submitted e-guarantee earlier will be cancelled if the conditions for cancellation of import VAT are satisfied.

Easy Steps to Cancel e-Guarantee in FTA portal in UAE

Given below is the step by step process to cancel a submitted e-guarantee in the FTA portal

1. Login to FTA portal
2. Click on the ‘VAT’ tab.

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3. Click ‘VAT 701- E-Guarantee Cancellation form’.

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4. Fill up the e-guarantee cancellation form and give all the required information, including the import declaration number, import declaration date and the e-guarantee number.
5. After the filling of form, click on ‘Submit’ button.6. After the submission of the form, a confirmation message will pop-up on the screen, saying that the request is successful and you will also receive a confirmation email on the given email ID.

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Read Also: How to Avoid Penalties Under VAT in UAE?

For the import in UAE, the non-registrants who import goods in definite specified situations must submit an e-guarantee. After the customs clear the goods and the conditions for cancellation of import VAT are satisfied then the e-guarantee which was submitted earlier can be cancelled by the process which is given above.

e-Guarantee for VAT in UAE [A Complete Guide]

Here we will discuss all the angles through which the unregistered entity is eligible to pay Value Added Tax on the imports via an e-guarantee while having a look on the process and steps to submit e-guarantee on FTA portal:

Context for VAT Payment via e-Guarantee

  1. Shifting of goods from one VAT designated zone to another
  2. Under customs duty suspension, import of goods into UAE. Customs duty suspension is appropriate for fixed identified goods on which the importers have to pay customs duty at a reduced rate or zero customs duty.

Process for VAT Payment on Import

Given below are the processes by which an unregistered person as to pay VAT in UAE in all these cases-

A. Customs Declaration

In the personal Customs portal, the importers must prepare and propose the customs declaration and do the following-

1. Give all the important details about all the goods being imported
2. For processing, submit customs declaration by Customs

After the approval of declaration, it moves to ‘Pending tax payment’ status.

Note: After the Customs declaration is sent to the FTA then there will be no further editing in the form will be done by the customs system. The status of declaration form can be only changed to either ‘Declined’ or ‘Approved’.

B. Obtain e-guarantee (Financial security)

From their bank, the importers must obtain an e-guarantee. The process for this is-

  • From the bank, get an e-guarantee form for a value equal to the value of VAT due
  • For the e-guarantee, get the reference number

C. On FTA portal, create an e-Services account

The person who is not registered must create an e-Services account on the FTA portal to pay VAT on import. The sign-up process is given below-

  • By entering your email id and a unique password, sign-up as a new user
  • At the registered email ID, you will receive a mail to verify your email ID
  • Your e-Service account will be created after you verify the email ID and you can log in to the FTA e-Service portal

D. Login to the FTA portal and complete the VAT import declaration form

The importer must submit the e-guarantee number which was obtained from the bank after the importer login the FTA e-Services portal. for VAT payment, this e-guarantee number must be submitted in the Form VAT 301- Import declaration form. The customs clearance process can be completed after the submission of e-guarantee number is processes.

The process of VAT Payment on import by registered entities is different from the process for unregistered entities. In a few cases, the unregistered importer has to get an e-guarantee from the bank and submit the same in the FTA e-Services portal.

Steps to submit e-guarantee in FTA portal in UAE

The steps for submission of e-guarantee number in the FTA e-Services portal is explained below-

1. Login to FTA e-Services portal
2. As shown below, click on the ‘VAT’ tab

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3. Click ‘VAT 301- Import declaration form for VAT Payment’

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4. After filling the Customs Authority, Declaration Number and Declaration Date, click Next

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5. The screen ‘About Declaration’ will open and the declaration details (Import date, destination, etc.) will be auto-filled. Click Next
6. The screen ‘Declaration Details’ will open and the declaration details [e.g. HS (Harmonised System) Code, Import Value, Customs Duty, CIF (Cost, Insurance and Freight) value, etc.] will auto-filled. Click Next
7. As the scenario of import requires an e-guarantee, the VAT Payment screen will verify the e-guarantee number to proceed. Fill in the e-guarantee number and click ‘Verify e-guarantee’ button

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8. After the submission of the e-Guarantee is processed successfully, then a confirmation message will appear on the screen giving the transaction ID and the amount. Further, an email confirmation will be received that the e-Guarantee has been successfully submitted. After this, the customs clearance process can be completed.

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The FTA made the simple process for submitting an e-guarantee in the FTA portal. The above process must be followed by the entities who have to pay VAT on imports via an e-guarantee in the mentioned scenario.

Know All About Input Credit and Tax Payments Under VAT UAE

input-credit-under-vat-uae

VAT UAE is considered as a general consumption or final consumer tax which is imposed on most of the transactions of goods and services until any particular commodity is exempted by the law.

As per the above line, VAT is levied at every stage of ‘Value Addition’ in the supply chain and the mechanism of Input Tax Deduction guarantees that the companies act as a tax collector or tax agents of the government, who collects the tax from the final consumers, account and pay the tax. Finally, the tax is paid by the final consumer.

As the paid tax on inward supply of goods and services is given as input credit to the tax liable person to ensure the tax component is only a value addition.

Important points for consideration:

1. Payable Tax: Tax which is due for payment to the Authority.
i.e. Payable Tax = Output Tax – Recoverable Tax

2. Output Tax: Tax which is charged on a Taxable Supply and any supply which is considered as Taxable Supply is Output Tax.

3. Input Tax: Tax or due paid by a person when Goods or Services are supplied to him, or when conducting an Import.

4. Recoverable Tax: The paid-up amount which has been returned by the tax authority to the taxpayer according to the provisions of Decree-law in accordance with some conditions.

It has been understood that what Output Tax is. Now, the question arises that does the law permits the registered person to change or update the Output Tax that was once charged on Tax Invoice?

Read Also: VAT Invoices UAE – Tax Credit Note Explained Conditions, Eligibility

The answer to this question is- Yes. Article (61) of Decree-Law gives the example/ scenarios where an adjustment of Output can be done. Given below are the illustrations in which the registered person can make an adjustment to the Output Tax on supply after the date of supply:

a. If the supply was cancelled.
b. If the Tax treatment of the supply changes due to the change in the nature of supply.
c. If the formerly agreed consideration for the supply was changed for any reason.
d. If the Recipient of Goods or Services returned them to the Registrant fully or in part and the consideration was returned fully or in part.
e. If the tax was levied in any mistake.

If any of the events which are stated above occurs then the output VAT formerly computed requires an adjustment. The adjustment of Tax can result in a decrease or increase in output VAT.

Given below are the conditions for adjusting the output tax amount which is charged in the invoice

If any of the conditions which are given below are met then only the supplier will be permitted to adjust the output VAT on the occurrence of any of the events discussed above:

a. If the Output Tax charged in the Tax invoice does not match the Actual Tax then that must be charged due to any of the examples listed above; or
b. If a tax return has been submitted by the registered person of the particular tax period of the supply duration and the calculated amount is assumed as output tax.

Read Also: 17 Most Important VAT Guidelines For Businesses

Process for Adjusting the Output Tax

a. If in case, actual tax due is more than the formerly imposed, then when such increase is identified, a new tax invoice for the extra amount must be issued during the period. This will be applicable in all the situation which will maximize the output VAT like a change in tax treatment (exempt to taxable), escalation of price (an upward revision of price), error in charging tax in the invoice etc.

b. If in case, the actual tax due is less than what was formerly imposed, then for the differential amount, a tax credit note should be issued which will minimize the output tax of the supplier and input tax of the recipient. For instance: cancellation of supply, the return of goods, etc.

Process for adjusting the output tax in the case on Bad debts

Given below are the condition by which the supplier can make an adjustment of output tax in case of bad debts:

A. Conditions for Supplier:

If the conditions which are given below are satisfied then the registered supplier can minimize the Output Tax in a present Tax Period to adjust the Output tax paid for any formerly Tax Period:

a. Goods and Services has been supplied and the Due Tax has been charged and paid;
b. To write off in full or part as a bad debt the consideration for supply in the supplier account
c. If more than six months have passed from the date of the supply; and
d. The supplier has informed the Recipient of Goods and Services of the amount of Consideration that has already been written.

B. Conditions for Recipient:

The registered Recipient of Goods and Services must minimize the Input Tax for the present Tax Period being claimed during any formerly Tax Period where the Consideration has not been paid and where all the following conditions are met:

a. As mentioned above, the registered supplier has minimized the Output Tax and the Recipient has received an information from the supplier about the amount of Consideration which has been written;
b. The Goods and Services were received by the Recipient and the applicable Input Tax was deducted; and
c. For more than six months, the Consideration was not paid fully or in part.

The amount of reduction by the recipient and supplier must be equal to the Tax on the Consideration which has been written.

Read Also: VAT Penalties: How to Avoid Penalties Under VAT in UAE?

Input Tax

Input Tax is defined as the tax which is paid by the registered person while purchasing Goods or Services and also on the expenses of a business. The tax might be paid by the registrant either to its supplier on goods or services supplied to it or may be paid by it under reverse charge mechanism. But, it is important to note that the only payment of tax on inward supply does not result in such tax which is in nature of the recoverable tax and the test of recoverability of input tax has been stated under Article (54) of Decree Law.

How can a person claim Input Tax for goods which is obtained in another GCC

When Goods are obtained in another GCC and then shifted into the UAE by the same person, then he can claim credit of tax paid in that country, subject to the conditions which are mentioned in the executive regulations.

Conditions which are to be satisfied are:

The VAT paid on while buying the goods and services which are used for business cause and for few conditions can be recovered by a registered business. The conditions which must be satisfied are-

A. Must Be Used To Make Taxable Supplies

Taxable supplies are the supplies on which the tax is likely to be paid (i.e. supplies made at zero-rated supplies or 5%). Only on the inputs which are used to make taxable supplies can be allowed to claim the Input VAT recovery and not the exempt supplies.

B. Recipient Gets And Keeps The Tax Invoice

The recipient who is claiming the input tax recovery on a supply must confirm that they receive the Tax Invoice involved to the supply and must be kept in the records. The Tax Invoice must show all the details of the supply which is associated with the input tax recovery which is to be claimed.

C. Recipient Pays The Remuneration For The Supply

The receiver who claims input tax recovery must pay or plan to make the payment of remuneration for the supply within a half year (6 months) after the date of supply which has been agreed for the supply.

So, the supply for input tax recovery is a very important component of VAT in UAE. Businesses must confirm the identity supplies correctly on which input tax can be retrieved, confirm that they can satisfy the conditions for claiming the input VAT recovery and also claiming it on time. This will help in the business by confirming the perfect cash flow and working capital. All the works can be made simple by using the VAT software which will automatically perform all these tasks w.r.t. ITC which will give enough time for you to focus on your business.

Moreover, no credit is present for tax paid on goods which enter the UAE for the purpose of transit to another GCC country stated in Clause (2) of Article (48) of the Decree Law. In such cases, the credit will be made available in the GCC country where the goods are finally destined.

Non-Recoverable Blocked/Input Tax Credits

Input Tax must be not available (non-recoverable) if it is suffered by a Person in respect of the following Taxable Supplies:

  1. The person is not considered as a Government Entity as specified in a Cabinet Decision in accordance with Article (10) and (57) of the Decree-Law and a provision of entertainment services not employed by the Person, including customers, potential customers, officials, or shareholder or other owners or investors
  2. Where a motor vehicle was bought, leased or rented for the purpose of Business and is now used personally by any Person.
  3. Where Goods or Services were bought by the employees for no charge to them and for their personal benefit which includes the provision of entertainment services, excluding the following cases:

a. Where it is a lawful duty to give those Goods or Services to those employees who are under any relevant labor law in the State or Designated Zone.

b. It is a contractual duty or documented policy.

c. Where the provision of goods or services is a deemed supply under the provision of the Decree-Law.

Adjustment of ITC towards Output tax payable

The recoverable input tax can be claimed as input credit, once it is available fulfilling the following conditions stated in Article (55) of Decree-Law:

a. The tax invoice or other duty paying document (in the case of imports) has been received and kept in the records; and
b. Consideration for the supply has been paid fully or in part.

Read Alos: FTA Approves VAT Refund Scheme for Tourists in UAE

Recovery of input tax paid before registration

The taxable person can request a credit of input tax paid after tax registration, in the first return which was submitted post registration. Such claims can be made on:

a. Supply of Goods or Services made to him after registration.
b. Import of goods by him after registration.

It is important to note that for recovery of such input tax paid before the registration of the taxable person one must conform to file return for the first tax period post registration carefully surveying all the exceptions as discussed below and use of such inward supplies. Post-filing of first tax period such recoverable tax credits could not be taken.

Below are the cases in which input credit cannot be claimed in relation to goods or services obtained before registration:

a. Receipt of goods or services for the purpose of making non-taxable supplies. It is important to note that zero-rated supplies are taxable supplies.
b. Tax credit related to part of capital assets devalued prior to the date of tax registration. If part of the asset is devalued then Input tax cannot be recovered on such assets to the extent such assets are devalued.
c. Services received more than five years before the date of tax registration.
d. Where the goods were shifted to another GCC implementing country prior to tax registration.

Procedure and due date for Payment of Payable Tax

A taxable person must file the tax returns as per the compliance while the tax authority must receive the tax returns not later than the 28th day following the end of the Tax Period concerned or other dates as directed by the Authority.

The Authorities has given three different ways of payment of the payable tax

a. e-Dirham Card: It is a prepaid card that is an integral part of an electronic payment system in the United Arab Emirates (UAE), especially in terms of payment for government service fees.
b. GIBAN: it is a unique IBAN number which is given to all taxable person by Authority and fund transfer can be made from certain UAE financial institutions.

Recommendation: The Process of Making VAT Payments in UAE using GIBAN
c. Credit Cards

Article (22) of Tax Procedures

Within twenty business days of an application being submitted, the authority must review the application and inform said Taxpayer of rejecting or accepting the refund claim. And if the Authority has a reasonable reason for requiring a longer period than twenty business days so to consider his application, he must inform the applicable taxpayer.

Where the Authority has given the permission of refund application, then within five business days of the approval it must:

a. Either make the proper payment to the Person
b. Information of authority offsetting the amount requested for refund against other payable administrative tax
c. Or inform the person that the refund will be delayed until all due Tax return are submitted to the Authority.

VAT on Goods & Services supplied from Designated Zone in UAE

VAT on Goods & Services supplied from Designated Zone in UAE

A Designated Zone is a specific region in the UAE that is treated as outside the implementing States for the VAT purpose. Since these zones are out of the purview of the VAT UAE, the computation of VAT on the supplies made from a Designated Zone requires a different mechanism.

VAT applicability to services supplied from a Designated Zone in the UAE is slightly different from the supply of goods because the place of supply for such services is treated to be in the UAE even if it is a designated zone.

At present, there are 20 Designated Zones in the UAE out of the total 45 free zones. A free zone and a designated zone is not necessarily the same thing for the purpose of the VAT. This article explains the VAT rules for goods and services supplied from a UAE Designated Zone. Read More

VAT Invoices UAE – Tax Credit Note Explained

VAT Invoices UAE - Tax Credit Note Explained

Tax Credit Note is one of the VAT invoices that a registered taxpayer issues to customers in specific conditions. In this article, we will learn more about the eligibility, conditions, and format of Tax Credit Note.

The VAT rules of GCC make it compulsory for registered taxpayers to attach proper VAT invoices for all their sales and purchases. The FTA has already prescribed formats for tax invoices, debit/credit notes and other tax-related documents to be used by businesses in the UAE. Read More

How to Pay VAT on Commercial Properties in UAE?

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VAT at the rate of 5% is applicable to the sale and renting of commercial properties in the UAE starting from January 1, 2018. The buyer of a commercial property is liable to pay VAT by registering on the FTA portal. In case of a rental commercial property, the owner is liable to pay VAT. In this article, we discuss the procedure of making VAT payment to the FTA on the purchase of a commercial property.

Procedure to Pay VAT on Commercial Properties

If you have recently purchased a new property in the UAE for commercial use or renting purpose, you should pay VAT on the property value directly to the FTA. Follow the step by step procedure to make the VAT payment now. Read More