Make 2020 the year of reducing VAT risk- FTA VAT Administrative Exceptions

Given the complexities involved with the accurate procedures of VAT it is no surprise that taxpayers will however face challenges in full compliant with VAT at some point. These challenges can be in the forms of issuing Proper Tax Invoices within 14 days of date of supply, issuing Tax Credit Note in the format prescribed by FTA, maintaining official documents for charging zero rate vat in case of export of goods etc. The most minor errors can lead to significant consequences which depending on the circumstances may include interest, penalties and/or prosecution. The key being taking timely action and engaging with Federal Tax Authority with the help of Tax Agents to ensure full disclosure and co-operation when regularizing matters with a view to mitigating risk.

With all of the above in mind, FTA has recently come up with an updated user guide for VAT Administrative Exceptions form which shall benefit not only the small companies but also some of the larger businesses experiencing difficulties in compliance of VAT procedures.

A VAT Administrative Exception form is a mechanism through which a registrant can apply for concessions / exceptions/ relaxation in relation to the Tax procedures mentioned in VAT Decree-Law or Executive Regulations. VAT Administrative Exceptions are grouped into the following categories:
– Tax Invoices Exception For not maintaining the particulars of Article 59
(1) or 59 (2) of Executive Regulations for tax invoices; or not issue a tax
invoice in certain cases.
Tax Credit Notes Exception For not maintaining the particulars of Article
60 (1) of Executive Regulations for tax credit notes, or not issue tax credit
notes in certain scenarios.
– Length of the Tax Period Applying for change in tax period keeping in
mind the various conditions provided by the User Guide.
– Stagger Applying for a change in the tax period so that the tax period ends
as requested by the registrant.
– Evidence to prove export of goods (Amendment) Make a request to
allow use of an alternation form of evidence as official evidence in relation to
export of goods.
– Extension of the time for the export of goods Applying for an extension
of time to physically export goods outside the UAE.

VAT Administrative Exception for Exporters

The amendment has added a new category for exception relating to “Evidence to prove export of goods”. This should come as a relief to taxable person who fail to receive proper Official and Commercial Evidence as required to prove export of goods under Article 30 of the Executive Regulations. Failure to maintain those evidences causes
– Export Sale subject to VAT at 5%
– VAT would become cost (Possible non recovery from overseas customers)
– Administrative penalties

Common occasions where proper documentations are not available specifically concerning to Customs Exit Documents:
– Shipment via courier agents
– Shipments included as part of bulk shipments in containers by logistic agents
– Land transport via vehicles

With all of the above in mind, it is therefore highly recommended that businesses conduct regular reviews of documents & procedures to ensure compliance with all VAT obligations. A taxable person engaged in exporting goods out of UAE through above means can now request an exception from the Federal Tax Authority seeking approval of an alternate form of evidence for export of goods. Tax Agents at MBG has extensive experience in VAT Compliance, health checks and VAT Smart Review
where we help to identify any potential risks, provide assistance to mitigate these risks whilst also identifying any opportunities to improve processes or recover VAT.

How MBG Corporate Services can assist you:

1. Assistance in Preparation of Documents
2. Preparation of Legal grounds on which the exception request is based
3. Assistance in filling of Administrative Exception form
4. Follow-up with FTA to secure approval

*This article is contributed by CA Kishlay Kumar & CA. Kashika Sajnani


Vipin Kumar Ahuja
Associate Director – Taxation (VAT, Excise & Customs)
Chartered Accountant, DISA, Dip. in IFRS.

Having over 12 years of experience in advising clients on Direct & Indirect tax and regulatory issues across India, UAE, KSA & Bahrain.

Areas of Specialization:
– Value Added Tax (VAT)
– Excise Tax
– Custom
– Transfer Pricing
– Project Management
– Process Improvement
– Risk Management