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Document Type: BL - Bylaws
Law: VAT (FDL No 8 of 2017)
Decision Number: 52-article-29
Year: 2017
Country: đŸ‡ĻđŸ‡Ē UAE
Official Name: Article 29 - Levying the Tax based on the Profit Margin

Cabinet Decision No. 52 of 2017

Cabinet Resolution No. (52) of 2017 - bookmarkSection29

Part 5 - Profit Margin Scheme

Article 29 - Levying the Tax based on the Profit Margin [14]

  1. The taxable person may calculate and charge the tax on any goods supply on the basis of the profit margin in the following cases:

    1. If the taxable person makes a supply of goods set out in Clause (2) of this Article after having been purchased from any of the following:

      1. A person who is not a registrant.

      2. A taxable person who has calculated the tax on the supply on the basis of the profit margin.

    2. If it makes a supply of goods for which the input tax has not been refunded in accordance with Article 53 of this Resolution.

  2. The goods set forth in Clause (1) of this Article mean goods that have been taxed before the supply which shall be subject to the profit margin scheme and such goods are:

    1. Used goods; i.e. tangible moveable property suitable for further use as it is or after repair.

    2. Antiques; i.e. goods that are over 50 years old.

    3. Collectors' items, including stamps, coins and paper money and other items of scientific, historical or archaeological importance.

  3. A taxable person may not calculate and charge the tax on the basis of the profit margin in respect of goods stated in Paragraph (a) of Clause (1) of this Article if a tax invoice or other document is issued for such supply and the amount of the tax levied on the supply is mentioned in the tax invoice or the document.

  4. The profit margin shall be the difference between the purchase price of the goods and the selling price thereof, and shall be deemed to be inclusive of the tax.

  5. [The 'purchase price' set forth in Clause (4) of this Articles shall include any costs and fees incurred for the purchase of the good, along with the purchase price of the good.] [G20]

  6. Any taxable person shall keep the records mentioned below in respect of the supplies made in accordance with this Article:

    1. A stock book or similar records showing details of each goods purchased and sold under the profit margin scheme;

    2. Purchase invoices showing details of the goods purchased under the profit margin scheme. If the goods are purchased from non-registrant persons, the taxable person shall issue an invoice showing details of the goods himself, which shall contain at least the following information:

      1. Name, address and tax registration number of the taxable person;

      2. Name and address of the person selling the goods;

      3. Date of the purchase;

      4. Details of the goods purchased;

      5. Consideration payable in respect of the goods;

      6. Signature of the seller of the goods or his authorized signatory.

  7. If a taxable person charges a tax on a supply on the basis of the profit margin, such taxable person shall issue a tax invoice which explicitly states that the tax is charged on the basis of the profit margin, in addition to all other information required to be mentioned in the tax invoice except for the tax amount.

Footnotes

[14]Article amended as per Cabinet Decision No. 100 of 2024.

GTL Notes

[G20]Inserted by Federal Decree-Law No. 100 of 2024 effective from 15 November 2024