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Document Type: BL - Bylaws
Law: VAT (FDL No 8 of 2017)
Decision Number: 52-article-31
Year: 2017
Country: đŸ‡ĻđŸ‡Ē UAE
Official Name: Article 31 - Applying the Zero Rate to the Exportation of Services

Cabinet Decision No. 52 of 2017

Cabinet Resolution No. (52) of 2017 - bookmarkSection31

Part 6 - Zero-Rated Supplies

Article 31 - Applying the Zero Rate to the Exportation of Services [16]

  1. The exportation of services shall be subject to the zero rate in the following cases:

    1. If the following conditions are met:

      1. The services are supplied to a recipient of services who has no place of residence in any applying state and is outside the State when the services are performed.

      2. The services are not supplied directly in connection with real properties situated in the State or any improvement to such real properties or directly in connection with moveable personal assets situated in the State when the services are performed.

      3. [The services shall not be treated as performed in the State or in a designated area under Clauses (3) to (8) of Article 30 and Article 31 of the Decree-Law.] [G28]

    2. If the services are actually performed outside the applying states or are the arrangement of services that are actually performed outside the applying states.

    3. If the supply includes the provision of outbound tour packages, for the part relating to such service.

  2. For the purposes of Paragraph (a) of Clause (1) of this Article, a person shall be deemed as being 'outside the State' if his presence is only for a short period of less than (30) thirty days, [and] [G29]his presence in the State is not effectively connected with the supply.[17]

  3. Notwithstanding the provisions of Paragraph (a) of Clause (1) of this Article, a supply of services shall not be zero-rated, if the supply is made under an agreement entered into, whether directly or indirectly, with a non-resident recipient of services if all of the following conditions are met:

    1. If services are received by another person within the State or it is reasonably foreseeable at the time of the agreement's conclusion that services will be received by another person within the State. This includes, but is not limited to, an employee or manager of the non-resident recipient of the services.

    2. Where it is reasonably foreseeable at the time of the agreement's conclusion that [*] [G30]services will be received by another person, the input tax on them may not be fully recovered in accordance with Article 54 or [Article 57][G31]of the Decree-Law.

  4. For the purposes of Paragraph (c) of Clause (1) of this Article, services that include the 'provision of outbound tour packages' mean the services that a taxable person provides in packaging one or more tourism products and also services outside the applying states, including goods and services such as accommodation, meals, transport, and other activities.

Footnotes

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

[17]Clause 2 amended as per Cabinet Decision No. 46 of 2020.

GTL Notes

[G28]Inserted by Federal Decree-Law No. 100 of 2024 effective from 15 November 2024

[G29]Amended by Federal Decree-Law No. 46 of 2020 effective from 4 January 2020. Please note that while the word 'or' appears in the text of the English version available on the UAE legislation website, the word 'and' appears in the Arabic text and hence we have corrected the same

[G30]The phrase 'in the course of making supplies' deleted by Federal Decree-Law No. 100 of 2024 effective from 15 November 2024

[G31]Inserted by Federal Decree-Law No. 100 of 2024 effective from 15 November 2024