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Document Type: BL - Bylaws
Law: VAT (FDL No 8 of 2017)
Decision Number: 52-article-52
Year: 2017
Country: đŸ‡ĻđŸ‡Ē UAE
Official Name: Article 52 - Input Tax Refund in Respect of Exempted Supplies

Cabinet Decision No. 52 of 2017

Cabinet Resolution No. (52) of 2017 - bookmarkSection52

Part 10 - Calculation of the Due Tax

Article 52 - Input Tax Refund in Respect of Exempted Supplies [28]

  1. Supplies referred to in paragraph (c) of Clause (1) of Article 54 of the Decree-Law are the supplies of financial Services, where the place of supply of these Services is treated as outside the State and the recipient of services is outside the State at the time when the services are performed.

  2. For the purpose of Clause (1) of this Article a person is 'outside the State' even if they are present in the State, provided it is only a short-term presence in the State of less than a month, [and] [G56]that his presence is not effectively connected with the supply.

  3. Any tax paid by a person in another applying state on the importation of goods to the State through that applying state or on the supply of goods to this person in such applying state where the goods are then transferred to the State, is refundable in the State if the relevant Goods will be used or are intended to be used in accordance with Clause (1) of Article 54 of the Decree-Lawand the following conditions are satisfied:

    1. The taxable person keeps evidence that he has paid the tax in another applying state in respect of the relevant goods.

    2. The taxable person has not recovered the tax paid in any other applying state.

    3. The taxable person has complied with any additional reporting requirement that the Authority may specify.

  4. If the first supply of a residential building by a taxable person is by way of lease which is zero-rated in accordance with provisions of the Decree-Law, the taxable person may recover Input Tax in full in respect of that supply regardless of any future intention to make later exempt supplies in respect of that residential building.

Footnotes

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

GTL Notes

[G56]Amended by Federal Decree-Law No. 100 of 2024 effective from 15 November 2024. 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