UAE: Reveals VAT Guidelines for Charities

The Federal Tax Authority (FTA) in the UAE has released comprehensive guidelines outlining the VAT treatment for charities operating in the country.

The guidelines, titled “Charities VAT Guide,” provide clarity on various aspects of VAT compliance for charitable organisations.

One of the key highlights of the guidelines is the introduction of the concept of “designated charities.”

These are charities that meet specific criteria, such as being approved by the Community Development Ministry, operating on a not-for-profit basis, and being primarily funded by grants or donations.

Designated charities will be eligible for a special VAT recovery scheme, allowing them to reclaim VAT incurred on expenses related to both taxable and non-taxable activities, except for exempt supplies.

A spokeperson from the FTA has stated that the guidelines aim to support the charitable sector in the UAE by providing a clear framework for VAT compliance.

Designated charities will benefit from the special VAT recovery rules, enabling them to maximise their resources for charitable purposes.

The document outlines the criteria for a charity to be recognised as a designated charity and the process for obtaining this status.

It also clarifies the VAT treatment of various activities undertaken by charities, such as business activities subject to VAT, non-business activities, and donated goods and services.

For charities that do not qualify as designated charities, the guidelines explain the standard VAT recovery rules.

These charities can only recover VAT on costs related to taxable supplies, following a prescribed input tax apportionment method.

The guidelines also address special situations, such as the VAT treatment of sales or leases of new buildings to charities.

The first supply of a new building specifically designed for a designated charity’s relevant charitable purpose will be subject to VAT at the zero rate, providing a cash-flow benefit.

The UAE Cabinet has issued several decisions listing the charities recognised as designated charities, eligible for the special VAT recovery rules.

The guidelines provide an updated list of these designated charities.

The FTA has emphasised the importance of charities familiarising themselves with the guidelines and ensuring compliance with the VAT regulations.

Failure to comply may result in penalties and other legal consequences.

With the release of these comprehensive guidelines, the UAE aims to support the charitable sector while ensuring a fair and transparent VAT system.

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UAE: Unveils First Licensed Lottery Operation, Establishes Gaming Regulatory Framework

Khaleej Times, 29 July 2024: The UAE has announced the launch of its first licensed lottery operation.

This is significant milestone in the establishment of a comprehensive regulatory framework for commercial gaming activities in the country.

The General Commercial Gaming Regulatory Authority (GCGRA), a federal entity, has unveiled the regulatory framework designed to protect consumers by ensuring fairness and transparency across all licensed commercial gaming activities, including lotteries.

The GCGRA emphasised that any unlicensed commercial gaming operations in the UAE are illegal for both operators and players, highlighting the importance of the newly established regulatory framework.

The Game LLC, a commercial gaming operator based in Abu Dhabi, has been granted the first license to operate under the banner of the ‘UAE Lottery’.

The company specialises in game development, lottery operations, and gaming-related content, promising to offer a diverse range of lottery and other games catering to various player interests and financial preferences.

However, specific details about the types of games to be offered have not been disclosed yet.

According to the GCGRA, commercial gaming refers to any game of chance or combination of chance and skill where money or valuable items are wagered for the purpose of winning.

This definition includes gaming machines, internet gaming, electronic skill-based games, lottery games, event wagering (including bets placed on sporting events or horse racing), and any other form of commercial gaming regulated and licensed by the GCGRA.

Engaging in, operating, or facilitating commercial gaming activities without a valid license is unlawful and will result in legal action, including criminal penalties.

Participating as a player in activities offered by unlicensed operators, whether online or at a physical venue, is also illegal and may subject individuals to severe penalties.

The GCGRA has emphasised the importance of responsible gaming practices, enforcing safeguards across every aspect of the gaming experience, from game design to marketing strategies and the provision of player support services.

The authority aims to minimise the potential adverse consequences of excessive gaming for individuals and society, promoting commercial gaming as an entertainment and leisure activity rather than a means to generate income or make money.

With the establishment of the regulatory framework and the licensing of the UAE’s first lottery operator, the GCGRA aims to create a safe and transparent environment for commercial gaming activities in the country, while also addressing potential risks associated with unlicensed operations.

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UAE: AI Use in Tax Management Being Considered

Emaratalyoum, 17 July 2024: The Federal Tax Authority is studying the implementation of a number of future projects, including managing the tax system in the country using artificial intelligence.

The authority is also studying the establishment of offices to provide services to taxpayers at the state level, while a parliamentary report by the Authority called for the necessity of accelerating the implementation of the joint project with the Finance Ministry regarding electronic invoicing.

A parliamentary report has stated that VAT is one of the most common consumption taxes worldwide, applied as “value-added tax” or “goods and services tax” in over 150 countries, including all 29 EU member states, Canada, New Zealand, Australia, Singapore, and Malaysia.

The report has confirmed that tax revenues contribute to the continuity of providing distinguished, high-quality government services that keep pace with the country’s advanced position in global competitiveness indicators.

According to the parliamentary report, VAT was implemented in the country in coordination with the GCC countries, as they worked on this framework jointly, especially since they are linked by an economic agreement and a customs union.

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UAE: New Law to Promote Fair Competition and Monopolistic Practices

Khaleej Times, 11 July 2024: The UAE has introduced a new law prohibiting companies from offering or applying very low prices for production, transfer and marketing with a monopolistic approach to drive other companies out of competition.

The new law defines competition as the act of conducting economic activities based on market mechanisms, but not such mechanisms that harmed trade, development and consumer interests.

It is aimed at ensuring fair competition and prohibiting monopolistic approaches for all companies, as well as protecting consumers’ rights in the country and also regulates mergers and acquisitions in the local market.

The ministry has monitored and communicated with local authorities for inspections to ensure fair competitive practices in the country and the authority could also act in case of receiving a complaint.

This was announced during a media briefing while revealing details of Federal Decree-Law No. 36/2023 on competition regulation, which promoted and protected competition, combated monopolistic practices, and countered harmful economic concentration of consumers in the UAE.

The fines and penalties for the companies are under review and will be released once the Cabinet approves them.

The new law aims to combat monopolistic practices by ensuring a stimulating environment for enterprises, contributing to improving effectiveness, competitiveness and protecting consumer interests.

This new law also aims to promote the market economy and economic activities in line with the principle of economic freedom, and ensure that economic concentration is monitored.

Its provisions speak to all conditions that may undermine, limit, prevent or restrict competition.

Ensuring consumer protection from anti-competitive practices in the context of operationalisation of new market mechanisms, as well as the promotion of economic efficiency, marketing and research and development, are also key goals.

The new law clarifies that economic concentration refers to the dominance of a small number of firms within a particular industry.

It defines economic concentration as any act resulting in the complete or partial transfer (merger or acquisition) of ownership, usufruct rights, property rights, equity, shares or obligations from one establishment to another.

This empowers the acquiring establishment or group of establishments to directly or indirectly control the acquired establishment or group of establishments.

The law takes into consideration the annual sales value of the enterprises concerned and not only the total share of such enterprises involved in the economic concentration process.

Two conditions must be satisfied to successfully complete the process of economic concentration.

The first condition indicates that the total value of annual sales of such establishments in the relevant market, for the last fiscal year, must exceed the amount determined by the Cabinet, upon the minister’s proposal.

The second condition states that the total share of such establishments must exceed the percentage of the total transactions in the relevant market during the last fiscal year, as determined by the Cabinet.

Federal Decree-Law No. 36/2023 establishes the regulations for submitting the application for economic concentration, the documents to be attached, and its examination mechanisms.

The ministry has stated that companies can submit their views on the Application for Economic Concentration project and also provide any data or information that would help study the request, in line with global best practices in the field of competition.

The ministry has also elaborated that efforts are currently underway to develop a more agile and sustainable competitive system, including the launch of more pioneering legislation, initiatives, and programmes to make the UAE a global hub for the new economy within the next decade.

The law assigns new responsibilities to the Competition Regulation Committee as well, such as proposing the general policy for protecting competition and scrutinising issues related to the application of the provisions of this law and making recommendations.

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UAE: Council Approves Technical Education Policy

Al-Bayan, 25 June 2024: The Federal National Council’s Education, Culture, Youth, Sports and Media Affairs Committee has endorsed the government’s policy report on technical education and vocational training.

The committee has reviewed research compiled by the Council Secretariat and consulted relevant authorities.

Their aim was to understand the existing challenges, potential solutions, and overarching strategy for technical and vocational education.

Based on these studies and stakeholder meetings, the committee proposed a set of recommendations.

The discussions focused on two critical aspects: they examined the legislative framework regulating technical and vocational education and training programs.

Additionally, they looked at the policies and strategic plans guiding the nationwide implementation of such programs across the UAE.

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UAE: Securities Authority Launches Private Debt and Sukuk Placement Regulation Project

Al-Etihad, 3 July 2024: The Securities and Commodities Authority has launched the Regulation of Private Placement of Debt Instruments, Sukuk and Securitised Financial Instruments project, one of the transformational projects within the performance agreements for federal government entities for 2023-2024.

These are qualitative projects that will move the nation towards the future, improve its competitiveness, and have a significant impact on sectors within short timeframes.

The Chairman of the Authority’s Board of Directors issued a resolution to regulate the transformational project, aligning with the UAE’s vision to become a global hub for the new economy within the next decade, as outlined in the ‘We The UAE 2031’ initiative, which demands concerted efforts.

The Securities and Commodities Authority’s CEO has stated that the project reflects the Authority’s commitment to enhancing the role of local financial markets as a key driver of the economy.

The new regulation aims to diversify investment opportunities and instruments for investors by regulating private placements.

This will incentivise issuers to list on local capital markets instead of abroad, thereby enhancing the attractiveness of the national economy.

The Authority aims to prepare financial markets to create a new platform for professional investor trading, as well as attract new segments of investors or issuing companies, contributing to increasing the market capitalisation of local capital markets in the country.

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