The Federal Tax Authority clarifies the conditions for the zero-rating
treatment of export of services relating to the residency and location of the
recipient of services.
Conditions for Zero-rating
- Customer’s place of residence is outside the UAE.
- Customer is outside the UAE when the services are performed.
1. Customer’s place
of residence is outside the UAE:
a. Definition of
Place of Residence
- Place
of Establishment (PE) – Where customer is legally established in which
significant management decisions are taken.
- Fixed
Establishment (FE) – Fixed place in which the customer conducts business
regularly or permanently and where sufficient human and technology resources
exist.
b. Determination of
Place of Residence:
- If
there is a multiple establishment – Where the establishment most closely
related to the services is located.
2. Customer is
outside the UAE when the services are performed if:
- Presence in the UAE is less than a month; AND
- Presence is not effectively connected with the supply.
How can Crowe Help?
- Determining the Recipient’s residency status and
location at the time the services are performed.
- Determining whether export of services is subject to
zero rating.
- Preparing documents to support zero rating treatment
of export of services.