Revealed - Amendment in Tax Penalties

Amendment of VAT penalties post 28th June 2021

There have been many amendments in the VAT penalties by the FTA. So here we will get into some of the most important changes. Some of the penalties have been reduced while some others have a new mechanism for calculation in place.

Late registration penalty -

The penalty for not registering for VAT within the specified timeframe has been dropped down from AED 20,000 to AED 10,000.

Submitting Voluntary Disclosure-

In this case there is a new mechanism for the calculation of this penalty. Now the penalty is on the basis of the difference between the tax that should have been calculated and the tax that was actually calculated. The new VAT penalty is calculated as follows-

1. 5% on the difference, where the Voluntary Disclosure is submitted within one year from the due date of submission of the Tax Return, the Tax Assessment, or the relevant refund application;

2. 10% on the difference, where the Voluntary Disclosure is submitted within the second year following the due date of submission of the Tax Return, the Tax Assessment, or the relevant refund application;

3. 20% on the difference, where the Voluntary Disclosure is submitted within the third year following the due date of submission of the Tax Return, the Tax Assessment, or the relevant refund application;

4. 30% on the difference, where the Voluntary Disclosure is submitted within the fourth year from the due date of submission of the Tax Return, the Tax Assessment, or the relevant refund application;

5. 40% of the difference, where the Voluntary Disclosure is submitted after the fourth year from the due date of submission of the Tax Return, the Tax Assessment, or the relevant refund application.

Fixed penalty for voluntary disclosure-

This has been reduced as well. AED 1,000 (previously AED 3,000) for the first voluntary disclosure and AED 2,000 (previously AED 5,000) in the case of repetition.

Late Payment Penalty-

In this case a new mechanism is explained by the FTA for VAT penalty calculation.

1. 2% of the unpaid tax on the day following the due date of the payment.

2. 4% monthly penalty is due after one month from the due date of payment, and on the same date monthly thereafter, on the unsettled Tax amount to date.

The VAT penalty payable can go up to a maximum of 300%

Penalty for late payment after voluntary disclosure-

As per the old calculation late payment penalty would be calculated from the due date of the VAT return that is being amended. Now the taxpayer will be given 20 business days from the date of the submission of the voluntary disclosure. Afterwhich the same late payment penalty discussed above will apply.

Late return filing penalty-

The VAT penalty for not Filing for VAT within the specified timeframe remains the same at AED 1,000 for the first return and AED 2,000 in the case of repetition within a 24 month period.

The updated mechanism of VAT penalties calculation in most cases is beneficial for the businesses in the UAE, and encourages business owners to correct the errors sooner. This will definitely be a relief for businesses in UAE, especially for the ones in the growing stage.