Tax January 21' - Emirates Chartered Accountants Group

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Tax January 21' - Emirates Chartered Accountants Group
Tax
Updates
  January   21’

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            UAE | BAHRAIN | OMAN | UK | INDIA
Tax January 21' - Emirates Chartered Accountants Group
United Arab
                                         Tax Update        Emirates
                                             January ‘21

03         United Arab Emirates

                                                           Excise Tax Administrative           UAE announces citizenship
                                                           Exception Guide released            for Expats
                                                           by FTA

                                                           The Federal Tax Authority has       After the announcement of

05         Kingdom of Bahrain
                                                           issued an Excise Tax Adminis-
                                                           trative Exception Guide which
                                                                                               10-year golden visa to certain
                                                                                               categories of Individuals, the
                                                           provides registrants with con-      United Arab Emirates approved

06         Kingdom of Saudi Arabia
                                                           cessions/ exceptions if difficult
                                                           circumstances prevent them
                                                                                               amendments to its laws on 30
                                                                                               January 2021 to allow investors,
                                                           from following certain proce-       professionals, special talents

08       Sultanate of Oman
                                                           dural aspects of the Law or
                                                           Regulation.
                                                                                               and their families to acquire the
                                                                                               Emirati nationality and pass-
                                                                                               port under certain conditions.

09        Qatar
                                                           The Exception can be made
                                                           only in relation to alternative     In a statement concerning the
                                                           supporting evidence to confirm      changes to the citizenship law,
                                                           the export of goods from the        authorities said the job catego-
                                                           UAE. The request can be made        ries that can qualify to acquire
                                                           by the Authorized Signatory,        the Emirati nationality include:
                                                           appointed Tax Agent or Legal        investors, doctors, specialists,
                                                           Representative by submitting        inventors, scientists, talents,
                                                           the filled in Excise Tax Adminis-   intellectuals, artists and their
                                                           trative Exception Form to spe-      families (spouse and children).
                                                           cialexceptions@tax.gov.ae.

10         Certain Other Jurisdictions

2 | Tax Updates – January 2021                                                                                                     3 | Tax Updates – January 2021
Tax January 21' - Emirates Chartered Accountants Group
Joint stock companies in Dubai required to list in local exchanges
                                                                                                        Kingdom of
In his capacity as Ruler of Dubai, Vice President and Prime Minister of the UAE HH Sheikh Moham-
med bin Rashid Al Maktoum has issued a new decree on the listing of joint stock companies in se-
                                                                                                        Bahrain
curities exchanges in Dubai.
                                                                                                        Kingdom of Bahrain publishes VAT Guidance on Changes in the Place of Supply of
Under this, all local public joint stock companies established in the emirate, including those set up   Telecommunication Services
in special economic zones or free zones including the Dubai International Financial Centre (DIFC),
should list their stocks in local securities exchanges including Dubai Financial Market (DFM) and
Nasdaq Dubai.                                                                                           Kingdom of Bahrain’s Nation         This clarification sets out the in-   The purpose of the amend-
                                                                                                        Bureau for Revenue (NBR) has        tention of the National Bureau        ment is to align the place of
According to the decree, foreign companies should list their stocks in local markets when their an-     on 31 December 2020,                for Revenue (NBR) to                  supply rules for these
nual profit or revenue generated from activities in Dubai make up at least 50% of the total, or when    published VAT Public Clarifica-     amend the “use and enjoy-             services with the International
their total assets owned in Dubai amount to 50% or more of their entire assets. The listing should      tion VAT/PC/20/3 on the place       ment” rules under which the           Telecommunications Regula-
be completed within one year of the date of reaching this percentage.                                   of supply of telecommunica-         place of supply for c e r t a i n     tions (Melbourne 1988),
                                                                                                        tion services that will be effec-   telecommunications services is        also known as the Melbourne
All companies that are subject to this decree, should change their status within a year of the issu-    tive from 1 February 2021.          determined for VAT purposes.          Agreement, to which Bahrain is
ance of the Decree. Licencing authorities can extend the deadline by same period as required.                                                                                     a party.

                                                                                                        Kingdom of Bahrain updates VAT Guide

                                                                                                        The National Bureau for Revenue (NBR) in Kingdom of Bahrain has published an updated VAT
                                                                                                        General Guide, setting out:-

                                                                                                        •      guidance on how to determine the place most closely connected with a supply,
                                                                                                        •      fees payable for certain NBR services,
                                                                                                        •      issue of VAT Registration Certificate on request, and
                                                                                                        •      the procedures for requesting a review of an assessment (pre-appeal).

4 | Tax Updates – January 2021                                                                                                                                                    5 | Tax Updates – January 2021
Tax January 21' - Emirates Chartered Accountants Group
Kingdom of
                                 Saudi Arabia
                                 New exceptions from the
                                                                     •      100% penalty relief is
                                 Real Estate Transaction Tax
                                                                     provided where the principal
                                 (‘RETT’) in the Kingdom of
                                                                     amount of outstanding tax due
                                 Saudi Arabia                        is paid from January to March
                                                                     2021,
                                 Pursuant to the Royal Order         •      75% penalty relief is pro-
                                 A/84 exempting the supply of        vided if paid from April to May      Discoveries of manipulation on financial
                                 real estate properties in KSA       2021, and                            reporting by the GAZT
                                 from VAT and reference to what      •      50% penalty relief is
                                 is stated in paragraph “d” of Ar-   provided if paid in June 2021.
                                 ticle 4 and paragraph “a/13” of                                          The General Authority of Zakat and Tax (GAZT) in
                                 Article 3 of RETT Implementing      It is also clarified that 100%       the Kingdom of Saudi Arabia, has recently discov-
                                 Regulations, the Board of Di-       penalty relief is provided where     ered Financial Reporting manipulations of a few
                                 rectors of GAZT has approved        outstanding tax debts have           enterprises as reported by Al Watan newspaper.
                                 amendment/additions to Arti-        been paid in full before the ef-
                                 cle 3a of the RETT Implement-       fective date of the latest initia-   The Saudi Organisation for Certified Public Ac-
                                 ing Regulations.                    tive (21 January 2021). No pen-      countants (SOCPA) will punish the manipulators
                                                                     alty relief is provided, however,    of Company financial statements while the Gen-
                                 The amendments aim to ex-           in relation to penalties for tax     eral Authority of Zakat and tax are set to impose
                                 tend the scope of application of    evasion.                             penalties.
                                 the RETT exemption to certain
                                 transactions. The amendment                                              The recent discoveries have pushed the GAZT to
                                 enters into force from 22 Janu-                                          incorporate further electronic linkages within the
                                 ary 2021.                                                                financial reporting framework. It aims to achieve
                                                                                                          this goal by teaming with the Ministry of Com-
                                                                                                          merce to open the “Qawaem” portal to submit
                                 Saudi Arabia Extends                                                     Financial Statements by all enterprises and com-
                                 COVID-19 Penalty Relief                                                  panies.
                                 Initiative by 6 Months

                                 On 21 January 2021, the Gen-
                                 eral Authority of Zakat and
                                 Tax (GAZT) has announced the
                                 extension of its penalty relief
                                 initiative in response to the
                                 COVID-19 pandemic by an ad-
                                 ditional six months to 30 June
                                 2021.

                                 Penalty relief was previously
                                 provided up to 31 December
                                 2020. As extended,

6 | Tax Updates – January 2021                                                                                                                                 7 | Tax Updates – December 2020
Tax January 21' - Emirates Chartered Accountants Group
Sultanate of                                                             Qatar
                                 Oman
                                                                                                          Outstanding liabilities to be updated in Dhareeba Portal
                                 Budget 2021 of Sultanate of         Sultanate of Oman issues
                                 Oman released                       list of food products that
                                                                     are subject to Value Added           The General Tax Authority (“GTA”) has formally closed the previous
                                                                     Tax at Zero percent                  Tax   Administration System (“previous TAS) and effective from 1st
                                 His Majesty Sultan Haitham bin
                                                                                                          November 2020 the GTA requires all tax services and obligations to
                                 Tarik issued two Royal Decrees
                                                                                                          be dealt through “Dhareeba”.
                                 (“RD”) on 1 January 2021, pub-
                                 lished in the Official Gazette on   Ministerial Decree 2/2021, dat-
                                                                     ed 4 January 2021, detailed the      The GTA has also migrated data from the previous TAS to Dhareeba,
                                 3 January 2021,
                                                                     list of food products that will be   including the balances of tax liabilities (related to both income tax
                                                                     subject to VAT at the zero rate      and WHT) and penalties.
                                 •      RD 1/2021 - Promulgat-
                                 ing the Tenth Five-year Devel-      in Oman. The list consists of
                                                                     93 food products with their HS       Recently the GTA have requested (via emails) the taxpayers to review
                                 opment Plan (“10th FDP”)
                                                                     codes.                               and update their account statements in the Dhareeba portal within
                                                                                                          the stipulated deadline.
                                 •      RD 2/2021 - The 2021
                                 State Budget                        Sultanate of Oman Extends
                                                                     Deadline for First CbC Re-
                                                                     port Notifications
                                 Value Added Tax (‘VAT’)
                                 Guide released by tax Au-
                                                                     The Sultanate of Oman Tax Au-
                                 thorities
                                                                     thority has announced an ex-
                                                                     tension in relation to the dead-
                                 With few months remaining           line for filing the notification
                                 before VAT is formally imple-       under Article (5) of the Decision
                                 mented in Sultanate of Oman,        No. 79/2020 on Rules for Coun-
                                 the Oman Tax Authority (OTA)        try-By-Country Reporting for
                                 has released a guide on VAT         entities whose reporting fiscal
                                 explaining the registration re-     year ends December 31, 2020.
                                 quirements for business and         The deadline has been extend-
                                 individuals.                        ed from 31 December 2020 to
                                 The guide confirms that the go      April 30, 2021. This decision
                                 live date for VAT in Sultanate of   aims at assisting the address-
                                 Oman is 16 April 2021 and the       ees by the decision and take
                                 VAT registration will take effect   into consideration the excep-
                                 in a phased manner i.e. based       tional circumstances this year.
                                 on the revenue of the taxable       However, the deadline for filing
                                 person.                             the report stipulated in Article
                                                                     (7) of the same decision re-
                                                                     mains unchanged.

8 | Tax Updates – January 2021                                                                                                                                               9 | Tax Updates – January 2021
Tax January 21' - Emirates Chartered Accountants Group
Certain Other
Jurisdictions
                                                                                                        UNION BUDGET
                                                                                                              2021-22

      India
      India Introduces Faceless Penalty Scheme

      India’s Central Board of Direct Taxes has introduced        India releases its Annual
      a Faceless Penalty Scheme, 2021 through Notification        Budget for the financial
      No. 2/2021.                                                 year 2021-22:
      The scheme has been introduced in relation to the
                                                                  India’s Finance minister           In her speech, the finance
      faceless assessment and faceless appeal schemes in-
                                                                  Ms. Nirmala Sitharaman             minister mentioned that
      troduce in 2020, which essentially allow for income tax
                                                                  unveiled the Union Budget          this year budget proposals
      matters to be handled entirely online without taxpay-
                                                                  2021 in the Parliament on          rest on six pillars includ-
      ers and the tax authority needing to meet in person.
                                                                  February 1, 2021. It is the        ing — health & well-being,
                                                                  first digital budget in the his-   physical & financial capital
      Similar to the other faceless schemes, the Faceless Pen-
                                                                  tory of India.                     & infrastructure, inclusive
      alty Scheme includes the establishment of a national
                                                                                                     development for aspira-
      center, the National Faceless Appeal Centre, as well as
                                                                  Being the first budget of a        tional India, reinvigorating
      regional centers and, local penalty and penalty review
                                                                  new decade and also the            human capital, innovation
      units to handle the penalty process.
                                                                  one during the pandemic,           & R&D, Minimum Govt &
                                                                  the budget was focused on          Maximum Governance.
      CBDT extends due date for filing declaration                boosting, encouraging India
      under Vivad Se Vishwas scheme                               towards being Aatmanir-            Finance     minister    also
                                                                  bhar (Self-Reliant). The two       launched the “Union Bud-
                                                                  main key segments where            get Mobile App” for has-
      The Central Board of Direct Taxes (CBDT) on Monday          the government focused its         sle-free access of Budget
      further extended the due date for filing declaration un-    spending were - infrastruc-        documents by Members of
      der the ‘Vivad Se Vishwas’ (VSV) scheme till February 28,   ture and health. There was         Parliament and the gener-
      2021.                                                       no change in Income Tax            al public using the simplest
                                                                  slabs this year.                   form of digital convenience.
      As per a CBDT’s notification, the date for payment of
      tax without additional interest under VSV remains un-
      changed at March 31, 2021.

10 | Tax Updates – January 2021                                                                      11 | Tax Updates – January 2021
Tax January 21' - Emirates Chartered Accountants Group
United                              Egypt
                                  Kingdom                      Egypt Publishes Guidelines
                                                               on the Tax Treatment of
                                  HMRC announces EU’s Man- Capital Gains Realized by                       Singapore                          This includes guidance on:
                                  datory Disclosure Regime Non-Residents on Unlisted
                                                                                                                                              •       Supply of imported
                                  (“DAC 6”) ceases to apply in Shares                                      Singapore Publishes Updat-
                                                                                                                                              goods to local customers;
                                  its entirety in the UK                                                   ed GST Guide for property
                                                                      Egypt’s Ministry of Finance has                                         •       Claiming import GST;
                                                                      published      English-language      owners and holding compa-          •       Correcting errors made
                                  Following the conclusion of the     guidelines on the tax treatment      nies:                              on importation of goods;
                                  UK’s Free Trade Agreement           of capital gains realized from                                          •       Importing goods on be-
                                  (“FTA”) with the EU, the UK’s tax   the sale or disposal of shares       On 8 January 2021, the Inland      half of an overseas person;
                                  authority, Her Majesty’s Reve-      not listed on the Egyptian Stock     Revenue Authority of Singa-        •       Re-importing      goods
                                  nue and Customs (“HMRC”) has        Exchange by non-residents as         pore (IRAS) published an up-       belonging to local persons or
                                  confirmed on December 31,           per Ministerial Decree No. 610       dated e-Tax Guide for property     GST-registered overseas per-
                                  2020 that the UK will no longer     of 2020.                             owners and property holding        sons; and
                                  be applying DAC 6 in its entire-                                         companies.                         •       GST suspended at the
                                  ty.                                 The guidelines cover sales or                                           point of importation.
                                                                      disposals of unlisted shares         The purpose of the guide is to
                                                                      by both natural and legal (judi-
                                                                                                                                              Switzerland
                                  DAC 6 imposed mandatory re-                                              explain how GST affects prop-
                                  porting of potentially aggres-      cial) persons. Some of the key       erty owners and property hold-
                                  sive tax planning arrangements      points include the following:        ing companies. It includes guid-
                                  which meet one or more spec-                                             ance on the application of GST     E-Filing of VAT Returns Man-
                                  ified characteristics (hallmarks)   The applicable tax rates on          for property transactions and
                                                                      net taxable capital gains from                                          datory in Switzerland from
                                  by EU based intermediaries or                                            whether persons involved in
                                                                      the sale or disposal of unlisted     property transactions need to      January 2021
                                  taxpayers to the tax authorities
                                  and required the automatic          shares are as follows:               register for GST. The guide also
                                  exchange of this information        •      Legal persons - 22.5%         clarifies the type of property     Switzerland has made electron-
                                  among the EU Member States.         •      Natural persons - indi-       that qualifies for GST exemp-      ic filing of VAT returns manda-
                                  Reporting will still be required    vidual income tax from 0% to         tion.                              tory for all taxpayers.
                                  for a limited time, but only for    25% as per standard tax brack-
                                  arrangements which meet hall-       ets                                  Singapore Publishes Updat-         The e-filing requirement ap-
                                  marks under Category D of the       •      Net Taxable Capital                                              plies from 1 January 2021 in-
                                                                                                           ed GST Guide on Imports
                                  DAC 6 legislation.                  Gains = Sale or Disposal Price                                          cluding in respect of Q4 2020
                                                                      – Acquisition Cost – Brokerage                                          reporting and the Q3 2020 re-
                                                                                                           On 20 January 2021, the Inland
                                  HMRC has also confirmed that        Commission.                                                             porting, although paper filing
                                                                                                           Revenue Authority of Singa-
                                  the change applies retrospec-                                            pore (IRAS) published an updat-    for Q3 2020 may still be accept-
                                  tively and will thus apply to       The guide also includes that                                            ed upon request.
                                                                                                           ed e-Tax Guide concerning GST
                                  both historic (25 June 2018 - 30    the late payment of capital
                                                                                                           on imports.
                                  June 2020) and future (1 July       gains tax due will be subject                                           VAT can be settled online by
                                  2020 onwards) cross-border ar-      to a delay fine (interest) equal                                        registered taxpayers or their
                                                                                                           The purpose of the guide is to
                                  rangements.                         to the credit and discount rate                                         representative through a new
                                                                                                           provide details on GST matters
                                                                      announced by the Central Bank                                           Easy VAT Statement option
                                                                                                           relating to the importation of
                                  In the coming year, the UK in-      plus 2%.                                                                available from January 2021,
                                                                                                           goods, including GST reporting
                                  tends to implement the OECD’s                                            requirements and various im-       which does not require account
                                  Mandatory Disclosure Rules          In cases of evasion, a fine equiv-                                      registration.
                                                                                                           port related schemes.
                                  (the “MDR”) to replace DAC 6        alent to the unpaid tax may be
                                  and transition from EU to inter-    imposed, as well as possible
                                  national rules.                     imprisonment of between 6
                                                                      months and 5 years.
12 | Tax Updates – January 2021                                                                                                                                                  13 | Tax Updates – January 2021
Tax January 21' - Emirates Chartered Accountants Group
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Disclaimer: The publication has been prepared for general guidance by Emirates Chartered Accountants - Tax Help Desk on matters of interest only, it
does not constitute any professional advice. Emirates Chartered Accountants Group does not accept any responsibility or assume any liability for the
consequences in reliance on the information in this publication or for making any decision based on it.
Tax January 21' - Emirates Chartered Accountants Group Tax January 21' - Emirates Chartered Accountants Group
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