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Chapter 6 - Date of Supply
Chapter 6
Date of Supply
Skill Diploma in Taxation & VAT - UAE
Course accredited by JAIN Deemed to be University
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Why Skillmount?
Skill Diploma in
Taxation & VAT – UAE
2
Skillmount is an online learning platform offering courses
across various topics of Commerce & Management field
with certification from JAIN (Deemed-to-be University)
and other renowned Universities and international
awarding bodies across the globe. Skillmount is where
lifelong learners come to learn the skills they need, to
land the jobs they want, to build the lives they deserve.
Our mission is to uplift everyone in their careers through
exploring the possibilities of online education.
We partner with the leading universities offering certified
courses online to teach the critical skills relevant to the
industry with personalised support. With our advanced
and powerful online education platform and flexible
learning modules, even the busiest can learn and prepare
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Date of Supply
Chapter Summary
This chapter provides information necessary to allow to deeply understand
the concepts of ‘Date of supply’. Which is very necessary to understand the
following chapters and perform efficiently as an accountant in UAE.
Chapter compresses maximum information on date of supply, special rule in
date of supply and Executive Regulation’s articles discussing these topics
along with illustrations and practical scenarios.
3
Chapter 6 - Date of Supply
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Chapter 6 - Date of Supply
If a person supplies The date of supply is the earlier of the date of:
Goods ● Transfer, if goods are transferred under the supervision of the supplier;
● The recipient taking possession of the goods, if transfer is not under the supervision of the supplier;
● Assembly or installation being completed (if applicable);
● Import, where the goods arrive from outside the UAE;
● The recipient’s acceptance of the supply or a date no later than 12 months after the date on which the goods were
transferred or placed at the client’s disposal if the supply was on a returnable basis; receipt of payment; or
● Issue of a tax invoice.
Services ● Completion of the service;
● Receipt of payment; or
● Issue of a tax invoice.
Goods or Services under a
contract that includes periodic
payments or consecutive
invoices
The earlier of:
● Issue of a tax invoice;
● The due date of payment as shown on the invoice; or
● Receipt of payment.
The date of supply cannot be more than one year from the date the goods or services were provided.
Vouchers Issuance or supply thereafter.
Goods where payment is made
through a vending machine…
When the funds are collected from the machine.
A deemed supply of goods or
services
The supply, disposal, change of usage or deregistration, as the case may be.
Services ● Completion of the service;
● Receipt of payment; or
● Issue of a tax invoice.
4
Date of Supply
The date of supply (also known as the ‘time of supply’ or a ‘tax point’) rules dictate the time when the liability to
charge and account for VAT arises in respect of any supply of goods and services.
The rules differ between a supply of goods and a supply of services.
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Chapter 6 - Date of Supply
5
Special Rules
In addition to the standard date of supply rules, there are
a number of rules which deal with specific situations.
Example
Jupiter Co. sells goods to Mars Co. and the
following events occur:
● Jupiter Co. raises a tax invoice for the
sale of the goods on 19 June;
● Jupiter Co. delivers the goods to Mars
Co.’s premises on August;
● Mars Co. pays for the goods on 25 June.
The date of supply for the sale of the goods is 19
June as this is the earlier of the events which
trigger the time of supply. Jupiter Co. must
account for the VAT on the supply in the tax
return that relates to the tax period that covers
the month of March.
Scenarios Rule
If a person supplies goods or services
under a contract that includes
periodic payments or consecutive
invoices
The Date of supply is the earlier of
● Issue of a tax invoice
● The due date of payments
as shown on the invoice;
or
● Receipt of payment
The date of supply cannot be more
than one year from the date the
goods or services were provided.
If a person supplies vouchers The Date of supply is issuance or
supply thereafter.
If a person supplies goods where
payment is made through a vending
machine
The Date of supply is when the funds
are collected from the machine.
If a person supplies a deemed supply
of goods or services
The Date of supply is the supply,
disposal, change of usage or
deregistration, as the case may be.
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Chapter 6 - Date of Supply
Tax shall be calculated on the date of supply of Goods or
Services, which shall be the earliest of any of the following
dates:
1. The date on which Goods were transferred, if such
transfer was under the supervision of the supplier.
2. The date on which the Recipient of Goods took
possession of the Goods, if the transfer was not
supervised by the supplier.
3. Where goods are supplied with assembly and
installation, the date on which the assembly or
installation of the Goods was completed.
4. The date on which the Goods are Imported under
the Customs Legislation.
5. The date on which the Recipient of Goods accepted
the supply, or a date no later than (12) months
after the date on which the Goods were transferred
or placed under the Recipient of Goods disposal, if
the supply was made on a returnable basis.
6. The date on which the provision of Services was
completed.
7. The date of receipt of payment or the date on
which the Tax Invoice was issued.
6
Date of Supply in Special Cases
1. The date of supply of Goods or Services for any
contract that includes periodic payments or
consecutive invoices shall be the earliest of
any of the following dates, provided that it
does not exceed one year from the date of the
provision of such Goods and Services:
1. The date of issuance of any Tax Invoice.
2. The date payment is due as shown on
the Tax Invoice.
3. The date of receipt of payment.
2. The date of supply, in cases where payment is
made through vending machines, shall be the
date on which funds are collected from the
machine.
3. The date of Deemed Supply of Goods or
Services shall be the date of their supply,
disposal, change of usage or the date of
Deregistration, as the case may be.
4. The date of a supply of a voucher shall be the
date of issuance or supply thereafter.
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Chapter 6 - Date of Supply
7
Title Four – Rules Relating to Supplies
Article 19 – Due Tax at Date of Supply
For the purposes of Articles 25, 26 and 80 of
the Decree-Law, where Tax is due because a
payment is made or a Tax Invoice is issued in
respect of a supply of Goods or Services, the
Tax shall be due to the extent of the payment
made or stated in the Tax Invoice, and the
remainder of Due Tax on that supply shall be
payable according to the provisions of the
Decree-Law.
Cabinet Decision No. 52 of 2017 –
Issued 26 November 2017
Cabinet Decision No. 46 of 2020 –
Issued 4 June 2020 Cabinet
Decision No. 24 of 2021 – Issued
11 March 2021
The Executive Regulation of
the Federal Decree-Law No.
8 of 2017 on Value Added
Tax
1) The Direct Export shall be subject to the zero rate if the following
conditions are met:
a) The Goods are physically exported to a place outside the
Implementing States or are put into a customs suspension regime
in accordance with GCC Common Customs Law within 90 days of
the date of the supply.
b) Official and commercial evidence of Export or customs suspension
is retained by the exporter.
2) An Indirect Export shall be subject to the zero rate if the following
conditions are met:
a) The Goods are physically exported to a place outside the
Implementing States or are put into a customs suspension regime
in accordance with GCC Common Customs Law, within 90 days of
the date of the supply under an arrangement agreed by the
supplier and the Overseas Customer at or before the date of
supply
b) The Overseas Customer obtains official and commercial evidence
of Export or customs suspension in accordance with GCC Common
Customs Law, and provides the supplier with a copy of this.
c) The Goods are not used or altered in the time between supply and
Export or customs suspension, except to the extent necessary to
prepare the Goods for Export or customs suspension.
d) The Goods do not leave the State in the possession of a passenger
or crew member of an aircraft or ship.
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Chapter 6 - Date of Supply
3. For the purposes of this Article, a movement of Goods
into a Designated Zone from a place in the State or a
supply of Goods to a Designated Zone shall not be
considered an Export of those Goods.
4. For the purposes of Clauses 1 and 2 of this Article:
1. “Official evidence” means Export documents
issued by the local Emirate Customs Department
in respect of Goods leaving the State.
2. “Commercial evidence” shall include any the
following:
1. Airway bill.
2. Bill of lading.
3. Consignment note.
4. Certificate of shipment.
5. The evidence obtained as proof of Export, whether
official or commercial, must identify the following:
1. The supplier.
2. The consignor.
3. The Goods.
4. The value.
5. The Export destination.
6. The mode of transport and route of the export
movement.
8
6) The Authority may specify alternative forms of
evidence according to the nature of the Export or the
nature of the Goods being exported.
7) The Authority may extend the 90-day period
mentioned in Clauses 1 and 2 of this Article, if the
Authority has determined, after the supplier has
applied in writing, that either of the following apply:
a) Circumstances beyond the control of the Supplier
and the Recipient of Goods have prevented, or
will prevent, the Export of the Goods within 90
days of the date of supply.
b) Due to the nature of the supply, it is not
practicable for the supplier to Export the Goods,
or a class of the Goods, within 90 days of the date
of supply.
8) An Indirect Export would include a supply of Goods in
a departure area of an airport or port to a passenger
of an aircraft or a vessel if:
a) The Goods are intended to leave the State in the
possession of the passenger.
b) The supplier has obtained and retained evidence,
such as the details of the boarding pass of the
passenger, that the passenger intends to leave for
a destination outside the Implementing States.
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Chapter 6 - Date of Supply
9
c) The Taxable Person has provided the Authority
with its own Customs registration number issued
by the competent Customs Department for that
Import, such Customs Departments to verify the
Import subject to the rules set by the Authority.
d) The Taxable Person has cooperated with, and
complied with any rules imposed by, the
Authority in respect of the Import.
2) Where the conditions mentioned in Clause 1 of
this Article are not met, the Taxable Person shall
account for Tax in respect of the Import in
accordance with Clause 1 of Article 50 of this
Decision.
3) Where a Taxable Person who has a Place of
Residence in the State receives a supply of Goods
or Services with a Place of Supply in the State,
from a supplier who does not have a Place of
Residence in the State and does not charge Tax
on that supply, the supply shall be treated as
being of Concerned Goods or Concerned Services
subject to Clause 1 of Article 48 of the
Decree-Law.
9. If the Person required to Export the Goods in
accordance with this Article does not do so within the
period of 90 days or a longer period that the Authority
has allowed under Clause 7 of this Article, Tax shall be
charged on the supply at the rate that would have been
due on the supply if it was made in the State.
10. For the purposes of this Article a supply of Goods shall
be subject to the zero rate if Goods that would
otherwise have been exported are destroyed or cease
to exist in circumstances beyond the control of both the
supplier and the Recipient of the Goods.
11. Customs Departments shall check to confirm the type
and quantity of the exported goods with its export
documents.
Article 48 – Calculation of Tax under the Reverse Charge
Mechanism on import of Concerned Goods or Concerned
Services
1) For the purposes of import of Concerned Goods, Clause 1
of Article 48 of the Decree-Law shall apply if the following
conditions are met:
a) At the time of Import, the Taxable Person can
demonstrate that they are registered for Tax.
b) The Taxable Person has sufficient details for the
Authority to verify the Import and the Tax which shall
be due on the Import and is able to provide these as
required.
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Chapter 6 - Date of Supply
10
4) Where Clause 1 of Article 48 of the Decree-Law
applies, the Taxable Person must:
a) Account for Tax on the value of the Concerned
Goods or Concerned Services at the rate which
would be applicable if the supply of the
Concerned Goods or Concerned Services was
made by a Taxable Person within the State.
b) Declare and pay the Due Tax in the Tax Return
which relates to the Tax Period in which the
Date of Supply for the Concerned Goods or
Concerned Services took place.
5) Where a Taxable Person accounts for Due Tax in
accordance Clause 1 of Article 48 of the
Decree-Law, the Taxable Person shall keep the
following documents relating to the supply:
a) The supplier’s invoice showing details and the
Consideration paid for the Concerned Goods or
Concerned Services.
b) In the case of Concerned Goods, a statement
from the relevant Customs Department
showing details and the value of the Concerned
Goods.

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Chapter 06 - Date of Supply | Taxation & VAT - UAE | Skillmount Online Diploma with University Certification

  • 1. www.skillmount.com Chapter 6 - Date of Supply Chapter 6 Date of Supply Skill Diploma in Taxation & VAT - UAE Course accredited by JAIN Deemed to be University
  • 2. www.skillmount.com Uniquely developed courses University certifications Crafted by Industry experts Online and offline mode Gain expertise in Tally ERP. Internship opportunity in UAE firm Why Skillmount? Skill Diploma in Taxation & VAT – UAE 2 Skillmount is an online learning platform offering courses across various topics of Commerce & Management field with certification from JAIN (Deemed-to-be University) and other renowned Universities and international awarding bodies across the globe. Skillmount is where lifelong learners come to learn the skills they need, to land the jobs they want, to build the lives they deserve. Our mission is to uplift everyone in their careers through exploring the possibilities of online education. We partner with the leading universities offering certified courses online to teach the critical skills relevant to the industry with personalised support. With our advanced and powerful online education platform and flexible learning modules, even the busiest can learn and prepare themselves to advance their professional journey.
  • 3. www.skillmount.com Date of Supply Chapter Summary This chapter provides information necessary to allow to deeply understand the concepts of ‘Date of supply’. Which is very necessary to understand the following chapters and perform efficiently as an accountant in UAE. Chapter compresses maximum information on date of supply, special rule in date of supply and Executive Regulation’s articles discussing these topics along with illustrations and practical scenarios. 3 Chapter 6 - Date of Supply
  • 4. www.skillmount.com Chapter 6 - Date of Supply If a person supplies The date of supply is the earlier of the date of: Goods ● Transfer, if goods are transferred under the supervision of the supplier; ● The recipient taking possession of the goods, if transfer is not under the supervision of the supplier; ● Assembly or installation being completed (if applicable); ● Import, where the goods arrive from outside the UAE; ● The recipient’s acceptance of the supply or a date no later than 12 months after the date on which the goods were transferred or placed at the client’s disposal if the supply was on a returnable basis; receipt of payment; or ● Issue of a tax invoice. Services ● Completion of the service; ● Receipt of payment; or ● Issue of a tax invoice. Goods or Services under a contract that includes periodic payments or consecutive invoices The earlier of: ● Issue of a tax invoice; ● The due date of payment as shown on the invoice; or ● Receipt of payment. The date of supply cannot be more than one year from the date the goods or services were provided. Vouchers Issuance or supply thereafter. Goods where payment is made through a vending machine… When the funds are collected from the machine. A deemed supply of goods or services The supply, disposal, change of usage or deregistration, as the case may be. Services ● Completion of the service; ● Receipt of payment; or ● Issue of a tax invoice. 4 Date of Supply The date of supply (also known as the ‘time of supply’ or a ‘tax point’) rules dictate the time when the liability to charge and account for VAT arises in respect of any supply of goods and services. The rules differ between a supply of goods and a supply of services.
  • 5. www.skillmount.com Chapter 6 - Date of Supply 5 Special Rules In addition to the standard date of supply rules, there are a number of rules which deal with specific situations. Example Jupiter Co. sells goods to Mars Co. and the following events occur: ● Jupiter Co. raises a tax invoice for the sale of the goods on 19 June; ● Jupiter Co. delivers the goods to Mars Co.’s premises on August; ● Mars Co. pays for the goods on 25 June. The date of supply for the sale of the goods is 19 June as this is the earlier of the events which trigger the time of supply. Jupiter Co. must account for the VAT on the supply in the tax return that relates to the tax period that covers the month of March. Scenarios Rule If a person supplies goods or services under a contract that includes periodic payments or consecutive invoices The Date of supply is the earlier of ● Issue of a tax invoice ● The due date of payments as shown on the invoice; or ● Receipt of payment The date of supply cannot be more than one year from the date the goods or services were provided. If a person supplies vouchers The Date of supply is issuance or supply thereafter. If a person supplies goods where payment is made through a vending machine The Date of supply is when the funds are collected from the machine. If a person supplies a deemed supply of goods or services The Date of supply is the supply, disposal, change of usage or deregistration, as the case may be.
  • 6. www.skillmount.com Chapter 6 - Date of Supply Tax shall be calculated on the date of supply of Goods or Services, which shall be the earliest of any of the following dates: 1. The date on which Goods were transferred, if such transfer was under the supervision of the supplier. 2. The date on which the Recipient of Goods took possession of the Goods, if the transfer was not supervised by the supplier. 3. Where goods are supplied with assembly and installation, the date on which the assembly or installation of the Goods was completed. 4. The date on which the Goods are Imported under the Customs Legislation. 5. The date on which the Recipient of Goods accepted the supply, or a date no later than (12) months after the date on which the Goods were transferred or placed under the Recipient of Goods disposal, if the supply was made on a returnable basis. 6. The date on which the provision of Services was completed. 7. The date of receipt of payment or the date on which the Tax Invoice was issued. 6 Date of Supply in Special Cases 1. The date of supply of Goods or Services for any contract that includes periodic payments or consecutive invoices shall be the earliest of any of the following dates, provided that it does not exceed one year from the date of the provision of such Goods and Services: 1. The date of issuance of any Tax Invoice. 2. The date payment is due as shown on the Tax Invoice. 3. The date of receipt of payment. 2. The date of supply, in cases where payment is made through vending machines, shall be the date on which funds are collected from the machine. 3. The date of Deemed Supply of Goods or Services shall be the date of their supply, disposal, change of usage or the date of Deregistration, as the case may be. 4. The date of a supply of a voucher shall be the date of issuance or supply thereafter.
  • 7. www.skillmount.com Chapter 6 - Date of Supply 7 Title Four – Rules Relating to Supplies Article 19 – Due Tax at Date of Supply For the purposes of Articles 25, 26 and 80 of the Decree-Law, where Tax is due because a payment is made or a Tax Invoice is issued in respect of a supply of Goods or Services, the Tax shall be due to the extent of the payment made or stated in the Tax Invoice, and the remainder of Due Tax on that supply shall be payable according to the provisions of the Decree-Law. Cabinet Decision No. 52 of 2017 – Issued 26 November 2017 Cabinet Decision No. 46 of 2020 – Issued 4 June 2020 Cabinet Decision No. 24 of 2021 – Issued 11 March 2021 The Executive Regulation of the Federal Decree-Law No. 8 of 2017 on Value Added Tax 1) The Direct Export shall be subject to the zero rate if the following conditions are met: a) The Goods are physically exported to a place outside the Implementing States or are put into a customs suspension regime in accordance with GCC Common Customs Law within 90 days of the date of the supply. b) Official and commercial evidence of Export or customs suspension is retained by the exporter. 2) An Indirect Export shall be subject to the zero rate if the following conditions are met: a) The Goods are physically exported to a place outside the Implementing States or are put into a customs suspension regime in accordance with GCC Common Customs Law, within 90 days of the date of the supply under an arrangement agreed by the supplier and the Overseas Customer at or before the date of supply b) The Overseas Customer obtains official and commercial evidence of Export or customs suspension in accordance with GCC Common Customs Law, and provides the supplier with a copy of this. c) The Goods are not used or altered in the time between supply and Export or customs suspension, except to the extent necessary to prepare the Goods for Export or customs suspension. d) The Goods do not leave the State in the possession of a passenger or crew member of an aircraft or ship.
  • 8. www.skillmount.com Chapter 6 - Date of Supply 3. For the purposes of this Article, a movement of Goods into a Designated Zone from a place in the State or a supply of Goods to a Designated Zone shall not be considered an Export of those Goods. 4. For the purposes of Clauses 1 and 2 of this Article: 1. “Official evidence” means Export documents issued by the local Emirate Customs Department in respect of Goods leaving the State. 2. “Commercial evidence” shall include any the following: 1. Airway bill. 2. Bill of lading. 3. Consignment note. 4. Certificate of shipment. 5. The evidence obtained as proof of Export, whether official or commercial, must identify the following: 1. The supplier. 2. The consignor. 3. The Goods. 4. The value. 5. The Export destination. 6. The mode of transport and route of the export movement. 8 6) The Authority may specify alternative forms of evidence according to the nature of the Export or the nature of the Goods being exported. 7) The Authority may extend the 90-day period mentioned in Clauses 1 and 2 of this Article, if the Authority has determined, after the supplier has applied in writing, that either of the following apply: a) Circumstances beyond the control of the Supplier and the Recipient of Goods have prevented, or will prevent, the Export of the Goods within 90 days of the date of supply. b) Due to the nature of the supply, it is not practicable for the supplier to Export the Goods, or a class of the Goods, within 90 days of the date of supply. 8) An Indirect Export would include a supply of Goods in a departure area of an airport or port to a passenger of an aircraft or a vessel if: a) The Goods are intended to leave the State in the possession of the passenger. b) The supplier has obtained and retained evidence, such as the details of the boarding pass of the passenger, that the passenger intends to leave for a destination outside the Implementing States.
  • 9. www.skillmount.com Chapter 6 - Date of Supply 9 c) The Taxable Person has provided the Authority with its own Customs registration number issued by the competent Customs Department for that Import, such Customs Departments to verify the Import subject to the rules set by the Authority. d) The Taxable Person has cooperated with, and complied with any rules imposed by, the Authority in respect of the Import. 2) Where the conditions mentioned in Clause 1 of this Article are not met, the Taxable Person shall account for Tax in respect of the Import in accordance with Clause 1 of Article 50 of this Decision. 3) Where a Taxable Person who has a Place of Residence in the State receives a supply of Goods or Services with a Place of Supply in the State, from a supplier who does not have a Place of Residence in the State and does not charge Tax on that supply, the supply shall be treated as being of Concerned Goods or Concerned Services subject to Clause 1 of Article 48 of the Decree-Law. 9. If the Person required to Export the Goods in accordance with this Article does not do so within the period of 90 days or a longer period that the Authority has allowed under Clause 7 of this Article, Tax shall be charged on the supply at the rate that would have been due on the supply if it was made in the State. 10. For the purposes of this Article a supply of Goods shall be subject to the zero rate if Goods that would otherwise have been exported are destroyed or cease to exist in circumstances beyond the control of both the supplier and the Recipient of the Goods. 11. Customs Departments shall check to confirm the type and quantity of the exported goods with its export documents. Article 48 – Calculation of Tax under the Reverse Charge Mechanism on import of Concerned Goods or Concerned Services 1) For the purposes of import of Concerned Goods, Clause 1 of Article 48 of the Decree-Law shall apply if the following conditions are met: a) At the time of Import, the Taxable Person can demonstrate that they are registered for Tax. b) The Taxable Person has sufficient details for the Authority to verify the Import and the Tax which shall be due on the Import and is able to provide these as required.
  • 10. www.skillmount.com Chapter 6 - Date of Supply 10 4) Where Clause 1 of Article 48 of the Decree-Law applies, the Taxable Person must: a) Account for Tax on the value of the Concerned Goods or Concerned Services at the rate which would be applicable if the supply of the Concerned Goods or Concerned Services was made by a Taxable Person within the State. b) Declare and pay the Due Tax in the Tax Return which relates to the Tax Period in which the Date of Supply for the Concerned Goods or Concerned Services took place. 5) Where a Taxable Person accounts for Due Tax in accordance Clause 1 of Article 48 of the Decree-Law, the Taxable Person shall keep the following documents relating to the supply: a) The supplier’s invoice showing details and the Consideration paid for the Concerned Goods or Concerned Services. b) In the case of Concerned Goods, a statement from the relevant Customs Department showing details and the value of the Concerned Goods.