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On 1 April 2018 South Africa introduced the Health Promotion Levy (“HPL”) which directly impact manufacturers of sugary beverages, from both a tax administration and accounting perspective. Recent experience has shown that manufacturers impacted by HPL, exclusively focused on the immediate registration requirements communicated by the South African Revenue Service (“SARS”) without consideration of the subsequent impact that HPL related activities will have on their underlying accounting entries.
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On 1 April 2018 South Africa introduced the Health Promotion Levy (Sugar Tax) which directly impacts manufacturers of sugary beverages. Find FTI’s latest thought leadership paper attached, highlighting complexities and anomalies facing South Africa’s FMCG industry.
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Government has tentatively decided to introduce VAT in UAE by 01 January, 2018. The proposed rate of VAT in UAE will be up to 5%.
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1. Excise Tax in UAE – Scope Expansion
In UAE, tobacco and tobacco products, Energy Drinks and Carbonated drinks are
subject to Excise tax and the nation has now decided to levy excise tax on all e-
cigarettes, e-liquids and sweetened drinks with effect from December 1, 2019. With
this introduction a substantial change to businesses that import, manufacture or trade
these products is expected. This article intends to explain the new scope of excise
tax and what businesses should do.
Healthy lifestyle has always been a top priority for the UAE government and with this
initiative, control over diseases arising from the consumption of harmful goods can be
expected. According to the Cabinet General Secretariat “The decision comes to
support the UAE government’s efforts to enhance public health and prevent chronic
diseases directly linked to sugar and tobacco consumption.”
New Products that will be levied excise tax w.e.f. December 1, 2019
Electronic smoking devices and tools and
Sweetened drinks
2. ELECTRONIC SMOKING DEVICES AND TOOLS
Electronic smoking devices and tools shall include all electronic smoking devices and
tools and the like, whether or not containing nicotine or tobacco. which would be
classified on import under Customs HS codes:- 85437031, 85437032, 85437039
All liquid used in electronic smoking devices and tools used in such devices even if
they contain nicotine or not will be levied tax under Customs HS codes:- 38249999.
Liquids used in electronic smoking devices and tools will be charged 100 percent tax.
SWEETENED DRINKS
Sweetened drinks that come under excise tax include any product to which a source
of sugar or sweetener is added and is produced either as:
A ready to drink beverage or
Concentrates, powders, gel, extracts or any other similar product that can be made into a
sweetened drink
3. Source of sugar includes white sugar, soft white sugar, powdered sugar, soft brown
sugar and glucose syrup. Whereas sweeteners include saccharin and its salts,
aspartame, sorbitol, and neotame.
Sweetened drinks that are excluded from Excise Tax
Ready to drink beverages that contain at least 75% milk or its substitutes
Baby formula, follow up formula or baby food
Handling of Foods for Special Medical Purposes
consumed for special dietary needs
Beverages which include alcohol
What Business Needs to do
The Federal Decree-Law No. 7 of 2017 on Excise Tax stipulates that businesses/
persons that are engaged in any of the below activities must register for tax;
Importing of excise goods;
Production of excise goods;
Releasing goods from an excise tax designated zone;
Stockpilers of excise goods, in certain cases; and
Warehouse keepers, in certain cases.
Hence accordingly Importers, producers, stockpilers warehouse keepers, etc. of
electronic smoking devices, liquids used in such devices and sweetened drinks need to
register for excise tax system as soon as possible. Failure in registering within the
specified time period can lead to fines and various other obstacles.
Stockpilers are that businesses that holds excise stock on which duty is not paid and
it’s available for free circulation in UAE and intends to be sold in UAE and holds
“Excess excise goods”. FTA has a prescribed method to calculate excess excise goods
and their valuation. Most of the supermarkets and retailers may fall under this
category.
4. A step-by-step guide for businesses concerned
Classification of Goods – Identify the Excise Goods
Identify the primary conditions for registration as an Excise Tax Taxable Person and if
applicable, as a Tax Warehouse and Tax Warehouse Keeper
Identify the tax trigger points and the tax liability for flow/transaction after going through
the supply chain flows/transactions with regard to the Excise Goods
If there is any additional excise tax during the transitional period, this must be calculated.
Evaluate the pricing impact across the supply chain
Valuation for Excise tax
ERP and process readiness
Get Free Consultation
5. Excise Tax in UAE – Scope Expansion
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