VAT Administrative Penalties

VAT Administrative Penalties in UAE

Administrative penalties are fines imposed by the Federal Tax Authority (FTA) for violations of tax laws. Taxable persons must comply with all VAT obligations to avoid these penalties, which are outlined in Cabinet Decision No. (40) of 2017. The FTA notifies individuals of any penalties within five business days of a violation.

When Are Administrative Penalties Imposed?
Administrative penalties are imposed for violations listed in Tables (1), (2), and (3) of the Cabinet Decision No. (40) of 2017.

Table (1): Penalties for Violating the Federal Law No. (7) of 2017 on Tax Procedures

Violation DescriptionAdministrative Penalty (AED)
Failure to maintain required records and other information.AED 10,000 (first time), AED 50,000 (repeated).
Failure to submit data, records, and documents in Arabic when requested by the FTA.AED 20,000
Failure to submit a VAT registration application on time.AED 20,000
Failure to submit a deregistration application on time.AED 10,000
Failure to update tax information with the FTA.AED 5,000 (first time), AED 15,000 (repeated).
Failure of a legal representative to inform the FTA of their appointment.AED 20,000
Failure of a legal representative to submit a tax return on time.AED 1,000 (first time), AED 2,000 (repeated within 24 months).
Failure to submit a tax return on time.AED 1,000 (first time), AED 2,000 (repeated within 24 months).
Failure to settle the payable tax on time.Late payment penalty: 2% immediately, 4% after 7 days, 1% daily (up to 300%).
Submission of incorrect tax returns.AED 3,000 (first time), AED 5,000 (repeated).
Failure to voluntarily disclose errors before an audit.AED 3,000 (first time), AED 5,000 (repeated).
Failure to facilitate a tax audit.AED 20,000
Failure to account for tax on imports.50% of unpaid or undeclared tax.

Table (2): Penalties for Violations of the Federal Decree-Law No. (7) of 2017 on Excise Tax

Violation DescriptionAdministrative Penalty (AED)
Failure to display prices inclusive of tax.AED 15,000
Failure to comply with conditions for transferring or storing excise goods.AED 50,000 or 50% of the tax chargeable.
Failure to provide price lists for excise goods.AED 5,000 (first time), AED 20,000 (repeated).

 

Table (3): Penalties for Violations of the Federal Decree-Law No. (8) of 2017 on Value Added Tax

Violation DescriptionAdministrative Penalty (AED)
Failure to display prices inclusive of VAT.AED 15,000
Failure to notify the FTA of tax being applied based on margin.AED 2,500
Failure to issue a tax invoice or credit note.AED 5,000 per invoice or document.
Failure to comply with procedures for electronic invoices and credit notes.AED 5,000 per incorrect document.

 

Note: Penalties cannot be less than AED 500 or exceed three times the amount of tax due.

Can a Taxable Person Object to Administrative Penalties?
Yes, a taxable person has the right to object to penalties. A request for reconsideration must be submitted to the FTA within 20 business days of being notified of the decision, including the reasons for the objection.
When Can the FTA Reduce or Waive Penalties?
The FTA may reduce or waive penalties if the following conditions are met:

◉The person has a valid excuse acceptable to the FTA.
◉ The person provides evidence justifying the violation.
◉ The request for reduction or waiver is submitted within 10 business days of the end of the excuse period.
◉ The person has not received any penalties in the previous two years.
◉ The person has corrected the violation.

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