why businesses fail the Economic Substance Regulations Obligations

10 common reasons why businesses fail the Economic Substance Regulations Obligations

Bahrain and the UAE introduced a legal framework requiring businesses to have substance in their jurisdictions as a direct consequence of the Organisation for Economic Co-operation and Development’s (“OECD”) ongoing efforts to combat harmful tax practices under Action 5 of the Base Erosion and Profit Shifting (“BEPS”) project. 

Since a number of years, the European Union publishes a list that focused on jurisdictions which may potentially be harmful to the fiscal interests of the Member States of the European Union (“EU Blacklist”). This blacklist included countries like the Bahamas, Bermuda, the British Virgin Islands (BVI), Cayman Islands, Guernsey, Isle of Man, Jersey and the UAE. In an attempt to see itself removed from the EU Blacklist, the UAE introduced Economic Substance Regulations (“ESR”) with effect from 30 April 2019. In the same year, Bahrain also introduced ESR Requirements with the same purpose.

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Oman introduces VAT

Oman introduces VAT – Attend our webinar with the latest direct and indirect tax developments in Oman

Register for our webinar on 30 July and know all about the latest developments.

VAT will be implemented in the short term and many other tax changes will happen in the next few months. Aurifer and OH law are happy to invite you to our free webinar where we will discuss the tax developments in the Sultanate of Oman. We will cover the new VAT law and developments in terms of direct and indirect taxation.

Reserve your spot by sending an e-mail to lovely@aurifer.tax. Aurifer and OH Law reserve themselves the right to limit the number of attendees.
#oman #omantax #gcc #gulftax #taxlaw #taxation

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UAE considerably restricts application VAT zero rate on services

UAE considerably restricts application VAT zero rate on services

The UAE introduced VAT with effect from 1 January 2018. It based its legislation on the GCC VAT Treaty, which is based on the EU VAT directive, and loosely on a few other jurisdictions. The rules were established in 2017. These were untouched until recently.

For the first time in 2.5 years after the introduction of VAT, the United Arab Emirates (‘UAE’) updated its legislation. The UAE’s Federal Tax Authority (‘FTA’) published an updated version of the VAT Executive Regulations (‘ER’) to the VAT Federal Decree-Law.

The updated version incorporates the changes as per a new Cabinet Decision No. 46 of 2020 (Official Gazette issue 680 of 2020 published on 15 June 2020). The updated version amends one article (article 31 (2)) and improves the English translation in a number of places (e.g., article 51 (5) and article 70 (4). It has flagged only the amendment and not the improvements to the translation. According to the UAE constitution, the amendments enter into effect one month after publication.

This article discusses the change, compares it with KSA and the EU, and analyses the practical complexities and formalities.

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ATAD - another substance tale for the GCC

ATAD – another substance tale for the GCC

’t is the season, but not the jolly one. In many European countries it is filing season. A new kid on the block causes additional headaches for European businesses, the Anti Tax Avoidance Directive, or “ATAD”.

One of the provisions of this Directive, which was implemented with effect from 2019 and therefore impacts for the first time tax reporting in 2020 covers a now relatively familiar topic in some GCC countries: substance.

Businesses in scope of the Economic Substance Regulations (“ESR”) implemented in the UAE in 2019 were recently very occupied with their ESR notifications, and potentially filings. In Bahrain the filing of the ESR report was 30 June. The ATAD is another substance tale, but with far more direct consequences.

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KSA Tax Update Webinar

KSA Tax Update Webinar

On 27 May we will be organizing our KSA Tax Update Webinar covering the recent 15% VAT rate hike, tax amnesty measures, covid 19 measures and other updates.

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KSA increases VAT rate to 15%

Less than three years after the introduction of VAT on 1 January 2018, KSA has decided in a surprise move to increase the VAT rate very substantially from 5 to 15%.

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Negative oil prices trigger tax conundra

Negative oil prices trigger tax conundra

Over supply of oil and under demand due the current economic crisis caused by COVID-19 has led to WTI prices for oil fall below zero as at 21 April 2020. Storage capacity is near full and therefore expensive.

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