A business must notify the FTA by submitting an application for deregistration from VAT within 20 business days from the date of occurrence of any of the following events that require VAT deregistration under Article 21 of the VAT Law:
- The taxpayer ceases making taxable supplies and does not expect to make supplies in the next 12 months.
- Taxable turnover over the last 12 months is less than AED 187,500, and does not expect to exceed this in the next 30 days
- If a business is sold, the new owner may need to apply for their own VAT registration, and the previous owner may need to deregister
- In the event of a merger or acquisition, one or more entities may need to deregister for VAT
- If the business's legal status is changed
General Process for VAT Deregistration
Taxpayers must submit the VAT deregistration within 20 business days from the occurrence of the event that requires deregistration.
- Submit deregistration - Taxpayer seeking to deregister from VAT must log into their account on the FTA’s e-Services portal. They will need to submit an online application for VAT deregistration, providing all required details.
- Provide Supporting Documents – Taxpayers may need to provide additional documentation to support their application. This could include evidence of the cessation of business activities, board resolution, proof of a drop in revenue, or other relevant documents.
- Review by FTA - The FTA will review the application and supporting documents. If the application meets the requirements, the FTA will approve the deregistration.
- Final Return – After FTA has reviewed the application, they might open a final return. The final tax return represents the last tax period for which the taxpayer was registered with the FTA. It should be filed, and any payable tax should be settled within 28 days from the effective date of de-registration. Failure to adhere to the deadlines may result in penalties and delays in completing the deregistration process.
Filing During the Deregistration Process: VAT deregistration process can sometimes take several months. During this period, it’s important to file zero returns for each tax period to avoid accumulating non-filing penalties.
- Completion of Deregistration - Once approved, the FTA will issue a VAT deregistration certificate, confirming that the business is no longer registered for VAT. The business will no longer be required to charge VAT on its supplies or file VAT returns.
Post-Deregistration Responsibilities
Even after deregistration, businesses may still need to retain their VAT records for a period of five years, as per the UAE’s tax laws. Additionally, if the business holds any VAT credits or balances, it may need to settle these amounts before completing the deregistration process.
Penalty
If the registrant fails to submit a deregistration application within 20 business days, as specified by the Tax Law, a penalty of AED1,000 will be imposed, with an additional AED1,000 per month for each subsequent month of delay, up to a maximum of AED10,000.
Impact of VAT Deregistration
- No Longer Charging VAT - After deregistration, the business will not be expected to make VAT charges on the supplies it makes.
- Compliance and Reporting - After deregistration, the business will not be required to submit periodic VAT returns or adhere to the provisions of the VAT Act on recordkeeping. This can minimize the amount of paperwork and the related costs of meeting VAT obligations.
- Reclaiming Input VAT - Among the consequences, it is worth mentioning that deregistered businesses cannot claim input VAT on materials they buy.
Potential Resubmission of VAT Registration
In the future, if a business’s circumstances change and it crosses the registration limit again, then the business will have to resubmit VAT Registration. This could affect the management of the business and might cause some forms of interruptions in the course of the business.
Seeking advice on VAT compliance or understanding the full scope of VAT registration in UAE is essential for maintaining the smooth operation of your business. It is highly advisable to consult with reputable VAT consultants such as Excellence, who can provide expert guidance that will help you stay informed about VAT registration and deregistration requirements to avoid costly mistakes and focus on growing your business and ensure that your business stays compliant with the UAE’s VAT laws.