UAE FTA has amended rule to VAT Refund Application on Newly Built Residence.
UAE government has amended the UAE VAT Executive Regulation second time by issuing Cabinet Decision No. 24 of 2021 in March 2021. The only amendment is in Article 66 – New residence.
Prior to the amendment, a UAE national must submit the VAT refund application for the newly built residence within 6 months from the date of completion which is the earlier of the date:
• the residence becomes occupied; or,
• when it is certified as completed by a competent authority in the UAE (the Building Completion Certificate)
After the amendment, a UAE national can submit the VAT refund application for the newly built residence within 12 months from the date of completion.
Here is complete Article 66
Title Sixteen – Other Provisions Relating to Recovery
Article 66 – New residence
1. Where a Person owns or acquires land in the State on which he builds, or
commissions the construction of, his own residence, he shall be entitled to make a claim to the Authority to repay the Tax on the expenses of constructing the residence.
2. For the purposes of Clause 1 of this Article:
a. The claim may only be made by a natural Person who is a national of the State.
b. The claim must relate to a newly constructed building to be used solely as residence of the Person or the Person’s family.
c. The claim may not be made in connection with a building that will not be used solely as a residence by the Person or the Person’s family, for example if it is to be used as a hotel, guest house, hospital or for any other purpose not consistent with it being used as a residence.
3. The refund claim under this Article must be lodged within 12 months from the date of completion of the newly built residence. For the purposes of this Clause, a newly built residence is considered completed at the earlier of the date the residence becomes occupied, or the date when it is certified as completed by a competent authority in the State, or as may otherwise be stipulated by the Authority.
4. A refund claim must be submitted to the Authority in such manner and
containing such details as the Authority may stipulate.
5. Where the Authority has repaid Tax in accordance with this Article, and following the receipt of such repayment the Person breached the condition in paragraph (c) of Clause 2 of this Article, the Authority may require the Person to repay the amount of Tax that was recovered by him.
6. The categories of expenses on which the Person may claim a repayment of Tax under this Article are:
a. Services provided by contractors, including services of builders, architects, engineers, and other similar services necessary for the successful construction of residence.
b. Building materials, being goods of a type normally incorporated by builders in a residential building or its site, but not including furniture or electrical appliances.
