Can I recover VAT if the supplier has not paid it to the FTA?
Yes. Whether your supplier actually pays the VAT to the tax authority is not your concern - you can recover it as long as you hold a valid tax invoice and have paid (or intend to pay within six months) for the supply.
Show the full answerShow less
The detail
Recovery of input tax depends on the recipient holding valid evidence (normally a tax invoice) and having paid, or intending to pay within six months of the due date, the consideration - not on whether the supplier has actually remitted that VAT to the FTA. The sources set out these two conditions as the tests for recoverability and do not make the supplier's own compliance a condition for the recipient's claim.1
What the law says
- Input tax can only be claimed if the recipient holds the required evidence, usually a valid tax invoice (or, where none is obtainable, equivalent supplier/customs documentation).1 Based on FTA guidance
- The recipient must also have paid, or intend to pay within six months of the due date, the consideration for the supply.1 Based on FTA guidance
What it depends on
- If the tax invoice is not received in the period of supply, the input tax can instead be deducted in the period the invoice or alternative evidence is received.1 Based on FTA guidance
- Only the portion of consideration actually paid (or invoiced and intended to be paid within six months) can be recovered.1 Based on FTA guidance
Check before you rely on it
- Confirm you hold a valid tax invoice or equivalent evidence for the supply
- Confirm payment has been made or is intended within six months of the due date
Sources (1) — read the official text
-
Read the article
10.5.1. The recipient must hold the required evidence of their purchase Input tax can only be claimed by the recipient of goods or services if the recipient holds the required evidence in respect of the supply. The required evidence takes several forms, the most common of which is a tax invoice. A tax invoice is a document which must satisfy certain conditions (see Chapter 12 for further details regarding tax invoices). In some situations, the recipient will not be able to obtain a valid tax invoice – for example, if the supply is made by a non-resident and was subject to the reverse charge in the UAE. In these circumstances, the recipient is able to evidence the supply by obtaining and retaining the following documents: the supplier’s invoice showing details of the goods and services; in the case of imported goods, a statement from the relevant Customs authority showing details of the imported goods. If the taxable person has not received the tax invoice or other acceptable documentation in the tax period when the supply was made, they may deduct the input tax in the tax period in which the tax invoice or the alternative documents are received. 10.5.2. The person must have paid or intend to pay for the supply The amount of input tax that can be reclaimed by a taxable person is the amount of input tax that relates to the portion of consideration for the supply that has already been paid. However, the condition will also be met if the person intends to make the payment within six months of the due date of payment. For example, if the supplier has only issued a partial invoice for the supply and the recipient made the payment, the recipient can only recover VAT for the payment made. The recipient cannot recover VAT in respect of the portion of consideration which has not yet been invoiced or paid. 10.6. Blocked input tax Input tax on certain expenses incurred by a person is specifically blocked from being recoverable. Such expenses are: entertainment expenses; motor vehicles used for personal purposes; and employee-related expenses. 10.6.1. Entertainment expenses A business is generally prohibited from recovering input tax on expenses incurred in respect of the provision of entertainment to anyone not employed by the business, including customers, potential customers, officials, shareholders, owners, and investors in the business. 39 VAT Guide | Taxable Person | VATG001
Written by AI from the FTA sources above and checked before display. Not tax advice or official FTA information - confirm with a tax adviser before you act. Full disclaimer
Ask your own question
Related questions
- Can we recover input VAT on accommodation we provide free to our staff?
- Can I recover VAT on entertainment expenses?
- Can I recover VAT on a company car?
- Can I recover VAT on staff medical insurance?
- Can I recover VAT on business meals for staff?
- Can I recover VAT on mobile phones given to employees?
- Which expenses have blocked input VAT in the UAE?
- Can I recover VAT on costs incurred before VAT registration?
Filing Corporate Tax? Free Corporate Tax return guidance, in 5 easy steps