Can the FTA refuse a VAT refund?
Yes. When you ask for a VAT refund, the FTA reviews your claim and can reject it if it decides the refund is not due, instead of paying it out automatically.
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The detail
The FTA is not obliged to approve every refund claim: under its standard refund process it reviews each application and notifies the taxable person of its decision to accept or reject the claim, normally within 20 business days (longer if the FTA needs more time). Specific refund schemes also carry their own refusal powers, e.g. under the Expo 2020 Dubai scheme the FTA may refuse a refund where it determines the amount is not due to the Office of the Official Participant.12
What the law says
- On a standard VAT refund claim, the FTA reviews the application and notifies the taxable person whether it is accepted or rejected, generally within 20 business days (FTA guidance).2 Based on FTA guidance
- Under the Expo 2020 Dubai VAT refund scheme, the FTA may refuse a refund where it determines the amount is not due to the Office of the Official Participant.1
What it depends on
Check before you rely on it
- Confirm which refund scheme or standard VAT return refund process applies to your claim
- Keep supporting tax invoices and payment proof ready in case the FTA requests further information
Sources (4) — read the official text
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Article 6 – Powers of the Authority
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Article 6 – Powers of the Authority The Authority is entitled to: 1. Request information, records, or otherwise audit the activities of the Bureau Expo 2020 Dubai to determine the following: a. The refunds paid to the Office of the Official Participant followed the process as agreed between the Authority and the Bureau Expo 2020 Dubai. b. The Office of the Official Participant was eligible to the refund. 2. Refuse refund of Tax where it determines that it is not due to the Office of the Official Participant.
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VAT REFUND SUMMARY USER GUIDE This guide will help you prepare your VAT Refund Claims. About VAT Refund Taxable Persons are able to request a VAT refund at any point when there is a credit or when the input VAT is greater than output VAT. Purpose of the Claim Every Taxable Person is required to file a VAT return summarizing the VAT due to the FTA for the tax period. When the input tax is greater than output tax on a VAT return, the Taxable Person is able to request a VAT refund after submission of the VAT return or at any later time when there is a credit owed to them. Timeframes for repayment Where the Taxable Person makes a claim for a refund of excess refundable tax, the FTA will within 20 business days of an application being submitted, review the application and notify the Taxable Person of its decision to accept or reject the refund claim. The FTA may notify the applicant that it requires a longer period than (20) business days to consider the application where appropriate. Submitting the Claim 1. Login to the FTA e-Services Portal. 2. Initiate the form: go to the ‘VAT Tab‘ and then go to ‘VAT Refunds’ tab. Click on ‘VAT Refund Request’ to access the form. 3. Complete your Refund Form: Fill in the form field by field. Note that some of the fields are pre-populated using the information contained in your account User Profile. Please ensure that the information is correct before completing the form. 4. Submit the Claim: using the ‘Submit’ button. You will receive an email notification from the FTA on the result of your application. Once your claim is approved, the amount will be returned within 5 business days. 5. Verify your balance post the approval: Once you receive a confirmation email of the refund, you may check your balance through the ‘My Payment’ tab under the Transaction History section. 1
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Article (2)
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Article (2) Cancelation of Retailer’s Participation The FTA may cancel the participation of any retailer who is participating in the VAT Refunds for Tourist Scheme in the event that the Retailer does not fulfill the obligations imposed on the This is an unofficial translation Retailer, whether these are tax obligations in accordance with issued tax legislations or the obligations stipulated in the contract between the Operator and the Retailer.
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1 January 2023 onwards 2.6 Within 12 months of the issuance of the Mosque Operation Commencement Certificate from the Competent Authority Verification and audit process The FTA or the entity the FTA contracted with for purposes of the Mosque refund verifications (“Verification Body”)9 will verify the eligibility of the Donor to recover the VAT incurred on the qualifying goods and services (see paragraph 2.4.2) and audit the submitted supporting documents.10 The verification and audit procedures may, for example, include the following: • Verifying the amount of input tax paid by the Donor based on the supporting valid tax invoices and proof of payment submitted by the Donor; • Requesting further information to determine the particulars of the supplies to ascertain whether the VAT incurred on the goods and services was incurred directly in respect of the construction of the Mosque.11 After the verification/audit procedures are completed, the FTA either accepts or rejects the refund request. If the request is accepted, the FTA will refund the verified amount of VAT.12 2.7 Retention payments The Donor may submit a subsequent refund request in respect of a retention payment relating to the construction of a Mosque, if the retention amount is paid after the original refund request was submitted in accordance with paragraph 2.5. Such request may be submitted within one year from that date the retention amount was paid. This refund request must be supported by a valid tax invoice as well as proof that the retention amount (including VAT) was paid. 9 10 11 12 Defined in Article 1 of Cabinet Decision No.82. Article 3(3) of Cabinet Decision No. 82. Article 3(4) of Cabinet Decision No. 82. Article 3(5) of Cabinet Decision No. 82. VAT Guide | Refund of VAT Incurred on the Construction and Operation of Mosques| VATGRM1 7
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
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