Federal Tax Authority: Bank Interest and Dividends Outside the Scope of VAT

The Federal Tax Authority (FTA) asserted that passively earned interest income from bank deposits and dividend income are outside the scope of Value Added Tax (VAT), and there is no requirement to report them in the VAT return.

VAT is a tax imposed on the import and supply of goods and services at each stage of production and distribution, therefore, VAT implications arise only when there is a supply – if there is no supply, there is no VAT implication.

The FTA explained that the Federal Decree-Law No. (8) of 2017 on VAT and its Executive Regulations have included specific provisions on what would constitute a supply of goods and a supply of services and also included a definition for taxable supplies. As such, where any transaction falls outside the scope of these provisions, it would, as a consequence, fall outside the scope of VAT. The FTA also noted that although Article (42) of the Executive Regulations outlines the tax treatment of financial services, stating that the payment or collection of any amount of interest and dividend is considered to be a financial service and is therefore exempt from VAT, this would only apply where there is, in fact, a supply.

The Authority had issued the “VAT Public Clarification on Bank Interest and Dividends” as part of its Public Clarifications service, which are available on the FTA website and seek to educate taxpayers on all technical issues surrounding taxes, allowing them to implement the tax system efficiently.

In a press statement issued today, the Federal Tax Authority noted that if, for instance, a retail business deposits its income into a bank account and earns interest on the deposited amount, and the said retail business does not do anything to earn this income aside from merely depositing the money in the account, it can then be said that the interest was earned passively. In this case, the retail business is not considered to have made a supply to the bank, and the interest income received is not a consideration for a supply, which, in turn, means that the retail business is not required to declare this income on its VAT return, as it is outside the scope of VAT.

The Authority noted, however, that the above position only applies to interest derived from bank deposits and does not have any bearing on the interest generated from extending loans or credit, which are exempt supplies for VAT purposes.