Excise Tax on Designated Zones: Clarification on Calculation of Financial Guarantees

As per the regulations of excise tax in the UAE, all registered warehouse keepers and those intending to register as warehouse keepers are required to provide a financial guarantee for each designated zone they are responsible for. From September 1st 2022, a new risk-based approach will be used to determine the financial guarantee amount. The new method implemented by the Federal Tax Authority (FTA) uses certain variables that will benefit compliant warehouse keepers, as a good compliance history leads to a lower financial guarantee amount.

Warehouse keepers need to understand the new method of calculating the financial guarantee amount for which they can seek advice from tax agents in Dubai. The Federal Tax Authority (FTA) has released a Public Clarification (EXTP008) that provides the warehouse keepers with a detailed explanation of how to calculate the financial guarantees for each Designated Zone in the UAE they are responsible for. Read ahead to know the new approach to calculating the financial guarantee amount:

New Steps to Calculate Financial Guarantees for Warehouse Keepers

The new methodology to determine the amount of the financial guarantee required for each Excise Tax Designated Zone acknowledges the tax-compliant history of the warehouse keeper. Tax agents in Dubai can assist you in accurately calculating the financial guarantee amount. The following steps must be executed to calculate financial guarantees for excise tax designated zones in the UAE:

Step 1: Calculate the Guarantee Base                                    

In the first step, you need to calculate the Guarantee Base based on the Excise Tax due on the average month-end stock over a period of twelve months. This must be calculated with respect to each Excise Good product in the Designated Zone to allow the appropriate Excise Tax rate to be applied. The month-end stock is defined as the stock of the relevant Excise Goods Product (“Product”) in the Designated Zone at the end of each calendar month during the relevant twelve-month period. You can calculate the average month-end stock by aggregating the relevant month-end stock over the relevant twelve-month period and dividing the total per Product by twelve.

Step 2: Calculate the Financial Guarantee Percentage

The FTA will determine the financial guarantee percentage using various factors such as the compliance history of the relevant taxable person and the Warehouse Keeper, as well as the financial situation of the person required to provide the financial guarantee. The FTA will determine the preliminary financial guarantee percentage based on residence status, compliance history, financial status, and the number of years the applicant is in operation. FTA-approved tax agents in Dubai can help warehouse keepers to navigate this step.

Step 3: Determine the Preliminary Financial Guarantee Amount

The preliminary financial guarantee amount will be calculated by applying the final financial guarantee percentage calculated in Step 2 to the Guarantee Base calculated in Step 1. You can ensure accurate calculations by seeking the assistance of tax agents in Dubai.

Step 4: Determine the Required Financial Guarantee Amount

The FTA will determine this amount by adjusting the preliminary financial guarantee amount if either the minimum or the maximum threshold applies. The minimum amount of financial guarantee is AED 175,000. However, if the preliminary financial guarantee amount per Step 3 is less than the minimum threshold, the required financial guarantee amount for the new registration or renewal of that Designated Zone will be determined as AED 175,000. The required financial guarantee amount shall be capped at AED 25 million if all of the below conditions are met. Remember that if any of the two conditions is not met, the upper limit of AED 25 million will not apply:

  • No excise tax assessments were issued by the FTA that resulted in an Excise Tax difference exceeding 5% of the total Excise Tax due as per the tax returns and declarations delivered in a year, during the five years preceding the date the FTA requested the financial guarantee
  • No previously submitted financial guarantee has been liquidated by the FTA during the five years preceding the date the FTA requested the financial guarantee in respect of the registration of the Warehouse Keeper’s new Designated Zone or the renewal of a registered Designated Zone
  • Neither the Warehouse Keeper nor any of its key employees was party to or facilitated tax evasion

Consult with the Best Tax Agents in Dubai for Excise Tax Compliance

The new method to calculate the financial guarantee amount will benefit compliant warehouse keepers, as a good compliance history leads to a lower financial guarantee amount. However, you can ensure the calculation is accurate by consulting with FTA-approved tax agents in Dubai such as Jitendra Chartered Accountants (JCA). JCA’s Excise Services in Dubai include Excise tax planning, Excise tax advisory services, Excise tax training and awareness to staff, and Excise tax registration support services. JCA has more than 20 years of experience, which may come in handy for you while managing various requirements related to excise tax, Value Added Tax (VAT) and the UAE corporate tax.