Weekly Spotlight Archives - Page 17 of 19

Qatar: Cabinet has approved a draft industrial zones law

29/10/201711/12/2019
by Benjamin Filaferro

This week the spotlight is on legal and regulatory developments in Qatar, where the country’s Cabinet has approved a draft industrial zones law and referred it to the Advisory Council for further consideration. It defines industrial zones as areas designated for industrial purposes in line with its provisions, including lands, installations and facilities erected on it. Under the law, the establishment of industrial zones will be decided by a Cabinet Decision following a recommendation from the Energy and Industry Minister and the relevant authorities in the country. All natural resources which appear or lie in the industrial zone territory will be State property and tenants will be adequately compensated for the loss of full or partial use of these lands. No industrial establishment will be able to be founded in the industrial zones without authorisation from relevant authorities in the State and after Energy and Industry Ministry approval.

The Cabinet also approved a draft law to protect national products and tackle any practices which may harm them internationally but in line with World Trade Organisation agreements. ‘Harmful practices’ are defined as ‘dumping, dedicated subsidy and increase in imports’. ‘Dumping’ is defined as ‘exporting a product to the country at a price below the normal value of its counterpart in the exporting country’. A committee to enforce the law will be established at the Economy and Commerce Ministry. Its members will have experience in WTO agreements and Ministry representatives and relevant entities. It will have the power to receive reports on violations of the law and review them as well as carry out the necessary investigations. It will also be able to propose appropriate measures and practices to be taken regarding complaints referred to it and submit relevant proposals to the Minister. In addition, they will be able to propose preventive measures to protect national products in line with the law. Based on Committee recommendations the Minister will take appropriate measures to enforce the law.

Weekly Spotlight: Oman has joined the Organisation of Economic Development’s Base Erosion and Profit Shifting framework

29/10/201711/12/2019
by Benjamin Filaferro

This week the spotlight is on tax developments in Oman, where the country has joined the Organisation of Economic Development’s Base Erosion and Profit Shifting framework. It aims to curtail multinational group tax avoidance and improve the resolution of tax disputes between countries. By joining it, Oman has agreed to adopt minimum standards developed in 2015 by the Organisation and G20 nations. The country will now have to adopt provisions to prevent tax treaty ‘shopping’, implement country-by-country reporting on multinationals and exchange country-by-country reports. It will also have to limit the benefits of any intellectual property or other preferential tax regimes established in Oman and will need to fully implement the mutual agreement procedures in its tax treaties with other countries to aid resolution of tax disputes. The Sultanate becomes the 103rd country to join the framework.

Elsewhere, the country’s Health Ministry has announced it is considering introducing a junk food tax following concerns over obesity and other related health issues in the country. It comes as Oman amongst the other GCC countries work towards implementing an excise tax on energy and fizzy drinks as well as tobacco. Ministry officials said the tax could see junk food prices increased from 100 or 200bz to 500bz.

DIFC has launched a consultation on Common Reporting Standard Law

27/10/201711/12/2019
by Benjamin Filaferro

This week the spotlight is on legal and regulatory developments in the DIFC, where the Dubai International Financial Centre Authority has launched a consultation on a proposed Common Reporting Standard Law (DIFC Law No. 7/2017) and Common Reporting Standard Regulations. The Consultation ends on 8 November 2017. The proposal follows UAE Federal Cabinet Decision No. 9/2016 where the UAE Federal Government committed to sign the Multilateral Convention on Mutual Administrative Assistance in Tax Matters and the Multilateral Competent Authority on Automatic Exchange of Financial Account Information. Article 5 of Federal Law No. 8/2004 (the Financial Free Zone Law) states ‘Financial Free Zones shall not do anything which may lead to a contravention of any international agreements to which the [UAE] is or shall be a party’. The DIFC therefore has to introduce the relevant regulatory regime.

Elsewhere, the Authority has launched a consultation on proposed new Trust and Foundation Laws. The consultation ends on 8 November 2017. The Authority is also proposing to establish a Family Business Centre. The Centre would support regional and international family offices who are looking to relocate private wealth and succession planning structures. The laws are aimed at boosting the conventional and Islamic wealth management sector.

Weekly Spotlight: the Implementing Regulations to the UAE Excise Tax Law have been approved

08/10/201711/12/2019
by Benjamin Filaferro

This week the spotlight is on tax developments in the UAE, where the Implementing Regulations to the Excise Tax Law have been approved. The UAE’s Finance Ministry has published the Implementing Regulations to the Excise Tax Law.

Cabinet Decision No. 37/2017 identifies who is liable to pay tax as someone who conducted the activity (importing, producing or stockpiling excise goods) has not settled the tax, someone in the supply chain, an investor with a financial interest in the supply chain, or the owner of the excise goods. In certain cases, the onus may be on a warehouse keeper to pay the tax, where excise goods have been released from a designated zone and the person responsible for the tax has failed to account for it to the Federal Tax Authority. A stockpiler will not be liable for the tax where they obtain excise goods before the date the Law comes into force if they are ready for release for consumption in the State where the tax has not been paid and not waived or deferred so long as the excise goods are not excess excise goods.

It goes onto clarify the controls and conditions required for applying for tax registration, like the Authority’s right to impose a financial guarantee on someone for tax registration purposes. If a taxable person fails to notify the Authority of their obligation to register for tax, the law allows the Authority to register them with effect from the date the Decree-Law came into force (1 October 2017). A tax period for excise tax will be the calendar month, where the taxable person is expected to submit their tax return no later than the 15th day of the month following the tax period. The Decree-Law says declarations must be filed regularly and tax records be kept in line with a set of requirements, like retaining price lists of excise goods produced, imported or sold and abiding by specific timeframes, limitations and conditions.

They have also issued a Cabinet Decision on excise goods, excise tax rates and how to calculate the excise price. Cabinet Decision No. 38/2017 goes into the specifics of the tax system. It says the agreed rates are 50% for carbonated drinks and 100% for tobacco products and energy drinks. It defines excise price as the higher of the price published by the Authority for the excise good in a standard price list and the designated retail sales price for the excise good, minus the tax included. It goes onto identify the designated retail sales price as the higher of the recommended selling price of the excise good identified, declared and affixed by the importer or producer and the average retail selling price.

Weekly Spotlight: Tax developments in Saudi Arabia

29/09/201711/12/2019
by Benjamin Filaferro

This week the spotlight is on tax developments in Saudi Arabia, where the Kingdom’s General Authority of Zakat and Tax has approved the Implementing Regulations to the VAT Law. It comes as the Kingdom prepares to launch VAT on the 1 January 2018. The Regulations set out the scope of taxation for certain goods and services, explain registration rules and eligibility of businesses for VAT, zero-rated and exempted supplies, the treatment of imports and exports, amongst other things. Decision of the Board of Directors of the General Authority of Zakat and Tax No. 3839/1438 was Gazetted in Saudi Arabia Official Gazette, issue 4689.

In a related development, the Authority also announced it has extended the VAT registration deadline for small businesses by an additional year. Businesses whose annual taxable supplies of goods and services do not exceed one million Saudi riyals will be exempt from the requirement to register by 20 December 2017. They will have until 20 December 2018 to register now. All businesses whose annual taxable supplies exceeded 375,000 Riyals had been told they were required to register for VAT. However, companies who have an annual taxable supply of goods and services over 187,500 Riyals can choose to register or not for input tax deduction.

Weekly Spotlight: DIFC Courts have launched a specialist division for Technology and Construction (TCD)

25/09/201711/12/2019
by Benjamin Filaferro

This week the spotlight is on developments in the DIFC, where the Dubai International Financial Centre Courts have announced they have launched a specialist division for the region’s technology and construction companies to resolve their most complex commercial disputes. The Technology and Construction Division (TCD) draws on specialist judges and industry-specific rules to fast-track dispute resolution in technically complex cases like complicated engineering disputes or claims arising out of fires. Parties anywhere in the world will be able to opt-in to the Courts’ jurisdiction, if both parties agree in writing. Requests to have claims heard by the Division are made as part of the initial filing, with the Courts’ decision based on the written evidence provided. It will be headed by Justice Sir Richard Field.

Weekly spotlight: Bahrain Central Bank has published new Sharia Governance standards

25/09/201711/12/2019
by Benjamin Filaferro

This week the spotlight is on regulatory developments in Bahrain, where the Kingdom’s Central Bank has published new Sharia Governance standards following extensive consultations with the industry and the Central Bank’s Centralised Sharia Supervisory Board.
The new standards will apply from 30 June 2018 and will affect all Islamic retail and wholesale banks in the Kingdom. Amongst other changes, for the first time an Independent External Sharia Compliance Audit will be mandatory. The first audit report will have to be issued in 2020 and will be based on the transactions, structures and activities of 2019. The new standards also clarify the roles and responsibilities of management and Boards of Directors in terms of Sharia compliance. The Sharia governance structure of an Islamic bank will have to have a Sharia Supervisory Board. The Board will need to have a Sharia Coordination and Implementation function, Internal Sharia Audit function and External Independent Sharia Compliance Audit.
Elsewhere, the country’s Labour Market Regulatory Authority has announced it is establishing a new business centre. The Distinguished Service Centre will provide employers with facilities at their workplace, without them having to visit the Authority’s headquarters or other branch. Employers will have to pay a fee to use the centre. A new special hall will also be opened at the Authority’s headquarters for businessmen, foreign investors, banks, local or international companies, or anyone else wishing to use its services. This will also incur an additional cost.