Manpower Salary Recharge
1. Company A recharging salary from company B located in UK. All the employees are on company A visa but working for company B.
2. Company A has entered into agreement with company B for providing manpower services and company B is paying directly to company A.
3. Company B is having a branch Company C in UAE, it is working on behalf of company B. All the supply from company C is on the name of company B.
Whether recharge of salary by Company A to company B will fall under zero rated supply? Or Company A shall issue tax invoice and charge 5% to company C (branch of company B)?
Replies
For the above to be zero rated, one needs to justify that the UAE branch is not involved in the manpower supply between A and B and do not receive any of this services or derive benefit from the same. Since it is mentioned that C is working on behalf of B and all its supplies are being invoiced from B, it could be difficult to justify that C is not closely related to supply made by A. If C is in anyway recipient of services by A, then supply will not be zero rated hence one may consider invoicing directly to C itself.
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