Place of supply or Digital service supply Rule

Hello Members, Given that my business uploads images on a platform, and customers from all over the world pay a subscription fee to view these images, there is some ambiguity as to which VAT rules the business should follow. General VAT place of supply of service regulations could apply, since the business is providing  service by allowing access to their image library. Or  the VAT rules for supplies of digital services may also be relevant, as the images are being accessed online and could potentially fall under the category of digital services. 

We are confused as should we adhere to the standard VAT place of supply of service rule, or should comply with the VAT rules for digital service supplies? We have just started and want to be clear. Thank you everyone for considering this question .

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Ali

19/05/2023 20:34:09
Replies
SAJITH N20/05/2023 15:17:50

Electronic services under VAT mean services which are automatically delivered over the internet, an electronic network, or an electronic marketplace. Such services should be provided automatically over the internet with minimal human intervention. The service described by you appears to fall within the list of electronic services as per Law i.e "supply of images, text, and information provided electronically, such as photos, screensavers, electronic books and other digitised documents and files". So if you have an online catalogue of images which your clients subscribe to access and use, then it should fall within above services and would likely be considered as taking place with minimal human intervention. You may refer the FTA VAT Guide | VATGEC1 - E-Commerce (refer Section 4 of the guide) available on the website to check and make sure you fall within Electronic services definition. If yes, then the place of supply will depend on use and enjoyment of the supply. For example, If your customer is based in UK access your platform and pays subscription fee then place of supply would be outside UAE hence out of scope of VAT. Please go through the guide to check if you meet the requirements.

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