Article 53 of Cabinet Decision No. (52) of 2017 on the Executive Regulation of the Federal Decree-Law No. (8) of 2017 on Value Added Tax (“VAT Executive Regulations”) stipulates input tax which is non recoverable by businesses (which, in most will mean Taxable Persons). Which would be recoverable under normal VAT rules

Summary

There are a number of circumstances in which businesses have sought clarity over the definition of ‘entertainment’ for the purposes of the input tax restriction, and in particular what should constitute entertainment of staff or business contacts as opposed to incidental business-related expenses This Public Clarification explains the application of Article 53 of the VAT Executive Regulations with regards to VAT which is non-recoverable in respect of entertainment or hospitality of any kind. VAT incurred on any costs which are used for a genuine business purpose, or which are incidental to a business purpose e.g. food and drink provided during a business meeting, shall be recoverable (subject to normal VAT recovery rules). However, where the hospitality provided becomes an end in itself and could be construed as the purpose for attending an event, such costs will be considered to be entertainment in nature and the VAT incurred shall not be recoverable. More information on how to define whether costs are incidental to a business purpose, or considered to be an end in themselves, is provided below.

Entertainment provided to non-employees 

Designated Government entities

Article 53(1) (a) of the Executive Regulations specifies that a Designated Government Entity ( (which is specified in a Cabinet Decision) is able to provide entertainment services to anyone or not

Employed by the entity and shall be able to recover the input tax incurred on those costs.   This exception for Designated Government Entities only applies to entertainment provided to nonemployees. For example, the following forms of entertainment would be considered to be in the course of the activities of the Designated Government Entity and any VAT incurred should be

• Meetings with representatives from other Government entities to discuss official business, where refreshments are provided;
• Ceremonies held to mark significant political events e.g. the signing of an international agreement, where          entertainment is provided to the audience.

See below for further comments on entertainment services provided to employees.

VAT registrants who are not Designated Government Entities

Input Tax shall be non-recoverable if it is incurred by a person in respect of entertainment services  provided to anyone not employed by the person  (see below for further comments on entertainment  services provided to employees), including:

• Customers;
• Potential customers;
• Officials; or
• Shareholders, or other owners or investors. Recover the input tax incurred on those costs. This exception for Designated Government Entities only applies to entertainment provided to nonemployees. For example, the following forms of entertainment would be considered to be in the course of the activities of the designated meetings with delegations from other countries where lunch or dinner is provided;

VAT incurred on such costs shall be blocked from recovery in full.

This rule shall apply even where the business makes fully taxable supplies and would otherwise have the right to full input tax recovery.

2. Where it is a legal obligation to provide those services or goods to those employees under any applicable labour law in the UAE
3. Where it is a legal obligation to provide those services or goods to those employees under any applicable labour law in the UAE or Designated Zone in which the entity is;
4. it is a contractual obligation or documented .2 policy to provide those services or goods to those employees in order that they may perform their role and it can be proven to be normal business practice in the course of employing those people; or
5. Where the provision of goods or services.3 a deemed supply under the provisions of the Decree-Law.

For example, where a new employee joins a business and is provided with hotel accommodation for a short initial period prior to finding their own accommodation, this would not be considered entertainment and the VAT incurred on such costs would be recoverable, as this cost is necessary for the person to perform their role.

However, where a business organizes a lunch or dinner for employees e.g. a Ramadan Iftar, this would be considered to be entertainment and the VAT incurred on such costs would be blocked from recovery.

Definition of entertainment services

Food and drinks “in the normal course of a meeting”  The FTA considers that certain hospitality and entertaining expenses should be classed as business expenses which should not give rise non-recoverable input tax under Article 53

Where simple hospitality is provided in the normal course of a business meeting e.g. where simple food and refreshments are provided during course of a meeting, the cost is considered to be recoverable.

The FTA considers the following criteria is of simple hospitality provided during a meeting:

The hospitality is provided at the same venue as the meeting; if the meeting is interrupted, only by a short break for the provision of the hospitality and then resumes as normal e.g. a lunch break;

the cost per head of providing the  hospitality does not exceed any internal policy the business normally has in place around employe subsistence claims, where available;

The food and beverage provided is not accompanied by any form of entertainment e.g. a motivational speaker, a live band etc.

However, where the food and refreshments are considered to be so substantial that they would constitute an end in themselves and may have encouraged someone to attend the meeting, the input tax incurred is non-recoverable. For example, a gala dinner event with a short introduction by a speaker would not be considered to be food and beverage in the normal course of a business regulation Meeting and the input tax incurred on costs would be blocked from recovery, where no charge is made for attendance.

Conference and Business events Recoverability of input tax in respect of costs incurred for catering services during conferences and business events would be dependent on whether any fee is charged from the attendees, as detailed below:

1. Where a fee is charged and VAT is accounted on the same, the input tax incurred on catering services would be recoverable on the basis that there is attributable to making taxable supplies.
2. Where no fee is charged, the input tax related to catering services will be blocked as this situation will fall within the scope of Article 53(1) (a) of the Executive

Where the business cannot establish or is uncertain whether or not hospitality is provided in the normal course of business meeting, it should refrain from recovering