The Federal Tax Authority (FTA) has released a Public Clarification providing guidelines on the VAT treatment and value of supply for barter transactions. The key aspects for the clarification are summarized below:
- Barter Transactions
- Transactions involving exchange of goods and/or services in exchange of other goods and/or services instead of settling in cash. Under a barter, the supply of goods/ services by each party are considered as separate transactions. Accordingly, unlike a monetary transaction, barter transactions involve at least two supplies, i.e. each party makes a supply to the other.
- VAT Applicability
- Each party making the supply under Barter shall charge the VAT at applicable rates (5%,0%, exempt or out of scope) depending on the nature of the supply. Since there is no/ only part consideration involved, special valuation rules apply for the goods/services exchanged as a part of the barter.
- The value of supply is the sum of any monetary consideration received for the supply and the market value of the non-monetary part of the consideration (excluding the tax amount)
- Market Value
- The following principals shall apply in order of priority to determine the market value of non-monetary part of the consideration:
- Same Supply: Monetary consideration which the supply would generally achieve if supplied in similar circumstances at that date in the UAE, being a supply made between unrelated persons. For example:
- Marketing services provided by a social media manager valuing AED 1,000 to a restaurant against a monetary consideration of AED 900 and a meal coupon of AED 100 from the restaurant
- The value of supply for the social media manager would be AED 1,000 (to be considered inclusive of VAT) for the value of services
- The value of supply for the restaurant will be AED 100 (to be considered inclusive of VAT) for the value of meal voucher
- Similar Supply: Monetary consideration which a similar supply would achieve if supplied in similar circumstances at that date in the UAE, being a supply freely offered and made between unrelated persons. For example: A farmer bartered seeds for a tomato crop from another farmer. The specific tomato type is not sold in the market. However, a similar tomato variant is commonly used as a substitute and is sold by another farmer at AED 50,000. The market value of the barter supply is AED 50,000.
- Replacement cost: Market value shall be determined by reference to the replacement cost of identical goods or services, with such supply being offered between unrelated persons
- Tax Invoice:
- All the parties to the barter are required to comply with the tax invoice requirement i.e., issue and deliver a valid tax invoice to the recipient of goods/services
- The businesses should carefully examine the nature of barter transactions undertaken (like product/ service swap transactions with or without a consideration) and impact of VAT on such transactions.