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Article 55 of the Federal Decree-Law No. 8 of 2017 on Value Added Tax (“VAT Law”) prescribes the time-period within which input tax should be recovered by a taxable person.
This Public Clarification clarifies the FTA’s position relating to the interpretation of Article 55 of the VAT Law and discusses the time-period within which the input tax must be recovered.
This Public Clarification also discusses the recourse available to taxable persons in the instance where input tax is not recovered within the prescribed time-period.
Input tax must be recovered in the first tax period in which two conditions are satisfied:
a. the tax invoice is received; and
b. an intention to make the payment of consideration of the supply before the expiration of six months after the agreed date of payment is formed.
Upon receipt of a tax invoice, a taxable person can recover input tax only when an intention to make the payment within a prescribed period is formed.
Therefore, if the intention to make the payment isformed in a tax period which is later than the tax period in which the tax invoice is received, the input tax can be recovered only in the later tax period.
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