Understanding VAT in Dubai’s Real Estate Market: What Investors Should Know

Real estate in Dubai has always enjoyed the reputation of being the hub of a fascinating economy and a mirage of investment options. The region attracts investors across continents willing to avail themselves of the frank tax incentives, investor-friendly policies, and possibilities of high return on investments (ROI). However, before the actual step of entering the market, an investor should be well versed in the legalities and taxation regime concerning real estate business in Dubai, most importantly, concerning VAT consequences.

Bringing VAT into Dubai

VAT was introduced in the year 2018, which is a very important landmark in the economic policy of the country. Although Dubai was known to stand free of income tax and capital gains tax, the introduction of VAT brought a new dimension concerning real estate investment. One should know about the application of VAT on various property transactions before making any attempt to invest in Dubai’s booming real estate.

What VAT?

VAT is simply, a tax levied upon the supply of goods and services. In the real estate sector, the tax is levied on the sale or letting of properties. However, the application of VAT depends on the nature of the real property. Investors need to be cognizant of the differences for them to succeed in the market.

Value Added Tax Application on Residential Properties.

These forms of residential buildings such as villas, apartments, townhouses, and all other forms of residential housing are absolutely not residential buildings subjected to VAT. The first sale or lease made within three years of construction of the residential building is exempt from VAT and developers can recover VAT paid during construction. Initial supply of residential building in zero-rating augurs well for developers and makes investment very attractive.

After the first three years, although VAT exemption still applies to residential property, developers can no longer reclaim the VAT incurred on building. As such, the policy encourages new residential building under the guise of relief with regard to cost in the initial phases.

Other Exemptions and Resales

For resale properties, VAT does not apply either. However, investors must pay VAT on connected services as well as transaction-related commissions. For instance, tenants taking long-term rentals are not subject to VAT on their rent, though they may incur VAT charges for other service providers, such as utility suppliers.

Commercial Real Estate Transactions Charged VAT.

In contrast to residential property transactions, commercial property transactions are subject to the same standard VAT of 5% on sales and leases of office buildings, retail stores, and warehouses. All these taxes apply to all commercial properties, thus making investors factor out this additional charge from other costs as they consider their investment options.

UAE VAT legislation stipulates, in respect of capital asset valuation, that for assets above AED 5 million, the VAT situation becomes more complex for large commercial transactions. Therefore, those investing in the sector must ensure that they will sustain the economic burden of VAT.

Mixed-Use Property

In mixed-use projects that have a combination of residential and commercial areas, VAT is charged based on a proportionate basis. In such scenarios, the residential apartments remain exempt from VAT, while commercial sectors will be subject to the regular 5% VAT. This therefore comes with an extra layer of caution for investors looking into mixed-use projects.

VAT on Off-Planned Projects

Off-planned projects are those that are yet to be completed or are still under construction. Such projects fall into the category of VAT zero-rated. This means that VAT will not apply to the sale price of such properties. The investors will benefit from this since it provides some degree of capital savings for them during the process of acquisition. These properties are regarded as future supplies and VAT will not be charged until completion.

The result of VAT when compared with real estate investments

However, in spite of the imposition of VAT and its effects, Dubai will still make way to become a highly attractive location for real estate investment. Absence of income tax, capital gains tax, and inheritance tax will continue to prove Dubai as a favored among foreign investors for property investment. The VAT probably drives up the cost of purchasing commercial properties; however, these have not deterred investors because of a myriad of benefits in Dubai’s real estate market.

Benefits of an investor

Some of the positive aspects of the Dubai real estate scene for an investor include:

100 Percent Ownership of Property: Foreigners can own properties entirely without a local partner, which is a big advantage here as well.

Long Term Residency Options: Dubai Golden Visa offers long-term residency opportunities to property investors; hence making this investment more attractive.

High Potential Return of Investment: The never-ending demand for property, coupled with Dubai’s burgeoning economy and tourism sector, promises sweet returns for investors.

Timing and appropriateness of VAT details in relation to the various types of property will be very important for an investor in such a changing environment. The rapid growth of the real estate industry in which prospect investment exists makes Dubai enticing for anyone willing to gain in the real estate market.

Professional Advice Toward Your Real Estate Investment

Invaluable advice can be availed by someone entering the Dubai property market. Working with an experienced attorney specializing in real estate, in conjunction with VAT consultants, can help in the nuances of VAT and point to the best investment opportunities that meet the needs and objectives of the investor.