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All You Need To Know About Internal Audits
January 25, 2023
Fortius Team
A notebook with drawings about Internal Audit.
In the current business climate, internal audits have become significantly important. Ensuring optimum business processes and compliances is simply impossible without high-quality internal auditing mechanisms in place. Leading business advisory services such as Fortius provide businesses with qualified and experienced auditors for this purpose. Internal auditors assess risk management practices, governance, and internal control processes. This helps the company anticipate and identify probable issues of all kinds, be it compliance, business processes, or even organisational control. The Basics of Internal Auditing Internal auditing, an independent management function, continuously evaluates an organisation's operations. By means of this assessment, it improves a company's processes, ultimately helping businesses reach organisational goals. Businesses in the UAE often employ auditing firms. However, separate internal audit departments within a company or organisation are also quite common. The Importance of Internal Auditing The purpose of such audits is, in a nutshell, to ensure that management's internal control mechanisms are functioning as intended. Management's strategy, processes, and tools for achieving the company's stated mission and objectives are all part of the internal control system—also known as administrative controls. Examples of internal controls are: Processes: for setting up and managing daily business activities. Systems: Metrics, reports, and constant monitoring are all made possible by systems. Actions: Measures taken by management to improve risk management and boost the prospect of reaching predetermined objectives. Why Do You Need Internal Audits? Internal auditing is performed for the purpose of assessing the effectiveness of an organisation's internal processes and making appropriate recommendations for enhancement thereof. The following tasks will be carried out by internal audit services as part of an internal audit of your company. Check that all the numbers add up and that the accounting and statistics are legitimate. Make sure that all purchases and sales of assets are authorised. Help in finding and stopping fraud. Verify that the obligations have been incurred solely for business purposes. Verify that all estimates and accounting policies are reasonable. Make sure there are sufficient internal controls. Evaluate the effectiveness of the entire system of internal controls. Types of Internal Audits The best auditing firms conduct inspections in a number of different internal auditing fields: Increasing the effectiveness of the corporation and its operations. Maintain accuracy in all forms of reporting- financial, tax, and management. Assurance that assets will be safe. Adherence and compliance with rules and laws. Each of the guidelines covers a wide swath of activity and aims to accomplish accurate conclusions about whether or not the data submitted satisfies the needs. It also ensures that the business is complying with all laws and requirements, providing accurate data, and poses no threat to the business. Internal Audits to Ensure Efficiency of Controls Internal audits have multiple functions in ensuring efficient internal control. Some of the primary ways in which this is achieved include: To help management focus its audit efforts, you must first conduct a risk assessment. Evaluation of controls can be useful for pinpointing areas where insufficient safeguards and procedures have been implemented. Having a thorough understanding of the insurance industry's methods and procedures, especially those involving the information technology (IT) systems used for processing high volumes of data, like claims and policyholder information, can be attained through thorough process walkthroughs and thorough documentation. Prove the controls are performing as expected by testing them. Reporting that includes findings and suggestions for bettering processes and controls. Now, let's take a look at why it's a good idea to conduct internal audits at your company and what benefits you can expect from doing so. Also Read: Auditing in the UAE- All The Crucial Factors Benefits of Conducting Internal Audits Internal audits are evaluations performed within a company to prove the efficacy of its processes and underlying operating systems. An organisation's processes and control environment can always be better, and that's why internal auditing is so crucial to any successful business. Let us take a look at the various benefits of internal audits. Enhanced Internal Controls Internal controls that effectively supervise, monitor, prevent, detect, and rectify irregular transactions, monitor operational efficiency, and maintain sufficient documentation are essential to the successful execution of business processes and procedures and the achievement of the associated goals. Reduced Accounting Errors Decrease the probability of material misstatement in the financial statements of the company. A company cannot produce trustworthy financial statements without some form of internal control or audit. Decreased Possibility of Fraud Internal auditing's primary function is to safeguard an organisation by identifying and eliminating instances of fraud and theft. By uncovering fraud, inefficiency, noncompliance with laws, and other unforeseen conditions like theft, an internal audit can protect a company from financial loss. Maximised Operational Efficiency To maximise productivity, businesses should perform regular, impartial audits of their policies and procedures to make sure they are being carried out as intended. As a result, the company can rest easy knowing that its guidelines are actually being followed. It gets rid of the potential problems that were anticipated. Optimised Compliances The internal audit function is responsible for ensuring that the company complies with all applicable laws, rules, and other legal regulations. Improved Resource Allocation Internal Audits ensure that available resources are being put to good use. The Internal Auditor stresses the efficient use of available resources. One way to determine how efficiently a business is using its resources is to monitor its output costs. Increased Reliability of Operations Improves dependability and continuity of operations through assistance from an internal audit in locating weaknesses in business plans and providing guidance on improving recovery procedures and contingencies. It's a great tool for fostering reliable relationships with clients, workers, and vendors. Streamlined Decision Making Benefits decision-making by providing an outsider's perspective on the company after the managers have been kept out of the audit and all the relevant data has been collected. Ultimately, this aids the company's upper management in making smarter choices for the future. External Audit Vis-a-vis Internal Audit The purpose of an external audit is to provide an independent opinion on
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The Impact of VAT Law Amendments
January 20, 2023
Fortius Team
A financial officer holding a magnifying glass over the VAT portion on an invoice, UAE dirhams banknotes and coins are also seen.
The UAE Ministry of Finance announced on October 28 2022, the issuance of Federal Decree-Law No. 18 of 2022 (Amended Decree Law), which amends Federal Decree-Law No. 8 of 2017. (Decree-Law). On the same date, the Federal Tax Authority (FTA) published the amendments on its website. The amendments will go into effect on January 1, 2023. The key modifications include but are not limited to: An extension of the general statute of limitations The inclusion of time limits for the issuance of tax invoices and tax credit notes Modifications to the applicability of domestic reverse-charge provisions Amendments to existing terminology The introduction of new terminology An Overview of VAT and Its Amendments VAT is a consumption tax imposed on domestic purchases and imports of goods and services. This helps the government to raise funds. The value-added tax is computed by adding the prices of all intermediate goods and services used in production and deducting any applicable discounts and refunds. As one of the most prevalent forms of consumption tax in the world, VAT is imposed on the vast majority of purchased and sold goods and services. The United Arab Emirates implemented VAT on January 1, 2018. The Decree Law has never been amended before. Let's examine the amendment to the Decree Law in depth. Specifics of the UAE VAT Law Amendment Twenty-four articles were amended, and one article on the statute of limitations was added, representing significant changes to the UAE VAT Law. Several amendments are intended to provide clarification, while others indicate a change in tax status (s). Consider the modifications made to the Federal Decree Law: Also Read: UAE Corporate Taxes: Elements, Rate Calculation & Exemptions Type of Change Statutory Amendment Definitions Definitions under Article 1 of the Amended Decree Law The below terms have been legally defined for the first time: Relevant charitable activity Pure Hydrocarbons Tax evasion Tax audit Tax assessment Voluntary Disclosure Tax Procedures Law Goods/ Services Outside the Ambit of VAT A new provision has been included in Article 7 wherein it is stated that the Executive Regulations may define any other supplies (other than the supply of vouchers or transfer of a business) considered outside the scope of VAT. Goods Subject to Zero-Rate Article 45 (clauses 4, 5 and 6) of the Amended Decree Law now includes the "import" of the following supplies which may be zero-rated (subject to prescribed conditions): Means of transport for passengers and goods Aircraft or vessels designated for rescue and assistance by air or sea Crude oil and natural gas Health care services, and related goods and/or services Recovery of Input VAT Two new clauses have been added to Article 55 regarding the recovery of input VAT which specifies the requirements for the taxable person to recover VAT paid or declared on the import of goods or services. Article 55 of the Amended Decree Law now outlines the documents required to support the recovery of input tax (including pre-VAT registration input tax) on the importation of goods and/or services. Article 57 of the Amended Decree Law now clarifies that the input tax paid by government entities, incurred for the purposes of sovereign activities and input tax paid by charities incurred for the purposes of charitable activities should be eligible for recovery. Output VAT Adjustment The output VAT adjustment stipulated in Article 61(1) covers the scenario where the taxable person applies an incorrect tax treatment. In such cases,the taxable person should now issue a tax credit note to adjust the output tax. Timeline to Issue a Tax Credit Note Article 62(2) on the mechanism for output VAT adjustment now specifies a condition that the taxable person must issue a tax credit note within 14 days from the date on which any of the instances provided in Article 61(1) occurs. Payment of Tax Article 65(4) requires mandatory compliance for the taxable person to pay the VAT to the Federal Tax Authority (FTA) in the event such a person issues a tax invoice stating VAT on it or receives an amount as VAT. Timeline to Issue a Tax Invoice Article 67(1) specifies the date of issuance of tax invoice under Article 26 (date of continuous supply) to be 14 days from the date of the supply. Registration exception and deregistration Article 15 regarding the exception to register will apply to registered persons besides non-registered persons. This is applicable if their supplies are zero-rated, or if they no longer make supplies other than zero-rated ones. Article 21 of the Decree Law concerning deregistration has been amended to empower the FTA to deregister a taxpayer for reasons other than those mentioned in the Decree Law. The related "controls and conditions" are likely to be outlined in the amended Executive Regulations which are expected to be released soon. Date of Supply in Special Cases Article 26(1) determining the date of supply in special cases includes the date on which one year has passed from the date on which the goods or services are provided, as one of the events to determine the date of supply. Applicability of domestic reverse charge Clause 3 of Article 48 specifies that the domestic reverse charge will apply to Pure Hydrocarbons The term "hydrocarbons" under Article 48 of the Decree Law has been replaced with the term "Pure Hydrocarbons." Furthermore, the term "Pure Hydrocarbons" has been defined to mean "Any kind of different pure combinations of a chemical equation made only of hydrogen and carbon (CXHY)." As such, the domestic reverse charge provisions will apply to "Pure Hydrocarbons" that fall within the new definition as opposed to "Hydrocarbons" of any kind. Place of Supply in Special Cases Article 30(8) regarding the place of supply in special cases, now states that the place of supply of transport-related services will be the place where the transportation starts. Place of Residence of a Principal Article 33 defines the place of residence of a principal to be the place of residence of the agent. Under the current VAT Law, it was stated
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UAE Corporate Taxes: Elements, Rate Calculation & Exemptions
January 10, 2023
Fortius Team
The UAE government’s announcement to implement corporate taxes from June 1, 2023, has aroused interest and curiosity in the country’s business world and among corporate tax consultants. Our article explores all the major and minor details of corporate taxes in the UAE. If you own a business in the UAE, you should pay attention to the nuances and intricacies of the UAE's corporate taxes. UAE Corporate Taxes: Let’s Understand Them Better Corporate Tax is otherwise known as Business Profits Tax or Corporate Income Tax. As the name suggests, it is a tax imposed on the total profit of a business or company based in the UAE. By implementing the corporate tax, the UAE government hopes to accomplish three goals: Strengthen UAE’s credibility as a major business hub. Prevent tax-related frauds and unwanted tax practices. Meet international requirements regarding transparency in taxation. Keeping these objectives in mind, the government has formulated corporate tax laws with several key elements, which we have listed below for your reference. Corporate Tax Rate You should be aware of the corporate tax rate in the UAE if you are liable to pay it. 9% for taxable income over AED 375,000 0% for taxable income up to AED 375,000 The government sets all UAE corporate tax rates. An OECD Base Erosion and Profit Shifting project, 'Pillar Two', specifies a different corporate tax rate for multinationals that meet certain criteria. 10 Prime Elements of Corporate Taxes in the UAE : A Quick Glance According to the laws of the United Arab Emirates government, the following elements comprise the core of its newly announced Corporate Taxes: 1. Corporate taxes are not applicable for foreign investors not involved in businesses in the UAE. 2. Qualified intra-group transactions and reorganisations will not be subject to corporate tax. 3. Businesses operating in free zones are still eligible for corporate tax benefits if they follow the rules. 4. A UAE-based business's capital gains and dividends from its related shareholdings will not be subject to corporate tax. 5. Businesses are subject to corporate tax on their adjusted accounting net profits. 6. International and domestic payments are not subject to withholding tax. 7. Emirate-level corporate taxation applies to resource exploitation. 8. Businesses can offset their corporate tax liability using foreign tax credits. 9. Companies can take advantage of loss transfer and utilisation laws. 10. Corporate tax is not applicable for those deriving income from: Real estate Stock investments Income from jobs Income from sources without connection to business activities in the UAE How to Accurately Calculate Corporate Tax What are the particulars that should be considered when calculating corporate tax? Well, calculating corporate tax after adjusting accounting profits will look like this: Particulars Amount (AED) Net Profit/loss as per the financial statement xx Add/Less: Adjustments as per the CT legislations xx Taxable Income Taxable Income up to AED 375,000 @0% (A) Taxable Income above AED 375,000 @9% (B) CT Liability A + B Less: Foreign Tax Credit xx CT Payable xx Among the most common questions business owners ask is, “Is my business subject to corporate tax in the UAE?” Since tax compliance is mandatory in the UAE, and corporate tax is levied at 9%, it is only natural to ask this question. Let’s explore these details. The Detailed List of Exemptions from UAE Corporate Tax In the UAE, corporate tax applies to all incomes earned with a commercial license. However, natural resource extraction businesses will be subject to Emirate-level corporate taxes instead of UAE Corporate Tax. We have listed below both individual and corporate exemptions from the UAE's 9% corporate income tax that will go into effect on 1 June 2023: 1. UAE-based individuals deriving income from: Employment. Freelancing income from professional, business, commercial and economic activities is permitted with a business license. Real estate investments made personally and not as a business. Any business or commercial activity for which the UAE law does not require a license or permit. Dividends, capital gains, and income earned from investments in stocks and bonds. Income and interest earned from savings and deposit accounts. Also Read: All You Need To Know About Internal Audits 2. For UAE-registered businesses Large-scale MNCs that meet specific requirements will have to pay higher corporate taxes, which are yet to be communicated by the government. Companies with registered income that does not exceed AED 375,000. UAE-based businesses earning capital gains and dividends from shareholdings. Companies registered in the free zone that comply with all regulations and do not conduct business with mainland UAE firms. ( These companies are also exempt from income taxes.) 3. Free Zone Companies Despite confusion about how the government plans to tax companies operating in the free zone, early reports have good news for them. To recognise the contribution of the free zone-based companies to the UAE economy, the new corporate tax regime will continue honouring free zone incentives. Hence, companies operating in the free zone that do not do business with mainland UAE companies will still have an advantage over those operating in non-free zones. 4. Offshore Companies Corporate tax consultants in the UAE are unclear whether offshore companies are subject to corporate tax. According to UAE's business advisory grapevine, offshore firms will follow the same rules as free zone businesses. Additionally, the requirements for audited financial statements from foreign companies may also differ. How UAE Corporate Tax Impacts Expense & Loss for Companies UAE-based companies that incur tax losses can now deduct these losses from future taxable income under the newly proposed UAE corporate tax regime. While the law allows the company to carry forward losses indefinitely, the loss itself cannot exceed 75% of taxable income. To qualify for this benefit, the company must maintain 50% of its shareholdings during the period in which losses are incurred until the end of that period. Additionally, several expenses are not deductible under the UAE's corporate tax regime. They are: Donations made to charitable organisations or public benefit bodies that are not recognised by the UAE government. Administrative
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