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TRADEMARK REGISTRATION OF ANY BRAND IN UAE
Commencing a new business requires enormous amount of planning but initially, having a mindset and deciding to start up a new business in UAE requires even more planning comparatively. Along with facilities and opportunities, there are responsibilities to be fulfilled and taken care of.
Starting up a new business involves consideration of several things, and Trademark registration Dubai is one of them. The first step after commencing the business is to register the trademark for your company. Your business is yours and it should remain yours without any ifs and buts.
Trademark Registration Procedure
Many people wouldn’t know this, but registration of trademark plays a significant role in business startup. Customers often tend to get attracted towards appealing and pleasing trademark/logo.
A name, symbol, company name or anything suitable would work for an appropriate presentable trademark. The next step after picking a name for trademark of the company is to proceed for trademark registration. This does not end the process here. There are other initial processes which could be beneficial for the company and help the business to stand out.
The intellectual property you own in Dubai should have its own peculiarity and should be recognized amongst other individuals.
Registration of Trademark in Dubai
Before proceeding with the trademark registration in Dubai, you need to have a good idea about the intellectual property and how it is dealt with. After that, you can go for brand registration in UAE.
Prior to trademark registration, you should be having a good idea on intellectual property and how to deal with it. Thereafter, you could continue with brand registration in UAE.
Intellectual property
Intellectual property can be described as a property or an asset of an individual which has been brought into actuality by human minds creativeness and originality. Intellectual property rights could be attained for any process, idea, design, invention, formula or trademark.
Once the intellectual property rights have been obtained by an individual, no other person would be permitted to copy it without intellectual property owner’s permission.
Importance of Trademark
Trademark registration is crucial due to the competitors in the market. There are several people working in the market and hence, it’s important to distinguish yourself and your business from other businesses and business owners. Trademark thus, helps to identify your business and yourself among thousands of brands in the market. A trademark is a public recognition of any business and any sort of compromise with its identity is not beneficial or favorable for any enterprise.
Benefits of Trademark Registration
Sole Proprietorship
If an individual invests in his/her business, they also deserve the rights for its ownership solely. Getting trademark registered gets you sole ownership of your business. Trademark registration distinguishes your business from other brands along with getting you the proprietary rights. This is, therefore, one of the most inexpensive and legal ways of certifying the business ownership in UAE.
The second most prominent advantage of registering trademark in UAE is that you could be carefree and not constantly agonize over people stealing or copying your brand name since all the service offered in your business would be under your name.
Global Ownership
Your business does not just get protected from such embezzlements on national level, but also entirely on global level. Trademark could get you internationally and worldwide unique business recognition in few easy steps.
Subsequently, this would make it easier for your consumers to identify and distinguish you from other brand names. This, in turn, becomes a great achievement for your business since you would now be able to protect your business and trademark globally and not just nationally in few locations.
No More Duplicity or Stealing Your Brand Name
Trademark registration would enable you to maintain disclosure and reserve rights for your business. Your trademark will, therefore, appear during trading or dealings made for your products or services
Additional Brand Value
Your brand gets to have more value because of trademark registration. This attracts more customers because they start seeing you as a potential brand.
Lastly, your brand becomes more valuable on registering trademark. Due to its uniqueness and exclusivity, your brand tends to develop and appear as a potential brand and henceforth, attracts more customers.
Experts at Executive Business Solutions are committed to providing the best Advisory Service in the UAE to clients in compliance with the rules and regulations of the UAE having their international experience. The Tax team at Executive Business Solutions is professionally equipped with relevant industry experience from different ends of the globe.
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AUDITING STANDARDS FOR PRIVATE COMPANIES
There are different rules and legislations present in the UAE for different companies. Factors such as Company License, Company Structure etc. decide the various standards of the company. Therefore, the auditing standards for various companies are different as well. Companies need to keep all requirements in check in order to not face trials and penalties in their future.
Private companies have different audit standards compared to public companies. These standards are less strict comparatively and that is due to disclosure requirements. They have fewer complex regulations as they must deal with a lot already and can’t handle the added burden of audits.
GAAP (Generally Accepted Accounting Principles) is necessary
GAAP is a must for companies in public and Private sector and it needs to be fulfilled.
It is to be kept in mind by the companies that they do not have to avoid the gap no matter whether they come in the public sector or the private sector. In both the cases, GAAP is a must and it should be fulfilled properly as well. Every company must present the GAAP-compliant audited financial statements. Private companies need to comply to GAAP to satisfy lenders, insurance companies, other shareholders etc. Private companies often do not issue audited financial statements because they must reduce their taxes as much as they can. Tax Returns and unaudited statements are prepared for this reason.
Private Council
The Financial Accounting Standards Board (FASB) issues GAAP standards for the public. They were especially created for the private and non-profit organizations. The main reason behind this was to ensure that companies follow GAAP standards, but it ended up being complex and economically costly for smaller companies. The main reason behind this was to make sure that the companies may follow the standards of GAAP, but it came out to be more complex and of more economic costs for the companies especially the smaller companies. Therefore, the Private Company Council (PCC) was created so that areas where GAAP is irrelevant for private companies, the changes can be made to that area.
Accounting Framework
This was created for the companies which are not too big or of medium sized so that they can use this tool in case they are not subjected to GAAP. This makes it easier for smaller companies to process their accounting work efficiently and gradually. It’s a lot like GAAP but the hot-button issues have been removed.
More Notions and ideas
The financial statements of small companies do not conform with GAAP; therefore, they prepare financial statements in cash or other cash modified basis. Some companies even disclose the financial statements in ways that do not comply with GAAP. companies even disclose the financial statements in different ways which surely do not comply with GAAP. This is less expensive, and they are not viewed as a burden along with allowing few disclosures due to the simplicity.
Excess Complexity
GAAP is more complex for the small or private businesses due to the employee stock option obligation. Companies had to report the employee stock and calculating the intrinsic value (the difference b/w the strike price of the stock and the market price of the stock) of the employee is quite complex. Most private companies do not have such information available with them as they have no idea about the stock rate of the market. The companies with outstanding warrants will then have to hire the experts for calculation of such values.
Chartered Accountants at Executive Business Solutions are committed to providing the best Audit Advisory Service in the UAE to clients in compliance with the rules and regulations of Audit in the UAE having their international experience in Audit. Audit
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Significant Changes In The UAE that will affect business setups
The year 2019 has already seen a lot of changes in laws and regulations in the business and banking industry. New tax laws, variations in the Central Bank’s guidelines and changes in the bank compliance criteria can be labeled the major ones.
Budding entrepreneurs planning to start or expand their business in the UAE will have to keep up with the following changes to ensure smooth flow of activities;
- Banking Regulations are tightening across UAE;
The UAE Government have made announcements that obligated companies to adapt quickly to hold their position in the market. Ever since the introduction of VAT in the UAE, companies have had to change their ways in how they negotiate with customers and suppliers. There has also been an impact on their price structures, cash flow, and business processes ever since VAT.
The excise tax was introduced prior to VAT and as a major change, The UAE government has joined hands with over 100 countries to establish a Common Reporting Standard (CRS). This commenced an exchange of information between various tax authorities which increased transparency. Under CRS, the UAE Central Bank demands the Local banks to be stricter and more precise in their diligence and compliance operations. An Ejari (lease agreement) and DEWA bill will be needed to back your VISA and EMID, for the bank to serve a resident for non-exchange.
It is recommended to stay up to date with the country’s laws and legislation as news quickly becomes outdated on the internet. It is also recommended to business owners to stay at the top of their game in terms of country laws and news as the UAE is moving far ahead with times and is accordingly creating opportunities for FDI.
Dubai and Abu Dhabi are becoming the country’s International Business Hub for new businesses: Due to the impact of these tax and banking regulations, there is an evident shift in the location chosen by companies to base their office. In order to open a Corporate account, you need to provide your UAE residency Visa and Emirates ID. You will need to have a local corporate address as a signatory as a
The Northern Emirates are not as cost-effective as they were in the past.
The E-channel Immigration System is an integrated immigration system implemented in 2017. The Northern Emirates has also introduced the system and has been in five emirates, but Dubai and Abu Dhabi continue to use their own self-regulating ones currently.
The E-channel offers many benefits such as Online Processing and faster approval, but it also brings in a lot of expenses which would be around 7,000- 8,000.
For example, in the Ras Al Khaimah Economic Zone, Registration alone costs AED 2,000. Along with that comes a guarantor fee of AED 5,050. Then annual registration cost would be around AED 1,200.
Due to the Northern free zones’ charges, businesses look to locate in Dubai and Abu Dhabi. This is also not an easy choice as the location of your business depends on numerous factors; the field of business activity, scale of operations, visa requirements, capital to be invested etc. The UAE government is also introducing a dual license that allows companies to hold one license to run their business inland and another to run in a free zone without an office space. This gives the companies more choices but also makes decision-making complex.
- Banks favor different business activities;
Business activity field is more scrutinized by banks in 2019 based on what’s deemed ‘high-risk’ or ‘vague’ activities. Certain nationalities are also viewed as riskier compared to others on a geopolitical view. This leads to background checks and more compliance papers. Which eventually leads to higher costs or even rejection of your application due to the absence of necessary supporting documents.
It is advised to contemplate well over how a business describes their operations. The company may come across problems in the future during audits or face questions about their suppliers and clients and they may have to pay fines as well.
Over the past years, UAE has transitioned immensely in terms of its economy and legislation.
You can consult with us to stay up to date with these transitions as Executive Business Solutions vows to offer one of the most reliable services in Company Formation and help you along the steps involved in its procedures. With our knowledge of dealings with local banking regulations, you can ensure that your new venture will be off to a good start.
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BAD DEBTS UNDER VAT
A Bad Debt is a loss that a company incurs when credit that has been extended to customers becomes worthless, either because the debtor is bankrupt, has financial problems or because it cannot be collected.
During a transaction, the registered supplier charges VAT to the customer which is shown as output vat in its vat return. This amount is usually paid to the tax authority during the respective VAT period.
Article 64 of the Federal Decree Law No. (8) of 2017 on Value Added Tax in the UAE, mentions on the matter of adjusting bad debts. A supplier can decrease the output tax on a bad debt if the following conditions are met: –
- 1. The receivable amount is written off as bad debts from the books of accounts.
- 2. The customer needs to be notified that this amount has been written off.
- 3. This receivable amount should be more than six months old from the date of supply.
When the above conditions have been met, the supplier can then request for the refund, through UAE VAT Return by adjustment, from the FTA.
From a registered customer’s side, it is his responsibility to deduct the input tax that he has already claimed in previous VAT Return.
Disclosing VAT on bad debts in the UAE Vat Return
- Supplier: On the UAE VAT Return form, there is a column labelled adjustment under the section “VAT on sales and other output 1a to 1g”. Once the bad debt has been adjusted, the output tax is treated in this column. The VAT amount need to be entered here which is always a negative figure. It is to be deducted from the total output VAT for the specific VAT Return period.
- Customer: If the customer has been notified that his payment has been considered as Bad Debt by the supplier and is going to recover it through his VAT return, the customer will also have to adjust the amount in their VAT return form as well. The adjustment column under section “VAT on Expenses and all other Inputs, line no. 9 – standard rated expenses” is used for this. The VAT amount on the bad debts that the customer has not yet paid but initially claimed as input needs to be subtracted from the current period input tax.
Reporting the Refund of Bad Debts under VAT Return
The disclosure requirement can be explained by the following example:
DEF LLC sold AED 2M worth of goods to JKL LLC on 1/1/2018. JKL LLC paid 3 postdated Cheques against the sales:
- AED 800,000/- dated 31.01.2018
- AED 600,000/- dated 28.02.2018
- AED 600,000/- dated 31.03.2018
AED 800,000/- was cleared on due date, whereas the other two Cheques were bounced back.
If JKL LLC refuses to pay AED 1,200,000/- as the balance amount, on the expiry of 6 months from the date of supply, DEF LLC is eligible to reverse the output tax on the bad debts which was paid beforehand. The balance amount AED 1,200,000/- need to be written off as bad debts in their books of accounts and AED 60,000/- as its VAT to reverse the output tax. DEF LLC will then have to notify JKL LLC that the amount has been written off.
On being notified that the amount has been written off, JKL LLC has to reverse the input tax credit previously availed. They can reduce AED 60,000/- from the input tax credit displayed under line no. 9- standard rated expenses by disclosing under the column adjustment.
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Public Transportation Clarification by FTA
A public statement was made by FTA to clarify on the treatment of public transportation under the UAE VAT Law, and identify what all vehicles are qualified to be treated as zero-rated under the law.
According to the Clause (4) under Article (45) of the Federal Decree-Law No. 8 of 2017 on Value Added Tax and the Article (34) of Cabinet Decision No. 52 of 2017 on the Executive Regulations (“VAT Executive Regulations”),
“The supply of the means of transport shall be subject to the zero rate in the case of a supply of bus or train that is designed or adapted to be used for public transportation of ten or more passengers.”
Therefore, the supply of a bus or train intended for the use of public transportation of ten or more passengers qualify under the law. Other means of transport intended for the purpose of transporting school students or employees of companies are not counted and will be subject to the standard VAT rate of 5%.
To further clarify on what is labeled as Private and Public Transportation under this law;
Private Transportation refers to all means of transportation designed for the role of transporting individuals under contracts. They are used for the transport of a specific group of people and the supply of such transport will be taxable.
Public transportation refers to all means of mass transportation used to transport individuals regardless of their category. The difference is that public transport should be available to the public unconditionally.
The following are the factors used to classify means of transport as Public: –
- The passengers pay for transport use or they possess a ticket from which a payment scanner or any such devices will obtain money from.
- There is a significant branding within or outside the vehicle indicating its availability to all.
- There is significant branding on the vehicle indicating its regulation by the public transportation regulating entity of each emirate.
- The means of transport was made solely with the intention of transporting the general public, with no exceptions or limitations to any groups.
School buses, Employee buses, Shuttle buses are therefore not exempted and will be subject to the standard rate of VAT.
Furthermore, transportation services shall be governed by Clause 4 of Article 46 of the VAT Law and Article 45 of the Executive Regulations which state that any supply of local passenger transport shall be exempted and encompasses motor vehicles such as taxi, bus, railway, tram, monorail etc. which are designed for the transport of the general public are to be zero-rated.
VAT Experts at Executive Business Solutions are committed to providing the best VAT Advisory Service in the UAE to clients in compliance with the rules and regulations of VAT in the UAE having their international experience in Taxation. The Tax team at Executive Business Solutions is professionally equipped with relevant industry experience from different ends of the globe.
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