VAT Guidelines for non-resident providers of digital and remote services has been saved
VAT Guidelines for non-resident providers of digital and remote services
On 22 March 2023, Decree No. 160 of 2023 titled "VAT Guidelines for Digital and Remote Services Provided by Non-Residents" was published and is effective from 23 March 2023. The guidelines simplify VAT registration and filing procedures for non-resident vendors and operators of electronic distribution platforms (EDPs) providing “remote services” to consumers (B2C) in Egypt.
As per the new regulations, non-resident vendors and operators of EDPs providing remote services to Egyptian B2C customers must register under the “Simplified Vendor Registration Regime” (SVRR).
- Non-resident e-service providers mentioned above must now submit registration applications through the Egyptian Tax Authority (ETA) portal if the below threshold is met or exceeded.
- The Simplified Vendor Registration Regime (SVRR) is currently in effect but will only apply to e-services starting from 22 June 2023.
- To register through the ETA's portal, foreign taxpayers must provide information about their registering entity, including:
- Country of incorporation
- Tax residency
- National tax identification number
- Registered address
- Contact person's name, email address and cell phone number
- Its URL.
- Upon completion of the data, the applicant will receive a registration number and certificate via email within 10 days.
- Once registered, foreign taxpayers can file a VAT return and pay the relevant VAT due within the month following the taxable period's expiration.
- The standard VAT rate of 14% applies to all services, except for professional services subject to a 10% rate.
- The SVRR registration requirement for non-resident e-service providers is applicable only if their revenue in Egypt meets or exceeds EGP 500,000 within a 12-month period.
- However, professional and consultancy services providers must register under SVRR from the outset, regardless of the sales amount they make in Egypt.
Scope of “Remote Services”
- The updated regulations stipulate that only B2C transactions are covered by the SVRR.
- The “remote services" definition comprises services that are sold online/digitally through either of the following:
- A portal/application owned by the non-resident “service provider”; or
- An EDP utilized by the same.
- Depending on the above, variations will arise concerning the party liable to bear the VAT, as follows:
- If the non-resident vendor utilizes its own portal/application to render the “remote services”, then it is incumbent upon the vendor to register through the SVRR.
- On the other hand, if the non-resident utilizes an EDP to render its services, the liability to register falls upon the EDP.
Out of Scope Services
The following “on-the-spot” services, since they require the physical presence of a customer in a specific location to receive it, do not fall under the scope of “remote services” even if booked online:
- Hotel booking services
- Physiotherapy services
- Entertainment and sport events entrance
- Passenger transportation
- Restaurants and catering.
Risk Review and Penalties
Non-compliance with the registration requirements will mandate the ETA to commence a “Risk Review”.
- A Risk Review will result in the ETA registering the foreign digital service’s supplier, assessing the due VAT, and applying the related penalties. Please note that such penalties are yet to be determined.
- Further repercussions may also include the banning of importation of commodities and services until the aforesaid debt is settled.