English text status

English translation published by the Legislation and Legal Opinion Commission. The Arabic text published in the Official Gazette remains the legal reference in the event of any discrepancy.

Practical summary

This is a broad residual rule: a Supply that is not a Supply of Goods is treated as a Supply of Services, subject to the examples and detail in the Regulations.

Who should read this?

Service providers and businesses dealing in rights, licences, facilities and non-tangible obligations.

Why does it matter?

The absence of tangible Goods does not put a transaction outside VAT. A right, licence, undertaking or agreement to refrain from an act may be a Service.

Residual ruleRights and licencesIntangible Services

Current text

A Supply of a Service shall be any Supply that does not constitute a Supply of Goods, in accordance with what the Regulations specify.

Is this a Supply of Services?

  1. 1

    First test whether the transaction is a Supply of Goods under Article (5).

  2. 2

    If not, identify the right, benefit or obligation received by the customer.

  3. 3

    Review the non-exhaustive examples in Article (5) of the Regulations.

  4. 4

    Then determine the time, place, value and VAT treatment.

Connected provisions

Official guides and tools

Illustrative example by Madar

Licence to use a trade mark

Granting a customer a right to use a trade mark does not transfer tangible Goods, but it falls within the types of Services listed in the Regulations. Place, time and VAT treatment must then be determined.

Questions to help you apply it

  • Did Goods pass, or did the customer receive a right or benefit?
  • Does the transaction involve a licence, undertaking or agreement not to act?
  • Which place and time rules apply after classification?