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AI in Mergers & Acquisitions: A paradigm shift in streamlining deals for success

AI in Mergers & Acquisitions: A paradigm shift in streamlining deals for success
Imagine stepping back into the not-so-distant past, a time when Mergers and Acquisitions (M&A) were complex, and solved by people armed with experience and gut feelings.

Imagine stepping back into the not-so-distant past, a time when Mergers and Acquisitions (M&A) were complex, and solved by people armed with experience and gut feelings. Deals with every move carefully planned, and success often hangs in the balance of unpredictable market shifts. It was the era of handshakes and late-night strategy sessions – a world where human touch reigned supreme in the business tango.

Now, fast forward to the present, the global AI market is on a roll, growing at a breathtaking pace – from $100 billion to a projected $2 trillion by 2030. The M&A game is changing, and the change is powered by artificial intelligence. It’s not about replacing the old guard but about joining forces, creating a dynamic duo of human expertise and digital precision. The skeptics are slowly turning into believers, and the confidence in companies using AI to up their game is skyrocketing – 65% and counting.

Our story is about this shift, this evolution in the world of M&A. It’s about moving from handwritten contracts to computer-generated insights, from gut feelings to algorithmic precision.

The evolution in M&A Processes:

Analyzing data from financial statements and market trends to identify a target is a critical and time-consuming task in M&A. However, AI tools have streamlined and simplified this process by efficiently analyzing large volumes of data in a shorter time frame. This approach not only enhances efficiency but also proves to be a cost-effective method. Furthermore, AI contributes to cost reduction in various M&A activities by minimizing the reliance on manual labor.

When it comes to due diligence, a significant stage in M&A has undergone automation with the advent of AI tools. Tasks such as document analysis and review, traditionally reliant on human involvement, are now entirely dependent on AI. This shift not only diminishes the likelihood of errors or oversights but also results in significant time savings. For both buyers and sellers, the precise risk assessment facilitated by AI aids in making well-informed decisions regarding their deals.

In the realm of post-merger integration, the landscape has been transformed by the infusion of AI automation. Tasks such as data migration, employee onboarding, and process standardization now benefit from advanced tools that meticulously analyze datasets, recognizing trends, patterns, and insightful information. The incorporation of AI not only expedites the integration process but also significantly reduces errors. Beyond operational enhancements, this evolution allows for the seamless integration of strategic planning and value creation as complementary elements, enriching the overall integration experience.

Along with all these processes, ensuring legal and regulatory compliance in M&A processes is crucial but often involves significant time and costs. AI automation has simplified the task of mitigating risks by adhering to rules and regulations. AI tools now facilitate the review of contracts, legal documents, and filings, minimizing the likelihood of potential errors in the process.

Navigating the pitfalls of AI usage in M&A

Depending heavily on AI tools may undermine human capabilities, diminishing their effectiveness. Using flawed datasets can lead AI tools to draw inaccurate conclusions, raising concerns about their reliability. Also, the ethical dimension comes into play when integrating AI tools into M&A processes, particularly during due diligence. The potential for biases in language, algorithms, and sampling methods during this stage calls for careful consideration.

Your Strategic Mergers and Acquisition Partner

In the ever-evolving landscape of M&A, MS emerges as your indispensable service partner. We navigate the complexities of AI integration, ensuring your deals are not only effective but also ethical and reliable.

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How exceptional leaders prepare organizations for the AI-driven future 

How exceptional leaders prepare organizations for the AI-driven future 

In the wake of the AI revolution, our world is witnessing an unprecedented surge in technological advancements, driving artificial intelligence (AI) into the forefront of innovation. The once speculative capabilities of AI models are now unfolding rapidly, leaving us not to question what AI can do, but rather pondering what it can’t. This transformative shift assures to reshape the way we work, learn, and communicate. As organizations grapple with this inevitable technological disruption, the focus turns to leadership and organizational readiness. 

Executives are acutely attuned to the myriad opportunities that AI presents, particularly in the realm of office jobs. From machine learning and natural language processing to expert systems and generative AI, the spectrum of AI applications is vast. The key opportunities identified by leaders encompass the potential for increased efficiency through the effective use of AI, signaling a paradigm shift in workplace dynamics. Beyond efficiency gains, executives foresee enhanced decision-making, improved risk management, and the birth of innovative products and services as additional fruits of embracing AI. 

How can organizations better prepare for the future of AI? 

Leaders recognize the pivotal role they play in steering their organizations towards preparedness for the challenges posed by AI. It comes as no surprise that these leaders are actively taking steps to enhance their organizational readiness for the AI revolution. One crucial initial step leaders are taking involves sharing their personal journey of learning and understanding AI. Recognizing that knowledge is power, they understand that being well-versed in AI is essential to spearhead any transformative efforts within their organizations. Even in the face of uncertainties, leaders are embracing the idea that starting the adoption process, no matter how small, is far better than remaining inert. 

However, simply understanding AI is not sufficient. The dynamic nature of AI, with its ever-changing landscape of possibilities and risks, makes strategy development a complex task. While the disruptive potential of AI is acknowledged, leaders also see immense opportunities that come with it. Yet, a business-as-usual mindset won’t suffice for organizations aiming to thrive in the age of AI. Leaders must recognize that profound change and robust cultural development are imperative.  

To achieve organizational readiness for AI, business leaders need to act boldly and strategically. This entails gaining a deep understanding of current market capabilities and identifying potential gaps within themselves and their organizations. By doing so, leaders can pave the way for their organizations to not just adapt to AI but to flourish in this exciting era of technological innovation. 

How can MS help in identifying AI-savvy leaders: 

MS is actively involved in the identification and cultivation of top-tier leaders with a profound understanding of AI.  The team is committed to pinpointing individuals who possess the requisite expertise and visionary insight in the dynamic AI field. The company leverages its global network and platforms to connect with emerging leaders, provides them with opportunities to showcase their talents, and contributes significantly to the ever-evolving domain of AI leadership within the company. 

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Calling Al Reem Island Businesses: Secure Your ADGM License Before Opportunities End!

Calling Al Reem Island Businesses: Secure Your ADGM License Before Opportunities End!

The expansion of Al Reem Island to ADGM’s jurisdiction marks a groundbreaking moment in Abu Dhabi’s path to financial leadership. With Al Reem joining Al Maryah Island as a financial-free zone, the expansion aims to offer tax-friendly jurisdiction, attracting international companies with eligible income to establish their presence in Abu Dhabi’s expanding financial landscape. The expansion was confirmed in line with the UAE Cabinet Resolution No. 41 of 2023 on April 24, 2023, reinforcing Abu Dhabi’s economic vision, positioning ADGM as the global financial hub. 

Unlocking Opportunities: Advantages of Establishing Your Business in ADGM

Whether you are a startup looking to flourish in Al Reem Island or an established corporation seeking new opportunities, ADGM offers you the ideal environment to unlock your full potential and achieve sustainable growth. Businesses in ADGM leverage distinct advantages in the direct application of English common law, fostering legal certainty. With an array of in-house services, companies streamline operations. Digital registration simplifies setup processes, and activating the e-records, e-contracts, and e-signatures enhances working efficiency. Access to the ADGM ecosystem provides better networking opportunities and synergies, improving growth and sustainability.

Al Reem businesses: Prepare for Your 100% Fee Waiver!

The business operating at Al Reem should be conscious of the timeline and deadlines required to access ADGM’s incentives. As of now, 31st December 2024 marks the final date of the transition period for the existing Al Reem Island businesses. After the designated timeline, the existing license becomes invalid in Al Reem by 1st January 2025. Obtain the ADGM license before the deadline and consider the key dates and ADGM regulations for a smooth transition process.

The transition period marks its final expedition on 31st December 2024. Companies undergoing transition can benefit from fee waivers and incentives based on the completion of the transition process. Al Reem businesses including, healthcare, hospitality, retail, construction, real estate, professional service businesses, etc. (excluding financial services) can secure an ADGM license without any registration fee until October 31, 2024. Simply ensure your license lists an Al Reem address and has no outstanding fines.

Business Future with ADGM

MS Group offers comprehensive advisory services for new businesses seeking licenses to operate within the ADGM jurisdiction on Al Reem Island. It’s not just a jurisdictional expansion—it’s a strategic leap toward establishing ADGM as the ultimate destination for businesses worldwide. With MS Group by your side, brace yourself for a business adventure in ADGM, where opportunity and innovation converge to propel your business toward success. 

Disclaimer :

Registered in Abu Dhabi Global Market (Registered No. 000007218),
We are not an ADGM Registered Corporate Service Provider.

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UAE’s rising M&A market sparks investor interest: Explore the key steps of M&A to ensure success.

UAE’s rising M&A market sparks investor interest: Explore the key steps of M&A to ensure success


The Mergers and Acquisitions (M&A) market in the MENA region showed a huge rise in 2023. UAE reported the region’s largest M&A of the year with the announced acquisition of Univar Solutions by Apollo Global Management and ADIA for $8.2 billion. In line with this trend, 2024 is also augmenting in terms of M&A. This growth may inspire investors to think about M&A as their next business step. All you need is to brush up your understanding of M&A so the beginners can get down into this opportunity. With the new changes on the horizon, we are giving an overview of M&A and its important steps.

Why M&A in UAE?

Mergers and Acquisitions (M&A) have emerged as an essential business strategy in the ever-changing business landscape for organizations looking to grow, expand, and get a larger market share in the UAE. In the competitive market dynamics, it is important to diversify and access more talent by cutting down the combination. To flourish the business, improving the market share is also an essential factor that can give your business an upper hand. You will also be entitled to tax benefits through M&A and can also unlock synergies, which are the additional value created by transactions. M&A can always keep the success rate high if it is done correctly at the right time.

Check out the steps in M&A:

We tend to think a lot and go through a series of steps even for ordering food from a restaurant online. The steps included in M&A play a key role in tomorrow’s success of your business. Let’s glance through the steps:


 Due diligence:
It is just like how we enquire about the ratings and quality of a restaurant before ordering the food. The process of looking into a potential business, its management, its board of directors, its operations, assets, and finances is due diligence. Finding out more about the target business will enable you to make an informed decision about the acquisition. Following this step, you get a chance to determine at this point whether the acquisition is beneficial to your company or not. It is a key step in the whole M&A process.
 Negotiation:
It happens like how you see offers for food items, and unintentionally both you and the restaurant are negotiating. Here, both the company representatives will negotiate the deal and it tends to be very time-consuming.
 Signing:
In this stage, you are signing the deal like you are selecting your favorite food and adding it to your cart.
 Finalizing:
After adding the food to the cart in your online food ordering platform, you get a window where you can finalize the order and proceed. In M&A, this step is where the execution happens, and the deal proceeds further. At this point, standard legal procedures are fulfilled, including completing the purchase of assets, documenting the agreement, and due diligence of the stakeholders.
 Closing:
The actual closing of the deal happens here like how we confirm our food order. The formalities are completed from both parties and the necessary license to operate is given to the acquirer at this stage.

Why MS for M&A?

The world of M&A is complex. Even though we explained the whole M&A process in a way we order food online, at some point, you may need aid to clear your confusion and difficulties. To maximize the benefits for all parties engaged in M&A, you must do rigorous due diligence and seek professional guidance. Team MS can be your touch point to help you in successful M&A transactions by providing a seamless journey.
Please feel free to contact us with your M&A requirements.

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ADGM Transition: The Sooner, the Better – Here’s Why

ADGM Transition: The Sooner, the Better - Here's Why

For entrepreneurs eyeing promising business opportunities in the UAE, selecting the right location is crucial for success. While each emirate holds potential, Abu Dhabi stands out as the optimal choice for driving business expansion. At the heart of Abu Dhabi’s business excellence is the Abu Dhabi Global Market (ADGM), playing a pivotal role in fostering the growth of the financial services industry.
The ADGM’s influence is now expanding as part of the UAE’s ambitious economic diversification strategy. In line with a recent Cabinet resolution, Reem Island is set to join its jurisdiction as a financial-free zone, alongside Al Maryah Island. This move increases the combined geographic area of the district to approximately 1,438 hectares, marking a significant tenfold expansion. This strategic initiative reinforces Abu Dhabi’s commitment to growing its financial sector and presents a compelling opportunity for entrepreneurs seeking a thriving business landscape.

Milestone Achieved: ADGM Extends Reach to Al Reem Island

On April 24, 2023, Abu Dhabi Global Market (ADGM), the powerhouse International Financial Centre of Abu Dhabi, achieved a breakthrough by extending its reach to Al Reem Island. This groundbreaking move, as dictated by the UAE Cabinet Resolution No. 41 of 2023, perfectly dovetails with Abu Dhabi’s ambitious economic vision and diversification strategy, firmly establishing ADGM as a bona fide global financial hotspot. Now, the existing business in Al Reem must obtain an ADGM license and the businesses that are planning to establish must submit their license applications to ADGM.

Navigating the Transition: Key Dates and Considerations

For existing businesses on Al Reem Island, a transition period has been established until the 31st of December 2024. During this time, businesses can continue operations as usual, exempt from ADGM’s regulations. However, they are encouraged to obtain an ADGM license before the deadline. Existing Al Reem Island businesses can choose to renew their Abu Dhabi Department of Economic Development (ADDED) license or apply for an ADGM license or permit. Starting from the 1st of November 2023, businesses planning to establish a new presence on Al Reem Island must submit their license applications to ADGM. The online registry provides a streamlined process for submitting applications. The expansion of ADGM’s jurisdiction brings forth new opportunities for businesses, with benefits including the direct application of English common law and a business-friendly environment. Note that, there are attractive incentives for the business which complete the process sooner.

A Financial Adventure Unfolds on Al Reem Island with MS

ADGM, with its unparalleled application of English common law, a vibrant and diverse talent pool, and a flourishing community vibe, emerges as the ultimate magnet for international businesses. It’s not just a jurisdiction expansion; it’s a strategic leap toward turning ADGM into the go-to destination for businesses worldwide. The allure of a dynamic financial landscape, coupled with the unique blend of legal prowess and cultural richness, makes ADGM an irresistible hub for those looking to thrive in the global marketplace.

Disclaimer :

Registered in Abu Dhabi Global Market (Registered No. 000007218),
We are not an ADGM Registered Corporate Service Provider.

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Urgent Compliance Alert: Deadline Approaching for CRS/FATCA Self-Assessment in DIFC and ADGM


You might be familiar with the current outreach efforts from the Abu Dhabi Global Market (ADGM) and Dubai International Financial Centre (DIFC), urging entities to promptly address the pressing need for compliance with the CRS/FATCA self-assessment. This latest regulatory push serves as a reminder of the crucial importance of keeping pace with the continually evolving realm of financial standards.
A Roadmap for CRS/FATCA Self-Assessment Compliance in DIFC and ADGM
The Financial Services Regulatory Authority (FSRA) of Abu Dhabi Global Market (ADGM) has levied fines totaling AED 170,000 on six financial institutions due to violations of the Common Reporting Standard Regulations (CSR) 2017. This case is a true indication of how crucial is to stay informed about the latest requirements to ensure compliance in the financial landscape. Both the Abu Dhabi Global Market (ADGM) and Dubai International Financial Centre (DIFC) have issued urgent directives related to CRS/FATCA self-assessment.

Understanding more about CRS and FATCA can be an add-on:

Common Reporting Standard (CRS)

Common Reporting Standard (CRS), a regulatory cornerstone developed by the Organisation for Economic Co-operation and Development (OECD) and established in the UAE in 2017 is for guiding the gathering and international exchange of financial account and tax-related information. The CRS outlines the specific parameters within which financial institutions are required to operate, defining the scope of financial information to be collected and reported. Moreover, it sheds light on the due diligence procedures these financial entities must follow.

The Foreign Account Tax Compliance Act (FATCA)

The Foreign Account Tax Compliance Act (FATCA) is a law intended to curb the practice of using offshore accounts and financial assets to evade U.S. taxes. Passed as part of the HIRE Act in 2010, FATCA requires U.S. persons, foreign financial institutions (FFIs), and other non-financial foreign entities (NFFEs) to provide the United States Department of the Treasury reporting on foreign assets or be subjected to serious penalties.

Let’s go through the requirements of both DIFC and ADGM:

Time is of the essence when it comes to compliance.

Entities in DIFC are required to complete and submit the self-assessment form to crsfatca@difc.ae by February 28, 2024, to avoid penalties.

If your entity was newly licensed in ADGM during 2023, the Entity Self-Certification Form (SCF) must reach crssc@adgm.com by April 30, 2024, to mitigate potential consequences.

For all the other ADGM entities, you may complete the updated SCF within the stipulated deadline informed to you by the authority.

How MS can help you for your seamless compliance with CRS/FATCA self-assessment:

Stay ahead of the curve! Our Regulatory and Compliance Assistance Team will guide your organization through all the compliance requirements detailed in the latest directives from DIFC and ADGM. Don’t hesitate to get in touch; together, let’s ensure that your entity not only fulfills but exceeds its obligations under these vital directives.
In conclusion, staying informed and compliant with the latest DIFC and ADGM requirements for CRS/FATCA self-assessment is vital for the financial growth of your entity. Act promptly, meet deadlines, and consider partnering with MS for a smooth and reliable compliance journey. Your entity’s financial well-being is our priority!

Contact Us

Disclaimer:  Content posted is for informational & knowledge-sharing purposes only and is not intended to be a substitute for professional advice related to tax, finance or accounting. No warranty whatsoever is made in this regard, and it is not intended to provide and should not be relied on for tax/finance/legal/complaince advice. The content posted is subject to future amendments/changes/clarifications in the regulation by the authorities. For any clarifications, you may contact our tax team.

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How does Law of Data Protection in DIFC guard the Personal Data?

How does Law of Data Protection in DIFC guard the Personal Data?

Learn about the Law and Its Significance!

Understanding the Law of Data Protection in DIFC

As Personal Data Processing is a key factor, brushing up your knowledge about the Law of Data Protection in DIFC which gives an ample amount of protection to your personal data. Dubai International Financial Centre paved the way for data protection by adopting its most recent DIFC Data Protection Law (DP Law) No. 5 of 2020 for personal data processing. Like the Abu Dhabi Global Market (ADGM) Data Protection Regulations, the DIFC DP Law appoints a Commissioner of Data Protection as the supervisory authority. While both entities share common goals, they differ in the roles of Data Controllers and Data Processors.

The story of penalty in Law of Data Protection in DIFC

There was a non-compliance of a consulting firm to the DIFC DP law by not providing valid notice to data subjects, specifically contacts of new or existing employees, about the collection and use of their information for marketing purposes. The consulting used the personal Email addresses for direct marketing purposes without the knowledge of data subjects which is a breach of privacy and contravention to the DIFC DP law. A monetary penalty was imposed on the firm, amounting to $15,000 because of its non-compliance with the DIFC Data Protection Law.

Key Players in Law of Data Protection in DIFC: Data Subject, DPIA, and DPO:

· Data Subject: Individuals to whom personal data relates.
· DPIA (Data Protection Impact Assessments): Conducted for high-risk data processing, revealing potential risks to data subjects’ rights.
· DPO (Data Protection Officer): Oversees compliance, liaises with the Commissioner, conducts assessments, and manages DPIAs for high-risk processing activities.

Now, if a Data Breach happens, What’s Next?

In the event of a data breach, the Data Controller serves as the primary point of contact. It is the responsibility of the Data Controller to promptly notify the Commissioner of any breach involving personal data that puts the confidentiality, security, or privacy of a data subject at risk. Furthermore, the Controller must extend this notification obligation to the affected data subject if the breach is likely to pose a threat to their security or rights. This two-tiered notification process ensures transparency and timely communication in the face of potential risks to individuals’ personal information. Such measures align with the principles of the DIFC Data Protection Law, emphasizing the importance of swift action to mitigate the impact of data breaches on data subjects.

Penalties for Non-Compliance: While the DIFC DP Law specifies fines ranging from $10,000 to $100,000 for non-compliance, the Commissioner may impose fines beyond this range, deeming them reasonable and proportionate.

Tips to Comply with the Law of Data Protection in DIFC.

1. Clearly define lawful bases for processing personal and sensitive data.
2. Specify legitimate interests for transparent data processing.
3. Outline DPO duties and responsibilities.
4. Transfer data outside DIFC only to jurisdictions with adequate protection levels.
5. Inform data subjects when obtaining their personal data.
6. Clarify responsibilities among joint controllers, processors, and sub-processors.
7. Ensure data subjects’ rights are respected.
8. Promptly notify the Commissioner and data subjects of any personally identifiable information breaches.

MS’s Commitment to Data Protection in DIFC

In an era where personal data protection is paramount, understanding and complying with regulations like the DIFC DP Law is crucial. The above-mentioned case serves as a reminder that non-compliance can lead to significant penalties. As an advocate for data protection, MS emphasizes adherence to the DIFC DP Law to avoid penalties. Staying informed and implementing best practices are key to navigating the complex landscape of data protection in the DIFC.

click on the link to see a graphical presentation of the DIFC data protection carousel:
https://www.linkedin.com/feed/update/urn:li:activity:7159906525535211520

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Cracking the Code: ADGM Data Protection Regulations and Best Practices

Cracking the Code: ADGM Data Protection Regulations and Best Practices

In June 2023, A fraudulent phishing email that came from an employee of an ADGM company’s email address was reported to the Data Protection Office by ADGM Information Security. Even though the company filed a breach notice form, it lacked information in both the first notification and the follow-up assessment. Due to the company’s failure to non-cooperation with the Commissioner, insufficient organizational and technical measures, and inability to guarantee the proper security of personal data, the Commissioner of Data Protection in ADGM has issued a Direction under ADGM Data Protection Regulation 2021.

This case study is a clear indication of how stringent the Data Protection measures are in the Abu Dhabi Global Market. ADGM, the International Financial Centre (IFC) located in the capital city of the United Arab Emirates (UAE) has always kept data privacy as its top priority. ADGM Data Protection Regulation is the key factor that guards the data privacy in ADGM. By adding obligations for personal data processing, the ADGM Data Protection Regulation (DPR) was revamped in Feb 2021, replacing the 2015 Regulation.

Let’s explore a bit more about the ADGM Data Protection Regulation 2021;

As per Article 63, the ADGM DPR 2021 ensures the protection of Personal Data used by businesses and organizations in ADGM. In the cases of non-compliance, the Commissioner of Data Protection has enforcement powers to impose new regulations and obligations. To streamline the actions, the DPR has set up an Office of Data Protection and certain tools under it which makes the whole process easier.

ADGM follows the European Commission’s approach for Data Privacy and Protection for the security of data that is transferred out of ADGM by designating jurisdictions that are deemed adequate from a data protection perspective out of ADGM. Only if the recipient’s local laws guarantee a sufficient degree of protection for the Personal Data, then the data be transferred to a recipient situated in a jurisdiction outside ADGM.

Then, what is the Office of Data Protection?

The Office of Data Protection oversees data protection within ADGM, keeping track of Data Controllers, enforcing Data Controller requirements, and defending individual rights. It is necessary for all ADGM-registered entities handling personal data to register as Data Controllers. The Office of Data Protection maintains a register of Data Controllers in ADGM as a part of its regulatory functions and publishes the register publicly to promote transparency and openness. Also, there are Data Processors who must process the personal data.

The Data Controllers and Processors in ADGM Data Protection Regulation

Any individual or organization that chooses, alone or in concert with others, the goals, and methods for processing personal data in ADGM. Data Controllers decide how and why the data is processed. They should make sure that any processing of Personal Data that they handle conforms with the regulations. Data Controllers are required to promptly inform the Office of Data Protection about personal data breaches. This notification should occur without unnecessary delay and, if possible, within 72 hours of the controller becoming aware of the breach. Additionally, Data Processors are appointed on behalf of the

Data Controllers who have access to personal data. External service providers that have been designated by an ADGM Data Controller are examples of Data Processors.

You can make use of the tips given below to comply with ADGM Data Protection Regulations:

Register as Data Controller:
Register and renew annually with the ADGM Office of Data Protection.

Permits for Sensitive Data:
Apply for permits to process, transfer, and register data processors.

Compliance Principles:
Adhere to ADGM DP Law principles, including lawfulness, fairness, transparency, and accountability.

Data Protection Officer (DPO):
Appoint a DPO for systematic high-risk data processing.

Breach Reporting:
Report breaches to the Office of Data Protection within 72 hours.

Data Protection Impact Assessments (DPIAs):
Complete DPIAs for high-risk processing, reporting to the ADGM Office.

Sensitive Data Policy:
Implement policies for processing sensitive personal data.

Response Time:
Respond to individual data protection filings within 2 months.

MS’s Commitment to Data Protection Regulations in ADGM

The ADGM Data Protection Regulation 2021 is designed to offer comprehensive and robust measures to ensure the safety and security of personal data. MS, in line with its commitment to the highest standards, guarantees complete compliance with the ADGM Data Protection Regulations. This commitment not only serves as a safeguard against evolving threats but also acts as a catalyst, propelling your business to new heights in the ever-changing landscape of data protection.

Disclaimer :

Registered in Abu Dhabi Global Market (Registered No. 000007218),
We are not an ADGM Registered Corporate Service Provider.

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FTA Issues VAT Clarification on SWIFT Messages for Financial Sector Tax Recovery

The Federal Tax Authority of the UAE has released VAT Public Clarification offering directives on using SWIFT messages for both VAT documentation and the recovery of input tax.

The Federal Tax Authority of the UAE has released VAT Public Clarification offering directives on using SWIFT messages for both VAT documentation and the recovery of input tax.

The UAE financial institutions are treated as engaging in self-supplies when availing of interbank services from foreign banks. This means they must handle VAT obligations as if they were the service providers, including fulfilling all tax-related duties and generating tax invoices for the services received. However, SWIFT (Society for Worldwide Interbank Financial Telecommunications) messages, commonly used to document international bank charges and their underlying transactions, might not satisfy the required criteria to be acknowledged as tax invoices for UAE VAT compliance. But On February 5, 2024, the United Arab Emirates Federal Tax Authority (FTA) issued VAT Public Clarification VATP036 that addresses the use of SWIFT messages for VAT documentation and input tax recovery, initially focusing on the Financial Services (FS) sector but potentially impacting companies across various industries.

The question is, what made FTA simplify the process?

The FTA emphasizes that due to the substantial volume of SWIFT messages received, mandating Financial Institutions to self-issue a tax invoice for each SWIFT transaction would be impractical. Hence, the FTA introduces a simplification measure. If a SWIFT message, termed a “Qualifying SWIFT message,” includes adequate information to ascertain the details of the supply, UAE Financial Institutions are exempted from self-issuing tax invoices for interbank services received from non-resident banks when such SWIFT communications are received. Consequently, for input tax recovery purposes, a SWIFT message is deemed acceptable documentary evidence if it provides the necessary particulars of the supply.

A SWIFT message becomes a ‘Qualified SWIFT’ message if it includes;

• Name and address of the non-resident bank (SWIFT sender/supplier).
• Name of the UAE financial institution receiving the service (SWIFT receiver/customer).
• Date of the transaction.
• SWIFT message reference number.
• Transaction reference number.
• Description of the transaction.
• Consideration charged, and currency used.

Let’s explore who stands to gain from this simplification;

Financial Services Sector: The provided clarification serves as a beneficial simplification for the UAE FS sector, reducing administrative burdens. Businesses within this sector need to assess whether their exchanged SWIFT messages meet the criteria of a “Qualifying SWIFT Message” to benefit from this simplification. Adjustments to existing documentation and governance may be necessary to take full advantage of this provision.

Potential Broader Industry: The FTA explicitly states in the Public Clarification that, for service imports, the recipient must issue a valid tax invoice to itself, as the VAT legislation places the responsibility for “all tax obligations” on the recipient. If this clarification is intended as a general statement, it implies that any UAE business importing services, regardless of industry, would be obligated to self-issue a tax invoice to comply with UAE VAT invoicing requirements. This additional requirement, along with reporting output tax and recovering input tax if applicable, could become standard practice for all industries. Whether this self-invoicing mandate extends beyond the services discussed in this clarification remains to be cleared, as the FTA’s practical enforcement in various industries is yet to be determined.

How can MS help you with VAT Clarification on SWIFT Messages for Financial Sector Tax Recovery?

If you are uncertain about the appropriate course of action in the use of SWIFT messages for VAT documentation and input tax recovery, seeking guidance from experts like us could be a prudent decision. There’s a risk that the government might reject your request to claim the Input VAT if the documents did not have ample information. MS can make sure that you completely adhere to the regulations and make best use of the recent simplification.

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“UAE is the perfect combination of ambition, resources, and motivation”.

Check out this insightful conversation in the recently concluded COP28 between Satya S. Tripathy, Secretary-General of GASP, and MS CEO Mohammed Shafeek.

Check out this insightful conversation in the recently concluded COP28 between Satya S. Tripathy, Secretary-General of GASP, and MS CEO Mohammed Shafeek.

The private finance is for the public good, that is what Satya S. Tripathi, the changemaker of Global Alliance for a Sustainable Planet (GASP) has always leveraged. Adding to the vision of the country and solidifying Team MS’s commitment to sustainability, Our CEO, Mohammed Shafeek, engaged in a noteworthy conversation with Satya S. Tripathi on the momentous occasion of COP28 hosted by the UAE marking a pivotal step towards a resilient and environmentally conscious future. With the largest number of registered delegates in history, COP28 addressed the issues of rapidly changing Earth’s climate and the urgent action needed to avoid the most damaging consequences for people and nature.

UAE: The nation with visions and actions

The discussion with Satya S. Tripathi highlights the imperative for sustainability and underscores the role of platforms in addressing crises such as Global Warming. During the conversation, he emphasized that the UAE holds a pivotal role in COP28, focusing on actionable measures. The President of the UAE, HH Sheikh Mohammed bin Zayed Al Nahyan, committed to a $30 billion fund and announced the establishment of a global center for Climate Finance and Food Systems Declaration. Tripathi commended the nation for directing resources toward worthy causes, citing examples like MASDAR, Abu Dhabi Global Market (ADGM), and MUBADALA, which have substantial investments in sustainability. According to Tripathi, this combination of ambition and resources creates an ideal environment for addressing and combating climate challenges.

The challenges and solutions

In answering the questions related to the global challenges, Tripathi with no doubt pointed out that there is a heightened awareness among people regarding the escalating climate issues, and they are grappling with a sense of being overwhelmed by it. He stressed that it is crucial for actions to align with this awareness, particularly as countries in dryland regions like the Middle East are poised to be disproportionately affected. Tripathi further emphasized that technological advancements, innovation, and the active involvement of young people can play a substantial role in bringing about meaningful change in the situation. He commended the positive development of young negotiators participating in Climate Youth, expressing a warm welcome to their engagement.

Watch the full video of the talk between Satya S. Tripathy and CEO Mohammed Shafeek on COP28. Click the link below.

https://youtu.be/vMu5Bvb7oeU

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