26 April 2025
Josleen Deeb
In February 2025, the UAE’s Federal Tax Authority (FTA) issued Public Clarification VATP039 to resolve long-standing questions about the VAT treatment of proof-of-work cryptocurrency mining. Whether you’re a hobbyist powering your own rig or a service provider mining on behalf of others, here’s what you need to know to stay compliant—and how expert legal counsel can help.
Dubai: In the UAE,
the FTA has clarified Value Added Tax (VAT) implications for cryptocurrency
mining. Cryptocurrency mining services are considered taxable supplies if the
miner receives consideration for their activities. This guidance provides
clarity to the growing cryptocurrency mining industry in the UAE, helping
miners understand their tax obligations regarding VAT. The FTA has provided
updated guidelines, ensuring miners are aware of how input tax can be treated.
Scope & Objective
•
Covers proof-of-work virtual assets (e.g.,
Bitcoin, Ethereum Classic)
•
Clarifies when mining activities fall inside or
outside VAT
Mining for Your Own Account:
No VAT, No Credits
•
Outside VAT scope: Rewards you earn by
validating blocks aren’t treated as taxable supplies.
•
No input recovery: Energy bills, hardware
depreciation and other mining costs are not eligible for VAT credits.
Mining Services for Others:
Fully Taxable
•
Taxable supply: If you mine on behalf of clients
for a fee (in fiat or crypto), VAT at 5% applies.
•
Input credits available: Expenses directly
linked to these services can be reclaimed, provided you hold valid tax
invoices.
Cross-Border Mining Services
•
Reverse-charge mechanism: UAE businesses
importing mining services must self-account for VAT.
• Non-resident suppliers: Must register for UAE VAT if serving non-taxable UAE clients.
VAT Registration &
Thresholds
•
AED 375,000 annual turnover: Mandatory VAT
registration for taxable supplies, including third-party mining.
•
Voluntary registration: Available if your
outputs are below threshold but you wish to reclaim input tax.
•
Self-Supply vs. Consideration in Crypto Rewards
•
No direct contract: Block rewards absent a
formal service agreement typically fall outside VAT—yet careful analysis is
essential.
•
Contracted mining: Even if paid in crypto,
structured arrangements trigger taxable-supply treatment.
Compliance Checklist
1. Determine
if your mining is purely for own account or a service to others
2. Register
for VAT if third-party supply turnover exceeds AED 375,000
3. Maintain
meticulous records: power bills, service agreements, crypto-to-fiat valuation
logs
4. Apply
reverse charge for imported mining services
5. File accurate VAT returns and reclaim eligible input credits
Why Legal Expertise Matters
•
VAT structuring: Position your operations
to maximize recoverable input tax where allowed.
•
Registration strategy: Navigate mandatory
versus voluntary registration to suit your business model.
•
Contract drafting: Ensure service
agreements clearly define fees, payment currency and tax responsibilities.
•
FTA liaison: Handle audits,
clarifications and dispute resolution with seasoned advocacy.
Conclusion
The FTA’s VATP039 clarification strikes a careful balance—excluding personal mining from VAT while capturing commercial mining services under the tax net. By following the compliance roadmap above you will ensure your crypto-mining venture thrives in the UAE’s forward-looking yet rigorously regulated tax environment.
ALKETBI TOUCH
Contact our Tax &
Digital‐Assets team today for tailored advice, VAT-registration support and
end-to-end compliance solutions.
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