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Insights · AXD Real Estate Dubai

Dubai VAT — Residential vs. Commercial

Is 5% VAT charged on the purchase of a Dubai residential property?

No — residential properties are VAT-free. Under UAE Federal Decree-Law 8/2017, the first sale of a new residential property within three years of completion is zero-rated (0% VAT); subsequent sales are exempt. Buyers pay no value-added tax on the apartment price.

However, 5% VAT applies to commercial properties as well as to all transaction services: broker commission, lawyer, conveyancer, property management, furniture.

Overview of VAT treatment

TransactionVAT treatmentLegal basis
Residential property — first sale (≤ 3 years after construction)0% VAT (zero-rated)Art. 45 FDL 8/2017
Residential property — subsequent sale / secondaryVAT-exemptArt. 46 FDL 8/2017
Residential property — long-term leaseVAT-exemptArt. 46 FDL 8/2017
Residential property — short-term lease (holiday home)5% VATArt. 19 CD 52/2017
Commercial property — sale5% VATArt. 2 FDL 8/2017
Commercial property — lease5% VATArt. 2 FDL 8/2017
Broker commission5% VAT on commissionArt. 2 FDL 8/2017
Property management fees5% VATArt. 2 FDL 8/2017
DLD transfer fee (4%)No VAT (authority fee)FTA VATGRE1

What this means in practice for DACH buyers

For an off-plan or residential ready investment, no 5% VAT is added to the purchase price — an additional burden often assumed by DACH buyers that simply does not exist.

Ancillary costs do shift, however, due to VAT: a 2% broker fee effectively becomes 2.1% including VAT — see total cost structure of a Dubai property purchase.

Anyone letting short-term (e.g. Airbnb/holiday home) becomes liable for VAT from AED 375,000 annual turnover and must register — relevant for buy-to-let strategies.

Commercial properties are fully VAT-liable — irrelevant, however, for the DACH buyer majority (residential).

German value-added tax is unaffected by all of this: there is no German VAT on a UAE real estate transaction (place-of-supply principle § 3a UStG [German VAT Act]: location of the property).

Sources

UAE Federal Decree-Law No. 8 of 2017 — Value Added Tax UAE Cabinet Decision No. 52 of 2017 — Executive Regulations of the VAT Law FTA Public Clarification VATP003 — Real Estate FTA VAT Real Estate Guide — VATGRE1 § 3a UStG — place-of-supply principle for property-related services

Note: For mixed use (e.g. serviced apartment, hotel apartment), special rules apply under VATGRE1. A concrete VAT assessment in individual cases should be clarified with a UAE-approved tax adviser.

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Ali Daioub