There has been uncertainty regarding the VAT treatment of options supplied in return for premiums - specifically, whether they are exempt or taxable for VAT purposes. This Public Clarification clarifies the FTA's views on this issue.
Supplies of options in respect of debt securities and equity securities in return for premiums are exempt from VAT.
A financial "option" gives the holder the right to buy or sell the underlying financial instrument at a specified price.
An "option premium" is the fee received for selling an option.
Article 42 of the Cabinet Decision No. 52 of 2017 on the Executive Regulations of the Federal Decree-Law No. 8 of 2017 on Value Added Tax governs the VAT treatment of financial services.
Article 42(3) specifies that the "issue, allotment, or transfer of ownership of an equity security or a debt security" is exempt for VAT purposes.
The terms "equity security" and "debt security" are defined in Article 42(1):
a. The phrase "debt security" means any interest in ...