Understand How VARA Works To Avoid Penalties for Non-compliance

Overview

Trading virtual assets in the UAE offers great opportunities—but staying compliant with regulations is just as crucial! VARA – Virtual Asset Regulatory Authority is an authoritative body that protects and oversees the exchange of virtual assets to and from in UAE including all the zones. VARA ensures a world-class regulatory framework in Dubai, protecting investors, pointing out the risks resolving them, and fostering virtual asset innovation. So to give you some context about virtual assets and tax – everybody has transactions through virtual currency and more need to pay tax.  In this article you’ll get to know everything about VARA & what could be the scenario if you don’t abide by the rules.

Is Virtual Assets Taxed in UAE by VARA?

In the UAE, there is currently no personal income tax on individuals, which means buying virtual assets (such as cryptocurrencies) for personal investment is not taxed. However, taxation may apply in the following cases:

Corporate Tax (9%) – If a business or company is buying, selling, or trading virtual assets as part of its operations, it may be subject to the UAE’s corporate tax.
VAT (5%) – In some cases, VAT may apply on services related to virtual assets, such as exchange fees or brokerage services.
Free Zones – Some UAE free zones offer tax exemptions for crypto-related businesses, but compliance with regulations (e.g., VARA for Dubai) is required.

VARA’s Vision

Position Dubai as a global hub for Virtual Assets and a leading digital economy. Foster collaboration to create tailored regulations for customer protection and prevent illegal practices. Attract investment and businesses to establish their Virtual Asset presence in Dubai. Empower customers with awareness, innovation, and real opportunities in Virtual Assets. Develop regulations to oversee Virtual Asset Platforms, Service Providers, and related activities.

Violations & Penalties Imposed by VARA

Case 01

Violating Anti-Money Laundering (AML) & Counter-Terrorism Financing (CFT) Regulations:
This includes Violation of AML/CFT and “know your customer” requirements. Regulations or Directives issued by any entity, including Virtual Asset Service Providers (VASPs). But not limited to those in the Compliance and Risk Rulebook (Part III), by any VASPs.

Estimated Fine Amount: To be determined under applicable local and federal laws.

Case 02

Violating Other Related Rules and Regulations:
Non-compliance with risk management and not following the rulebook – excluding those mentioned above. OR breach of regulations or directives related to market offenses which is not only limited to Virtual Asset Service Providers (VASPs).

Estimated Fine Amount: For individuals – Up to AED 20,000,000 or 200% of profits gained/losses avoided, whichever is higher. For any corporate Entity it ranges between AED 50,000,000 OR 15% of the corporate Entity’s annual revenue, OR 300% of the profits gained or losses avoided.

Case 03

A fine can be issued against an Entity under Regulations IX.C.1.a-e and IX.C.2.i for the following non-exhaustive violations:
1. Unauthorized VA Activities: Conducting Virtual Asset (VA) Activities without authorization and licensing by VARA, in violation of Regulation III.A.1.
2. Improper Issuance of Virtual Assets: Issuing a Virtual Asset in violation of Regulation II.A.1.
3. Failure to Register: Not meeting the mandatory registration requirement under Regulation IV.A.7.
4. Misrepresentation: Misleading the public by:
Claiming a false relationship or engagement with VARA, or
Claiming an ability to influence or accelerate the licensing process (including but not limited to, any violations of Regulation X).
5. UBO Disclosure Violations: Failing to meet Ultimate Beneficial Owner (UBO) disclosure requirements as outlined in the Regulations, Rules, or Directives.

Estimated Fine Amount: For individuals – A penalty of up to AED 20,000,000 or 200% of the profits gained/losses avoided, whichever is greater. For corporate entities: Fines range from AED 50,000,000 to 15% of the entity’s annual revenue, or 300% of the profits gained/losses avoided, whichever is highest.

Case 04

Late/failure to pay fine:
Failure to pay the fine within any timeframe specified by VARA.

Estimated Fine Amount: An extra fine will be issued, the amount of which shall accrue from when a fine is due at 1% per month. (rounded up to the nearest whole month) For any unpaid amounts of the fine on a compounding basis until the initial and further fines are fully paid.

Arnifi – As Your Trusted Choice

Understanding VARA regulations can be complex, but with Arnifi’s expertise in compliance and risk management, your entity can stay fully compliant. Our team provides customized advisory services, guidance on AML/KYC requirements, and support to minimize non-compliance risks.
Sign in for a free consultation now!

Also Read: Crypto Mining in UAE