A guide on UAE’s General Anti-Abuse Rules (GAAR)

A Guide on UAE's Genereal Anti-Abuse Rules (GAAR)

This eBook explores the implications of the newly implemented Corporate Tax in the UAE, focusing specifically on General Anti-Abuse Rules (GAAR). As businesses adjust to this new tax framework, a clear understanding of GAAR is essential for effective tax planning and compliance.

The eBook introduces UAE’s Corporate Tax system, highlighting its impact on business profitability. It then delves into the core concept of General Anti-Abuse Rules, explaining their purpose in preventing tax evasion through improper strategies. Detailed discussions of the GAAR provisions within the Corporate Tax Law clarify how these rules function.

Additionally, it examines the circumstances under which tax authorities may invoke GAAR and the key considerations they must assess. This section emphasizes the need for transparency and compliance, outlining the potential consequences for businesses that do not adhere to these regulations.

To assist businesses in mitigating risks associated with GAAR, the eBook offers practical strategies for compliance. It concludes with a comprehensive FAQ section that addresses common questions about General Anti-Abuse Rules, making it a valuable resource for any organization operating in the UAE.

This eBook is an essential guide for companies seeking to align their tax strategies with GAAR and ensure compliance within the evolving corporate tax framework.

Guide on VAT Penalties and Fines in UAE

VAT Penalties and Fines in UAE

The United Arab Emirates (UAE) has published Cabinet Decision No. (49) of 2021, which amends Cabinet Decision No. (40) of 2017 on Administrative Penalties for Violations of Tax Law in the UAE. The amendments have come in effect since 28 June 2021.After the amendments, VAT penalties and fines in UAE have been reduced substantially as compared to the previous legislation.

This guide compares the penalties that were applicable previously and the new penalties.

A thorough comparison of VAT Penalties and Fines in UAE, before and after Cabinet Decision No. (49) is presented along with the implications of the amendments to VAT Penalties and Fines in UAE.

These amendments marks a significant shift in VAT penalties and fines in UAE, now aiming to foster a more supportive environment for businesses. With such a reduction in penalties across various violations, the UAE tax authority seeks to encourage compliance and promote a culture of voluntary disclosure and accurate record-keeping. Explore the subject thoroughly with our comprehensive guide:

Guide on Economic Substance Regulations (ESR) Audit Intimation

Federal Tax Authority (FTA), being the National Assessing Authority, may undertake assessments to determine whether a Licensee has met the Economic substance Test or not. FTA can either send additional Information request or issue audit Notice in this regard.

As per the Economic Substance Regulation, UAE entities whose business activities meet the scope and definition of any of the nine ESR relevant activities, are required to prepare and submit Economic substance Notification and Economic Substance Report.

Such relevant activities include:

  • Banking Business
  • Insurance Business
  • Investment Fund management Business
  • Lease – Finance Business
  • Headquarters Business
  • Shipping Business
  • Holding Company Business
  • Intellectual property Business (“IP”)
  • Distribution and Service Center Business

The guide spans over:

  • How is the Economic Substance Regulations (ESR) Audit notice issued?
  • What are the details asked under Economic Substance Regulations (ESR) Audit Notice?
  • How to Submit Economic Substance Regulations (ESR) Audit Response?

This guide summarizes all the practical aspects that we have dealt with so far, while handling ESR audit process for our clients. It will help you at the time of your ESR Audit. Read the full guide for a better understanding of the subject:

The Complete Guide on Corporate Tax Refund

The complete guide on Corporate Tax Refund

This guide serves as the definitive resource on Corporate Tax Refund, thoroughly addressing Article 49 of corporate tax law. It outlines scenarios where a taxable person may have paid more corporate tax than required under the law to the FTA, either through withholding or direct payment. In such cases, the taxable person is eligible to claim a corporate tax refund.

The guide also details the process for applying to the FTA for a refund in accordance with the Tax Procedures Law. Notable instances include situations where withholding tax credits exceed the corporate tax payable or where the corporate tax paid exceeds the amount actually due.

Additionally, the guide provides comprehensive information on circumstances when a refund of corporate tax is not available, the revision process for refund applications, and includes a case study and answers to frequently asked questions.

For a thorough understanding, please read the full guide.

Guide on Treatment of Unrealized Gains and Losses Under UAE Corporate Tax

Guide on Treatment of Unrealized Gains and Losses Under UAE Corporate Ta

Guide on treatment of unrealized gains and losses under UAE Corporate Tax provides you the complete knowledge on the topic. For calculating taxable income under the UAE Corporate Tax law (the CT law), general rules for determining taxable income- defined under Article 20 of the Corporate Tax Law (CT law) are to be considered.

According to Article 20 (2) of the CT law – taxable income for a tax period shall be calculated by considering accounting income and making specific adjustments defined under Article 20 (2); the first adjustment is for- any unrealised gains or losses under UAE Corporate Tax.

We first explained about the realisation principle and when the income is realised. Then, we shed light on what are the unrealised gains or losses under UAE corporate tax.

This guide also highlights how unrealised gains and losses are treated and how they impact the computation of Taxable income and how the adjustments are made. We have also included case study for better understanding. For thorough understanding of treatment of unrealised gains and losses, checkout the guide.  

Guide on UAE Corporate Tax Group

Guide on UAE Corporate Tax Group

A tax group is a special arrangement in which two or more resident companies can come together to operate as a single taxable entity, subject to the conditions of Article 40 of the Corporate Tax Law.

This means if the companies meet the requirements to form a Tax Group, and the Federal Tax Authority approves their application to form a Tax Group, they can file a single UAE CT return covering all the members of the Tax Group.

With this guide, we would like to provide you with the information regarding:

  • Who can form a UAE corporate tax group
  • Conditions need to be fulfilled to form a UAE corporate group
  • Pros and cons of forming a corporate tax group

For an in-depth exploration of the UAE corporate tax group, please refer to the comprehensive guide available for detailed insights and information.

Guide to Non-Resident Person’s Nexus in UAE (CT purposes)

Guide to Non-Resident Person Nexus

The Corporate Tax Law has been introduced in the UAE and provides special treatment for the non-resident person’s taxation. This eBook deals with determining a non-resident person’s nexus in UAE and provides you with its complete details.

With this eBook, you’ll learn about:

  • Introduction to the non-resident person in the UAE
  • Condition for a Non-Resident Person to be said to have a Nexus in the UAE
  • Taxable Income if there is a Nexus in the UAE
  • Determine the Permanent Establishment in UAE
  • Comprehensive Examples of Permanent Establishment
  • Other UAE Corporate Tax requirements for a Non-resident person
  • Application of General Anti Avoidance Rules (GAAR) Provisions

We also provide you with the answers to frequently asked questions on the topic. Check out the eBook to learn more about Determining a Non-Resident Person’s Nexus in UAE for Corporate Tax Purposes.

Comprehensive Guide on Corporate Tax Registration on EmaraTax

Comprehensive-Guide-on-Corporate-Tax-Registration-on-EmaraTax

Federal Tax Authority of the UAE manages the EmaraTax Platform, which provides several useful digital services to businesses in the UAE, such as:

  • Handling Tax Registration
  • Filing of Returns
  • Payment of Taxes
  • Applying for tax refunds under the UAE CT Law regime

Considering the cruciality of the platform, we have come up with this comprehensive guide on Corporate Tax Registration on EmaraTax.

The guide provides you with the information regarding:

  • Who should register for Corporate Tax?
  • Timeline for Corporate Tax Registration
  • Documents Required for Corporate Tax Registration on EmaraTax
  • Steps for Corporate Tax Registration on EmaraTax
  • Mistakes to Avoid During UAE Corporate Tax Registration on EmaraTax
  • Post-Registration Responsibilities and Compliance
  • Penalties for Non-Compliance

The UAE government has introduced the Corporate Tax (CT) and positioned the country as a business and investment hub. It demonstrates the UAE authorities’ commitment to bringing transparency into business dealings. The introduction of corporate tax in the UAE will boost the economy and attract foreign direct investment.

To have a comprehensive understanding of Corporate Tax Registration on EmaraTaX, we invite you to go through this detailed guide and empower yourself by advancing your expertise.