Corporate Tax Return Filing in UAE
At HLB HAMT Management Consultancy (HHMC), we understand that filing corporate tax returns is essential for businesses operating in the UAE. Our specialist tax team provides the necessary support and is ready to address your inquiries about corporate tax. With our expertise in the latest corporate tax (CT) laws, we ensure that your tax returns are prepared accurately and submitted on time, allowing you to concentrate on growing your business without the stress of compliance issues.
What is meant by Corporate Tax Return Filing in UAE?
Corporate tax return filing involves submitting a detailed report to the Federal Tax Authority (FTA) that outlines your company’s income and expenses for the tax year. This report is essential for determining your taxable income and calculating the amount of tax you owe. Companies must file their tax returns within a specific timeframe, as required by corporate tax law.
Mandatory Corporate Tax Filing: Filing corporate tax returns in UAE is mandatory for all companies, both local and foreign. Free Zone entities must also file returns, regardless of their status. Businesses earning below AED 375,000 benefit from a 0% tax rate, but non-compliance can result in penalties.
Corporate Tax Filing Deadlines in UAE
Your corporate tax returns and payments are due within 9 months from the end of your financial year.
- For financial year 1 Jul 2023- 30 Jun 2024: Filing & Payment Deadline: March 31, 2025.
- For financial year 1 Jan 2024-331 Dec 2024: Filing & Payment Deadline: September 30, 2025.
- For financial year 1 Apr 2024-331 Mar 2025: Filing & Payment Deadline: 31 December 2025.
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Important Extension:
Due to FTA Decision No. 7, 2024, businesses incorporated on or after June 1, 2023, and those with a tax period ending on or before February 29, 2024, now have an extended deadline for filing tax returns and paying corporate tax. The new deadline for these businesses is December 31, 2024.
Important Considerations for Your First Corporate Tax Return
Here are the elections to consider when filing your first corporate tax return:
- Small Business Relief (SBR): This relief is available to UAE Resident Persons with revenue not exceeding AED 3,000,000 for the relevant and prior tax periods.
- Realization Basis Election: Choose the realization basis for corporate tax, meaning income and expenses will be recognized when realized, not when incurred. Once this choice is made, it cannot be changed.
- Qualifying Free Zone Person Status: To maintain your qualifying free zone status, your business must:
- Have adequate substance in the UAE
- Derive qualifying income
- Avoid choosing the 9% corporate tax option.
- Comply with the Arm’s Length Principle and maintain necessary transfer pricing documentation if applicable.
- De Minimis Requirements:
- Transitional Rule Election: Adjust future taxes on unrealized gains from assets held prior to entering the corporate tax regime by excluding them from tax when sold.
- Foreign Permanent Establishment (PE) Exemption: When calculating taxable income, you can exclude income and expenses from foreign PEs, provided that the PE is subject to a corporate tax of at least 9% in its jurisdiction.
Qualifying Free Zone Persons: Required Disclosures
If you qualify as a free zone person, it’s essential to make the following important disclosures to stay compliant:
- Separate Disclosure for Income: Maintain distinct records for qualifying and non-qualifying income. Qualifying income may qualify for lower tax rates, whereas non-qualifying income is subject to standard corporate tax rates. Keeping these disclosures separate is crucial for compliance with tax regulations.
- Detailed Substance Requirements: As a Qualifying Free Zone Person, you must show that you have adequate staff, assets, and operating expenditures within the Free Zone.
- De Minimis Income Calculation and Disclosures: The de minimis rule states that non-qualifying revenue cannot exceed the lower of AED 5,000,000 or 5% of total revenue within a tax period.
- Disclosure of Outsourced Substance: If you have outsourced your substance, you need to provide details about the outsourced entity, including its name, Corporate Tax TRN, address, total expenses incurred, and the average number of full-time employees.
Expense Adjustments and Deductions
Non-Deductible Expenses and Capped Expenditures: Capped expenditures are specific expenses that have a maximum limit on how much can be deducted in tax calculations.
To ensure accurate reporting, consider the following adjustments:
- Adjustments as per Ministerial Decision 134: According to the General Rules for Determining Taxable Income in the UAE, it is important to streamline the calculation of taxable income by addressing realized and unrealized gains or losses shown in financial statements. Businesses that utilize the accrual basis of accounting can opt to recognize gains and losses on a realization basis for certain assets and liabilities; however, this choice is permanent. The regulations also provide guidance on adjusting the values of assets and liabilities during transfers involving related parties, qualifying groups, or business restructurings.
- Group Relief and Restructuring Adjustments: Companies within the same corporate group can transfer tax losses to reduce their overall tax liability. It is important to ensure that the tax implications of corporate actions, such as mergers or acquisitions, are allocated fairly among the involved entities.
Tax Credits
You can claim tax credits if you have already paid taxes on the same income, whether in UAE or abroad. These credits help reduce your corporate tax liability.
- Net Income by Jurisdiction: Corporate Tax is applied to net income, which is calculated by deducting economically linked expenses from the relevant income.
- Calculating Tax Credits: The Foreign Tax Credit is limited to the lesser of the actual tax paid on foreign income or the corporate tax due on that foreign income in UAE.
- Adjustments for Timing Mismatches: Be mindful of possible differences in tax periods between the UAE and other countries. Taxes may vary based on timing or the accounting method used, such as cash basis versus accrual basis.
Transfer Pricing Disclosures for CT Returns in UAE
When filing your corporate tax return, it is necessary to include a transfer pricing disclosure form that outlines transactions with related and connected parties.
- Separate Disclosure: Each transaction must be disclosed individually.
- Income and Expense Reporting: Clearly specify all income and expense transactions involving related parties.
- Arm’s Length Value Reporting: Report the arm’s length value for each transaction along with the method used to calculate it.
Procedure for Corporate Tax Return Filing in UAE
- Obtain a Tax Registration Number: Get your tax registration number from the Federal Tax Authority (FTA) by submitting the necessary documents.
- Maintain Financial Records: Keep track of all financial transactions and tax-related documents according to UAE tax laws.
- Prepare Your Tax Return: Calculate your taxable income and complete your tax return using the records you maintained, including any deductions or exemptions.
- File Your Tax Return: Submit your tax return through the FTA’s online platform, e-Services, before the deadline.
- Pay Your Taxes: Pay any tax owed as stated on your return by the due date.
- Tax Audit Process: If the FTA conducts a tax audit, be prepared to provide additional information or documents to confirm your tax return’s accuracy.
Essential Documents Required for Submission
- Financial Statements: Provide up-to-date financial statements for your business.
- Local and Master Files: Prepare both the Local File and Master File as required.
- Proof of Ownership: Include documents that verify ownership of your business.
- Records of Expenses: Keep records of qualifying expenditures and total expenses incurred.
- Income Records: Document overall income generated from qualifying intellectual property.
- Supporting Documents: Have any additional supporting documentation ready.
- Tax Residency Certificate: Include your tax residency certificate with your submission.
HLB HAMT Management Consultancy (HHMC) to Assist!
At HLB HAMT Management Consultancy (HHMC), we are dedicated to simplifying your corporate tax return filing process. Our experienced team is here to guide you through every step, from obtaining your tax registration number to preparing and submitting your tax return, ensuring compliance with all regulations.
Contact us today to learn how HLB HAMT Management Consultancy (HHMC) can help you with your corporate tax return filing!
FAQs
Yes, all businesses operating in the UAE, including Free Zone entities, are required to file corporate tax returns.
You’ll need financial statements, proof of ownership, records of expenses, income records, and your tax residency certificate.
HLB HAMT Management Consultancy (HHMC) guides you through the entire filing process, from obtaining a tax registration number to preparing and submitting your return, ensuring compliance.
Missing the filing deadline can lead to penalties and fines, so it's important to file on time to avoid any issues.
Yes, you can claim tax credits if you have already paid taxes on the same income, whether in the UAE or abroad.
When filing your corporate tax return, it's important to include the following disclosures:
- Emirate-Wise Reporting
- Unincorporated Partnerships
- Capital Distribution Schedule
- Financial Audit Details
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