Cabinet Decision No. 75 of 2023 on the Administrative Penalties for Violations Related to the Application of Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses

Cabinet Decision No. 75 of 2023 · UAE Federal · in force (amended)

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§Preamble

This is not an official Translation:

The Administrative Penalties for Violations Related to the Application of Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses Cabinet Decision No. 75 of 2023 – Issued 10 July 2023 – (Effective 1 August 2023) Cabinet Decision No. 10 of 2024 – Issued 22 February 2024 – (Effective 1 March 2024)

The Cabinet has decided:

- Having reviewed the Constitution,

- Federal Law No. 1 of 1972 on the Competences of the Ministries and Powers of the Ministers, and its amendments,

- Federal Decree-Law No. 13 of 2016 on the Establishment of the Federal Tax Authority, and its amendments,

- Federal Law No. 14 of 2016 on Violations and Administrative Penalties in the Federal Government,

- Federal Decree-Law No. 28 of 2022 on Tax Procedures,

- Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses,

- Cabinet Decision No. 40 of 2017 on the Administrative Penalties for Violation of Tax Laws in the UAE, and its amendments,

- Pursuant to what was presented by the Minister of Finance and approved by the Cabinet,

§Article 1 — Definitions

Definitions in Federal Decree-Law No. 28 of 2022 on Tax Procedures and in Federal

Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses shall apply to this Decision, otherwise, the following words and expressions shall have the meanings assigned against each, unless the context otherwise requires:

Tax : Corporate Tax.

Tax Procedures Law : Federal Decree-Law No. 28 of 2022 on Tax

Procedures.

Corporate Tax Law : Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses. Due Tax : Tax that is calculated and imposed under the provisions of the Corporate Tax Law. Administrative Penalties : Monetary amounts imposed upon the Person by the Authority for breaching the provisions of the Tax

Procedures Law, the Corporate Tax Law or decisions issued by the Cabinet for execution thereof. Tax Audit : A procedure undertaken by the Authority to inspect the commercial records, information, data or goods related to a Person to determine whether the Person has fulfilled his obligations under the Tax Procedures Law or the Corporate Tax Law. Declaration : A declaration made pursuant to Clauses 5 and 6 of Article 53 or Clause 1 of Article 55 of the Corporate Tax Law.

Tax Difference : The difference between the Due Tax as calculated and the Due Tax as it should have been calculated.

§Article 2 — Scope of Application

Notwithstanding the provisions of Cabinet Decision No. 40 of 2017 referred to above, the Administrative Penalties included in the table annexed to this Decision shall apply

to violations related to the application of the Corporate Tax Law.

§Article 3 — Date of Application of Monthly Administrative

Penalties

For the purposes of Clauses 3, 6, 7, 8, and 13 of the table annexed to this Decision, if any penalty is to be imposed on the same date monthly, the date for a month, that does not have a corresponding date for that date, shall be considered to be the last

day of that month, however, the penalty for all other months shall be imposed on the same date the monthly penalty was first imposed.

§Article 4 — Publication and Entry into Force

This Decision shall be published in the Official Gazette and shall come into effect on 1

August 2023.

Table of Violations and Administrative Penalties Annexed to Cabinet Decision No. 75 of 2023 on Violations Related to the Application of Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses

No. Description of Violation Administrative Penalty Amount in AED

1. Failure of the Person conducting a Business or One of the following penalties shall apply:

Business Activity or having a Tax obligation 1. 10,000 for each violation. under the Tax Procedures Law or the 2. 20,000 in each case of repeated Corporate Tax Law to keep the required violation within 24 months from the records and other information specified in the date of the last violation. Tax Procedures Law and the Corporate Tax Law.

2. Failure of the Person conducting Business or 5,000

Business Activity or having a Tax obligation under the Tax Procedures Law or the Corporate Tax Law to submit the data, records and documents related to Tax in Arabic to the Authority when requested.

3. Failure of the Registrant to submit a 1,000 in case of late submission of the deregistration application within the application and on the same date

timeframe specified in the Corporate Tax Law monthly, up to a maximum of 10,000. and its implementing decisions.

4. Failure of the Registrant to inform the One of the following penalties shall apply:

Authority of any case that may require the 1. 1,000 for each violation. amendment of the information pertaining to 2. 5,000 in each case of repeated his Tax record kept by the Authority. violation within 24 months from the date of the last violation.

5. Failure of the Legal Representative to provide 1,000

notification of their appointment within the specified timeframes, in which case the penalties will be due from the Legal Representative's own funds.

6. Failure of the Legal Representative to file a Tax 1. 500 for each month, or part thereof, Return within the specified timeframes, in for the first twelve months.

which case the penalties will be due from the 2. 1,000 for each month, or part thereof, Legal Representative's own funds. from the thirteenth month onwards.

This penalty shall be imposed from the day following the expiry date of the timeframe within which the Tax Return must be submitted, and on the same date monthly thereafter.

7. Failure of the Registrant to submit a Tax Return 1. 500 for each month, or part thereof, within the timeframe specified in the for the first twelve months.

Corporate Tax Law. 2. 1,000 for each month, or part thereof, from the thirteenth month onwards.

This penalty shall be imposed from the day following the expiry date of the timeframe within which the Tax Return must be submitted, and on the same date monthly thereafter.

8. Failure of the Taxable Person to settle the 1. A monthly penalty of 14% per annum, Payable Tax. for each month or part thereof, on the unsettled Payable Tax amount from

the day following the due date of payment and on the same date monthly thereafter.

2. For the purposes of this penalty, the due date of payment in the case of the Voluntary Disclosure and Tax Assessment, shall be as follows:

a. 20 Business Days from the date of submission, in the case of a Voluntary Disclosure.

b. 20 Business Days from the date of receipt, in the case of a Tax Assessment.

9. The Registrant submits an incorrect Tax 500, unless the Person corrects his Tax

Return. Return before the expiry of the deadline

for the submission of the Tax Return according to the Corporate Tax Law.

10. The submission of a Voluntary Disclosure by A monthly penalty of 1% on the Tax

the Taxable Person in relation to errors in the Difference, for each month or part Tax Return, Tax Assessment or Tax refund thereof, to be applied as of the date application pursuant to Clauses 1 and 2 of following the due date of the relevant Tax Article 10 of the Tax Procedures Law. Return, the submission of the Tax refund

application, or the Notification of the Tax Assessment and until the date the Voluntary Disclosure is submitted.

11. Failure of the Taxable Person to submit a The following penalties shall apply:

Voluntary Disclosure in relation to errors in the 1. A fixed penalty of 15% on the Tax Tax Return, Tax Assessment or Tax refund Difference. application pursuant to Clauses 1 and 2 of 2. A monthly penalty of 1% on the Tax Article 10 of the Tax Procedures Law, before Difference, for each month or part being notified by the Authority that it will be thereof, to be applied as follows: subject to a Tax Audit. a. Where the Taxable Person submits

a Voluntary Disclosure after being notified that it will be subject to a Tax Audit by the Authority, the penalty shall be imposed for the period from the day following the due date of the relevant Tax Return, or the submission of the Tax refund application or Notification of the Tax Assessment and until the date the Voluntary Disclosure is submitted.

b. Where the Taxable Person fails to submit a Voluntary Disclosure, the penalty shall be imposed as of the date following the due date of the relevant Tax Return, or the submission of the Tax refund application or Notification of the

Tax Assessment and until the date of issuance of the Tax Assessment.

12. Failure of a Person subject to Tax Audit, his Tax 20,000

Agent or Legal Representative to offer facilitation to the Tax Auditor in violation of the provisions of Article 20 of the Tax Procedures Law, in which case the penalties will be due from the Person’s, Legal Representative’s or Tax Agent’s own funds, as applicable.

13. Failure of a Person to submit, or late 1. 500 for each month, or part thereof, submission of a Declaration to the Authority, for the first twelve months.

as required in accordance with the provisions 2. 1,000 for each month, or part thereof, of the Corporate Tax Law. from the thirteenth month onwards.

This penalty shall be imposed from the day following the expiry date of the timeframe within which the Declaration must be submitted, and on the same date monthly thereafter.

14. Failure of the Taxable Person to submit a Tax 10,000

Registration application within the timeframe specified by the Authority in accordance with the Corporate Tax Law. 1

1 Added as per Cabinet Decision No. 10 of 2024

← Record: Corporate Tax Penalties Decision
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