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Document Type: Tax Law Article
Law: VAT (FDL No 8 of 2017)
Article Number: 74
Country: 🇦🇪 UAE
Location: Part 8 - Tax Period, Tax Returns, Tax Payment and Refund of Tax › Chapter 3 - Carrying forward the Excess of Refundable Tax and Tax Refund
Order: 74

Article 74 - Excess Refundable Tax

Part 8: Tax Period, Tax Returns, Tax Payment and Refund of Tax

Part 8: Tax Period, Tax Returns, Tax Payment and Refund of Tax

Chapter 3 - Carrying forward the Excess of Refundable Tax and Tax Refund

Article 74 - Excess Refundable Tax [21]

  1. [Notwithstanding the provisions of the Executive Regulations of this Decree-Law, the taxable person shall carry forward any excess of the refundable tax to the subsequent tax periods and offset such excess against the payable tax or any administrative fines imposed pursuant to the provisions of this Decree-Law or Federal Law No. (7) of 2017 on Tax Procedures [G1] in the subsequent tax periods until such excess is fully utilized, in the following cases:

    1. If the refundable input tax of the taxable person, pursuant to this Decree-Law, exceeds the payable output tax for the same tax period.

    2. If the tax paid by the taxable person to the Authority exceeds the payable tax in accordance with the provisions of this Decree-Law, other than the case referred to in paragraph (a) of Clause (1) of this Article.

  2. If there is any excess for any tax period after being carried forward for a period of time, the taxable person may submit to the Authority an application for requesting the refund of such excess. The Executive Regulations of this Decree-Law shall determine the time limits, procedures and mechanisms of returning any remaining excess to the taxable person.]

  3. [G2]

Footnotes

[21] Article amended as per Federal Decree-Law No. 18 of 2022 effective from 1 January 2023

GTL Notes

[G1] Federal Law No. (7) of 2017 has been repealed by the Federal Law No. (28) of 2022 on Tax Procedures with effect from 1 March 2023

[G2] Article 74 amended by Federal Decree-Law No. 18 of 2022 effective from 1 January 2023. This replaces the following text:
  1. 'With the exception of what will be stipulated in the Executive Regulation of this Decree-Law, the Taxable Person shall carry forward any excess Recoverable Tax to the subsequent Tax Periods and offset such excess against Payable Tax or any Administrative Penalties imposed under this Decree-law or Federal Decree-Law No (7) of 2017 on Tax Procedures in subsequent Tax Periods until such excess is fully utilised, in the following cases:
    1. If the Taxable Person's Recoverable Input Tax set forth in this Decree-Law exceeds the Output Tax payable for the same Tax Period.
    2. If the Tax paid to the Authority by the Taxable Person exceeds the Payable Tax according to the provisions of this Decree-Law, other than in the instance mentioned in paragraph (a) of Clause (1) of this Article.
  2. If there remains any excess for any Tax Period after being carried forward for a period of time, the Taxable Person may apply to the Authority to reclaim the remaining excess. The Executive Regulation of this Decree-Law shall specify the time limits, procedures and mechanisms of returning any remaining excess to the Taxable Person.'