The Administrative Penalties for Violations Related to the Application of Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses
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 â Issued 10 July 2023 â (Effective 1 Aug 2023)
Cabinet Decision No. 10 of 2024 â Issued 22 Feb 2024 â (Effective 1 Mar 2024)
[See GTL Notes]
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.
1. | Failure of the Person conducting a Business or Business Activity or having a Tax obligation under the Tax Procedures Law or the Corporate Tax Law to keep the required records and other information specified in the Tax Procedures Law and the Corporate Tax Law. | One of the following penalties shall apply:
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2. | Failure of the Person conducting Business or 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. | 5,000 |
Failure of the Registrant to submit a deregistration application within the timeframe specified in the Corporate Tax Law and its implementing decisions. | 1,000 in case of late submission of the application and on the same date monthly, up to a maximum of 10,000. | |
4. | Failure of the Registrant to inform the Authority of any case that may require the amendment of the information pertaining to his Tax record kept by the Authority. | One of the following penalties shall apply:
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5. | Failure of the Legal Representative to provide notification of their appointment within the specified timeframes, in which case the penalties will be due from the Legal Representative's own funds. | 1,000 |
Failure of the Legal Representative to file a Tax Return within the specified timeframes, in which case the penalties will be due from the Legal Representative's own funds. |
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. | |
Failure of the Registrant to submit a Tax Return within the timeframe specified in the Corporate Tax Law. |
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. | |
Failure of the Taxable Person to settle the Payable Tax. |
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9. | The Registrant submits an incorrect Tax Return. | 500, unless the Person corrects his Tax 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 the Taxable Person in relation to errors in the Tax Return, Tax Assessment or Tax refund application pursuant to Clauses 1 and 2 of Article 10 of the Tax Procedures Law. | A monthly penalty of 1% on the Tax Difference, for each month or part thereof, to be applied as of the day following the due date of the relevant Tax 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 Voluntary Disclosure in relation to errors in the Tax Return, Tax Assessment or Tax refund application pursuant to Clauses 1 and 2 of Article 10 of the Tax Procedures Law, before being notified by the Authority that it will be subject to a Tax Audit. | The following penalties shall apply:
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12. | Failure of a Person subject to Tax Audit, his Tax 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. | 20,000 |
Failure of a Person to submit, or late submission of a Declaration to the Authority, as required in accordance with the provisions of the Corporate Tax Law. |
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 Registration application within the timeframe specified by the Authority in accordance with the Corporate Tax Law. [1] | 10,000 |