#UAE Corporate Tax Unrealized Losses

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A corporate tax is a tax levied by the government on businesses. It is used to generate government revenue and fund public services. Corporate tax rates are typically higher than personal tax rates. Businesses must pay corporate taxes on their profits. The amount of tax owed is calculated based on the income, expenses, and other factors of the business. Certain business expenses can be deducted from taxable income, lowering the tax bill. Typically, corporate taxes are paid quarterly or annually.click here https://www.reyson.ae/corporate-tax-details/corporate-tax-readiness-in-uae

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Elections While Filing the Corporate Tax Returns

Corporate Tax Returns Guide

The Federal Tax Authority, UAE, published on 11th November 2024, Corporate Tax Guide | CTGTXR1 for Corporate Tax return filing. This guide has given a lot of details and clarified many questions relating to Corporate Tax return filing. It is very important to understand the process and field of Corporate Tax returns to avoid clerical mistakes that may end up in filing the wrong filing.

As the UAE continues to implement its Corporate Tax framework, the Federal Tax Authority (FTA) has released detailed guidance on Corporate Tax return filing. This recent announcement is crucial for businesses in the UAE to understand their tax obligations, available tax reliefs, and elections that can impact their taxable income and compliance. This guide will break down these important updates from the FTA in simple terms, helping you navigate Corporate Tax filing requirements with ease.

What is Corporate Tax and why are elections important?

The UAE introduced Corporate Tax to diversify its revenue sources and align with international tax practices. Corporate tax in the UAE generally applies at a rate of 9% for taxable income over AED 375,000, and businesses are required to file a Corporate Tax return outlining their taxable income and tax obligations.

One of the unique features of Corporate Tax filing is the availability of election-specific choices that allow businesses to make certain adjustments or apply for tax relief under set conditions. Elections can have a significant impact on a company’s taxable income, cash flow, and compliance costs, so understanding when and how to make these elections is critical for businesses operating in the UAE.

Overview of Key Elections Available for UAE Corporate Tax

The FTA’s recent guidance highlights several key elections that taxable persons (businesses subject to Corporate Tax) can make as part of their Corporate Tax return filing. Each election has unique rules, application conditions, and potential benefits. Below is an overview of these elections and how they can impact your Corporate Tax return.

1. Realization Basis Election

For businesses that prepare financial statements on an accrual basis (recording income and expenses when they are incurred rather than when cash is received or paid), the realization basis election is an option. This election allows a business to disregard unrealized gains and losses recorded in financial statements when calculating Corporate Tax.

In simple terms, unrealized gains and losses are changes in asset value that haven't been converted into cash. For example, if your investment property value rises, this gain would appear on your financial statements but wouldn't affect your tax until it’s actually sold.

Important Points

Timing: This election can only be made for the first tax period.

Irrevocability: Once chosen, it applies to all future tax periods and cannot be changed unless the FTA grants approval under exceptional circumstances.

2. Transitional Rules Election

For businesses with certain assets acquired before the Corporate Tax law came into effect, there is a transitional election available. This election allows companies to exclude gains (and in some cases losses) that relate to the period before the UAE's Corporate Tax law was introduced. This can apply to qualifying financial assets, qualifying immovable property, and qualifying intangible assets.

This election is beneficial for businesses with historical assets that may have appreciated in value, helping avoid taxes on gains that arose before Corporate Tax was established.

Key Details

Application: This election is only available for the first tax period.

Irrevocability: Once made, it cannot be changed without FTA approval.

3. Small Business Relief Election

Small businesses, defined as resident persons with revenue of AED 3 million or less, may be eligible for the Small Business Relief election. This relief offers a simplified tax filing process and exempts qualifying businesses from paying Corporate Tax in the relevant period, provided they meet the requirements.

Conditions for Eligibility

Revenue must not exceed AED 3 million for the relevant tax period and all previous periods.

The business cannot be part of a multinational enterprise (MNE) group or qualify as a free zone person.

Benefits

Qualifying businesses that elect Small Business Relief will not need to calculate taxable income or pay Corporate Tax for the applicable period.

The tax return filing process is simplified, with fewer fields to complete.

4. Transfers within a qualifying group

The UAE Corporate Tax law allows certain tax reliefs for transfers of assets or liabilities between companies within the same qualifying group. A business can make an election to apply relief for such transfers, ensuring no gain or loss arises from the transaction for Corporate Tax purposes.

Requirements

Both companies must meet the conditions to be treated as members of the same qualifying group.

The election applies to all qualifying transfers within the group for the period the election is made and future periods unless revoked by the FTA under exceptional circumstances.

Advantages

This election can help streamline intra-group restructuring or operational changes without triggering additional Corporate Tax.

5. Business Restructuring Relief

Business restructuring often involves complex transactions like mergers, acquisitions, and asset transfers, which can carry significant tax implications. The UAE Corporate Tax law provides a special election for business restructuring relief under certain conditions, which eliminates the Corporate Tax impact of qualifying transactions involved in restructuring.

This election is made by the transferor (the entity transferring assets or undergoing restructuring) and applies only to eligible restructuring transactions.

Significance

This relief helps businesses restructure more efficiently without facing immediate tax obligations, which can aid in growth and expansion strategies.

Important Reminders on Making Elections

To make any of these elections effective, the taxable person must:

(i) Satisfy Relevant Conditions

Ensure that they meet all conditions specified for each election, as outlined by the FTA.

(ii) Include the election in the tax return.

 Elections must be made within the Corporate Tax return itself. Once submitted, no additional confirmation is needed from the FTA, and the election becomes effective immediately.

(iii) Understand the Impact on Future Periods

Elections like the realization basis and transfers within a qualifying group are irrevocable and will apply to future tax periods as well, meaning businesses should carefully consider the long-term impact.

To learn more about Elections While Filing the Corporate Tax Returns, book a free consultation with one of the Flyingcolour Tax team advisors.

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The introduction of Corporate in the UAE follows logically from the UAE's membership in the OECD inclusive framework. The most frequently asked question as the Corporate Tax was implemented was about the UAE Corporate Tax Registration.

The United Arab Emirates (UAE) has been a member of the Organization for Economic Cooperation and Development (OECD) since 2010, and its commitment to international cooperation was reaffirmed in 2016 when it joined the Inclusive Framework on Base Erosion and Profit Shifting (BEPS).click here https://www.reyson.ae