Tuesday, 02 January 2024 12:17 GMT

Penalty 2.0: The New Frontier Of UAE Corporate Tax Compliance


(MENAFN- Khaleej Times)

With under a month remaining before the landmark first corporate tax filing deadline in the UAE, companies across the Emirates are in a race against time. Preparation levels are commendable - audits are wrapping up, figures are being reconciled, and the EmaraTax portal is under constant scrutiny. But readiness isn't enough. The pressing question remains: what happens if businesses slip?

In the past, the penalty landscape was more familiar. It wasn't unusual for companies to overlook the corporate tax registration deadline - only to be hit with a one-time flat fine of Dh10,000 for late registration. Certainly painful, but a finite one. Today, those days are gone - welcome to Penalty 2.0.

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The repercussions of non-compliance in filing the corporate tax return in the UAE are both broader and deeper than they may initially appear. A late filing now attracts a recurring penalty of Dh500 per month, or part thereof, for the first twelve months, which escalates to Dh1,000 per month, or part thereof, thereafter. This penalty is automatically levied on the first day of each month and continues until the month in which the return is filed. Separately, failure to pay the due corporate tax triggers an annual interest rate of 14 percent, calculated on a monthly basis from the day immediately following the due date. The interest continues to accrue on the same date of every month from the day following the due date of payment until the liability is fully settled.

The regulations also provide specific timelines in the case of voluntary disclosures. Where an entity files a voluntary disclosure that increases its corporate tax liability, the additional tax must be paid within twenty business days of submission. If the tax is not paid within this period, interest at 14 percent per annum applies from the twenty-first business day until the payment is made.

Other forms of non-compliance also carry significant costs. Inadequate or poorly maintained records attract a penalty of Dh10,000 per violation, which doubles to Dh20,000 if repeated within twenty-four months of the previous offense. These measures underline the importance of timely compliance and accurate reporting, as even seemingly small lapses can result in compounding penalties and interest obligations that quickly add to the cost of non-compliance.

Penalty 2.0 represents a fundamental shift in the compliance culture of the UAE. It is no longer a question of writing off a single fine as the cost of delay. Instead, businesses face a system where penalties accumulate monthly, interest eats into cash flows, and missed elections create lasting structural disadvantages.

As the countdown to the filing deadline accelerates, companies must go beyond box-ticking. They need to assess whether they are registered correctly, whether they qualify for reliefs, whether group losses have been captured, and whether their documentation meets FTA standards. A single oversight could snowball into recurring fines, foregone reliefs, and mounting liabilities.

Taken as a whole, Penalty 2.0 marks a paradigm shift. It moves away from single-shot fines toward a system of layered, ongoing liabilities that can erode cash flow, distort financial planning, and reduce strategic flexibility.

While there is no one checklist, listing down few non-negotiables for assisting businesses:

. Timely submission of their first corporate tax return.

. Filing is both timely and accurate - errors, especially uncorrected ones, are costly.

. Records are compliant and available in required formats and languages.

. Any inaccuracies are corrected before the filing deadline to avoid compounding penalties.

The first filing under the UAE corporate tax law is more than a compliance exercise - it is a defining moment. Those who approach it with discipline and foresight will unlock reliefs, preserve losses, and cement a culture of tax governance. Those who delay will find themselves caught in the machinery of Penalty 2.0, where the cost of inaction multiplies with every passing month.

The writer is Associate Partner of MICS

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