Penalty for Late Corporate Tax Registration in UAE

On February 27, 2024, the Ministry of Finance announced an AED10,000 penalty for late registration of UAE Corporate Tax. Businesses failing to submit their Corporate Tax registration on time, as specified by the Federal Tax Authority, will face this penalty. The aim of this penalty is to promote compliance with tax laws, urging taxpayers to register for corporate tax promptly. The penalty amount for delayed tax registration mirrors the penalties for late registration of excise tax and value-added tax. This measure underscores the government’s commitment to ensuring timely tax compliance and fostering a culture of adherence to tax regulations among businesses in the UAE.

What is the purpose of AED10,000 penalty for late corporate tax registration in UAE? The purpose of AED10,000 penalty for late corporate tax registration in UAE is to encourage taxpayers to comply with tax regulations and register for corporate tax timely.

Administrative Penalties for Corporate Tax Violations:

Violation

Penalty (AED)

Failure to keep required records and information

10,000 for each violation.

20,000 for repeated violations within 24 months

Failure to submit records and documents in Arabic when requested

5,000

Late submission of deregistration application

Apply late, you’ll pay 1,000. Then, every month on that same date, you’ll pay 1,000 until you reach a maximum of 10,000

Failure to inform FTA of changes to tax record information

1,000 per violation

5,000 for repeated violations within 24 months

Failure to Notify Appointment Within Timeframes

1,000

Failure to File Tax Return Within Specified Timeframes

500 for each complete month or any part thereof, applicable for the initial twelve months.


1,000 for each complete month or any part thereof, effective from the thirteenth month onward.

Failure to Submit Corporate Tax Return within Specified Timeframe




500 for each month, or part thereof, for the first twelve months.

1,000 for each month, or part thereof, from the thirteenth month onwards.

Failure to settle payable tax

14% annual penalty per month on unsettled amount

Registrant submits an incorrect Tax Return

500 penalty unless the person corrects their tax return before the deadline according to Corporate Tax Law

Penalty for Late Submission of Voluntary Disclosure under Tax Procedures Law

Monthly penalty of 1% on Tax Difference until submission

Failure to submit voluntary disclosure before tax audit notification

15% fixed penalty on tax difference, 1% monthly penalty

Failure to facilitate tax audit

20,000 penalty from taxable person, representative or agent

 

How Can ADEPTS  Help?

ADEPTS play an important role in helping businesses prevent penalties for late corporate tax registration. Here’s how they can assist: 

 

Timely Compliance Reminders: Provide clients with timely reminders for tax registration deadlines, ensuring prompt submission of necessary documents.

 

Expert Guidance on Requirements: Offer expert guidance for UAE corporate tax registration, aiding clients in understanding requirements and procedures.

 

Assistance with Documentation: Streamlines tax registration by preparing and organizing documentation, minimizing errors and delays.

 

Submission Support: Ensure clients’ timely and accurate submission of registration documents for a smooth process.

 

Monitoring Regulatory Changes: Updated tax regulations, informing clients promptly of any changes that may impact their tax registration status. 

 

Regular Compliance Reviews: Regularly review client compliance to ensure they meet tax obligations, avoiding late registration and penalties.

 

The Power of Compliance: Why Registering for Corporate Tax in UAE is a Game Changer

The UAE has introduced a Corporate Tax Law, which applies to financial years beginning on or after 01 June 2023. This law requires companies to register for Corporate Tax, and non-compliance can lead to penalties and legal consequences. 

Why Register for Corporate Tax in UAE?

Registering for Corporate Tax in UAE is crucial for several reasons
Legal Requirement: The UAE Federal Tax Authority (FTA) has mandated that all companies are required to register for the Corporate Tax Law.
Preventing Penalties: Non-compliance with the Corporate Tax Law can result in penalties and legal consequences.
Corporate Tax Registration Benefits: 
  • Legal Compliance
  • Business Credibility
  • Access to Government Incentives 
  • Eligibility for Government Contracts

How to Register for Corporate Tax in UAE

Registering for corporate tax in the UAE can be done through the EmaraTax portal, designed based on international best practices to facilitate seamless tax registration, tax return filing, and payment.

Key Priorities for 2024

Ensure QFZP Compliance: Businesses must meet all conditions to qualify as a Qualifying Free Zone Person (QFZP) to benefit from a 0% Corporate Tax rate.
Review Legal Entity Structure: Evaluate the legal entity structure to identify any inefficiencies or opportunities related to Corporate Tax. Review Accounting Policies: Assess accounting policies that could impact tax outcomes, such as items recorded in Other Comprehensive Income, provisioning, depreciation, and amortization.
Compliance with Transfer Pricing Rules: Ensure compliance with transfer pricing rules and regulations to impact the effective tax rate and income allocation within the Group.
Identify Foreign Company Activities: Identify foreign company Directors or senior management operating from the UAE and critical commercial activities carried out by employees or related parties.

New Timeline for UAE Corporate Tax Registration

The UAE Federal Tax Authority (FTA) has specified timeframes for Corporate Tax registration, effective March 1, 2024. Businesses are obligated to register for Corporate Tax within a designated time frame. The registration application should be sent to the FTA, and businesses must submit their tax return to the FTA within nine months following the conclusion of the fiscal year. Late registration will be levied a fee of 10,000 AED.

Resident Persons

Juridical persons who are Resident Persons incorporated, established, or recognized before March 1, 2024, must apply to register for Corporate Tax within the following timeframes: Month of License Issuance
  • January or February: May 31, 2024
  • March or April: June 30, 2024
  • May: July 31, 2024
  • June: August 31, 2024
  • July: September 30, 2024
  • August or September: October 31, 2024
  • October or November: November 30, 2024
  • December: December 31, 2024

Non-Resident Persons

The Federal Tax Authority (FTA) has provided the criteria for identifying Non-Residents subject to Corporate Tax in the UAE. In general, Corporate Tax applies to: Non-Resident Juridical Person
  • Deriving income from its permanent establishment(s) in UAE
  • Who has a ‘nexus’ in the UAE
  • Deriving state-sourced income
Non-Resident Natural Person
  • Deriving income from his permanent establishment(s) in UAE
  • Deriving state-sourced income
Non-resident persons deriving state-sourced income Any non-resident who receives state-sourced income is currently subject to withholding tax at the rate 0%.
Non-resident juridical person that has a nexus in the UAE (derives income from UAE Immovable Property) Corporate Tax is also applicable when there is a nexus between a non-resident juridical person and the UAE. This nexus serves as the linking factor for Corporate Tax purposes. According to Cabinet Decision No. 56 of 2023, if a non-resident legal entity earns income from immovable property in the UAE, it establishes a nexus in the UAE. Consequently, non-resident legal entities are liable to pay Corporate Tax on income derived from immovable property in the UAE.

Natural Persons

Residents who surpass the turnover threshold must register by March 31st of the following year. Non-residents who meet the same criteria must register within three months of becoming liable for taxation.

New Juridical Persons

Juridical persons incorporated, established, or recognized on or after March 1, 2024, must apply to register for Corporate Tax within three months of incorporation, establishment, or recognition.

Conclusion: 

Registering for Corporate Tax in UAE is a game-changer for businesses, as it ensures compliance with the law, prevents penalties, and provides strategic planning opportunities. By following the steps outlined in this blog, companies can effectively register for Corporate Tax and take advantage of its benefits. Late registration and non-compliance with these regulations result in a penalty of AED 10,000. If you need help with corporate tax registration, ADEPTS can help you with Corporate tax registration and ensure compliance with the FTA and other tax authorities in the UAE.