The UAE Ministry of Finance has issued Ministerial Decision No. (105) of 2023

The UAE Ministry of Finance has issued Ministerial Decision No. (105) of 2023

The rules to ensure that businesses remain eligible for a Corporate Tax exemption:

  • A business undergoing liquidation or termination provided that a notification has been submitted to the Federal Tax Authority ("FTA") within (20) twenty business days from the date of the beginning of the liquidation or termination procedure
  • A result of an event or situation that goes beyond the Person's control and could not have been reasonably foreseen or prevented

The steps to apply for Corporate Tax exemption:

  • The Person shall submit an application to the FT within (20) twenty business days from the date it fails to meet the conditions to be exempt
  • The Person is also expected to rectify the failure to meet the conditions within (20) twenty business days from the submission of the application
  • This period may be extended by an additional (20) twenty business days if the failure to rectify is beyond the Person's reasonable control.

The Ministerial Decision addresses cases where a business no longer meets exemption conditions primarily to gain a corporate tax advantage. In such cases, the business will cease to be considered exempt on the date it no longer fulfils the exemption conditions.

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