Heritage Village along the Corniche in Abu Dhabi. Corporate tax takes effect in June across the UAE. Victor Besa / The National
Heritage Village along the Corniche in Abu Dhabi. Corporate tax takes effect in June across the UAE. Victor Besa / The National
Heritage Village along the Corniche in Abu Dhabi. Corporate tax takes effect in June across the UAE. Victor Besa / The National
Heritage Village along the Corniche in Abu Dhabi. Corporate tax takes effect in June across the UAE. Victor Besa / The National


Could there be an emirate-based variation in application of corporate tax in UAE?


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May 15, 2023

If you take a look at any gazetted law, the formal communication of enacted UAE legislation, the first page(s) refer to previous statutes that have been reviewed.

This is part of efforts to ensure the systematic and continued development of regulated frameworks, which both achieve the objective of the legislation and strive to avoid the creation of anomalies.

Corporate tax may be a federal initiative, but clarity is awaited on whether there is a possibility of an emirate-based variation in the law.

It exists for VAT — insurance and hotel charges being two categories under which differentiation occurs.

In some emirates, the municipality fees for hotels guests are charged directly and in others, indirectly. Hence, although it is the same tax, the treatment is different.

The corporate tax decree law allows expenses to be offset against qualifying revenue. These must be wholly and necessarily required to conduct the normal activity of the business.

This phrasing should be familiar to anyone who is registered for VAT.

In Abu Dhabi, it is a legal requirement to provide medical insurance for an employee and up to three dependents. In Dubai, the equivalent rule applies only to the employee.

While it would seem obvious that you can offset the costs of insuring your employee against corporate tax, what about their dependents?

There are two outcomes.

In scenario one, if the business cost of an Abu Dhabi employee mandates the expenditure of additional sums for their support, then surely it must be an allowable expense? This would treat an employee’s designated family members like their housing or travel allowance.

Scenario two involves a decision that dependents are not allowable as a deduction against corporate tax.

As we are talking personnel costs, let us delve a little deeper into remuneration packages. To ensure that business owners do not manipulate salaries, there will be some form of mark-to-market process, so owner salaries are not increased to include a long trail of zeros. There is no reason why a business owner cannot be their own employee.

Are there likely to be specific directives around provisions for performance commissions or bonuses? Will these types of rewards, when benefitting equity owners, be carved out? What might the threshold of ownership be before it applies?

In the case of listed entities, would board directors' share options be one of the deciding factors? What happens where these shares are gradually awarded on a rolling basis, but not fully vested? A choice could be given to convert such options into payable notes or even cash them in.

The Ministry of Labour, which registers all employment, has the breakdown of each employee's financial package. Potential rewards such as commissions and bonuses are not currently hard numbers in the information captured.

Core salary information might potentially allow an automatic banding by industry. Each trade licence is assigned to specific activities. This could allow the setting of permissible upper salary limits.

It is unlikely that corporate tax rules will refuse to accept any deduction against qualifying revenue that is not captured. Additionally, I am not suggesting that higher salaries cannot be paid, simply that their deductibility could be capped.

However, commission-based work still needs to be addressed. The cost of sales in the real estate industry is largely made up of this number. At 5.5 per cent of the economy, it is a material component.

Here we arrive at another key juncture. There is often a delay between the earning of commissions and bonuses, and their payment. At what time will deductions for corporate tax be allowed to be made? Accountants, like me, call this timing difference the cash versus accrual basis.

It could be read that this might be an entity’s choice. The decree law, under Article 20.5, permits “an application to change its method of accounting from a cash basis to [an] accrual basis”.

Unfortunately, I cannot say that this is definitive as it is not clear to me that the converse is true.

The accrual basis, by virtue of recognising the entirety of an event, whether or not all elements have happened, has the benefit of capturing the truest expression of a financial outcome.

For example, at the very end of my accounting year, I sell a building for which I will receive commission, the sale is recognised in my accounts as revenue. The commission is payable two months later, in the following accounting year.

Using accruals, I recognise the sale and commission in the same accounting year. This sensible approach separates the event from its cash flows.

Even as we await the details, at its launch, we taxpayers have been promised a corporate tax legal framework that will have simplicity and global best practice at its core.

David Daly is a partner at the Gulf Tax Accounting Group in the UAE

Real estate tokenisation project

Dubai launched the pilot phase of its real estate tokenisation project last month.

The initiative focuses on converting real estate assets into digital tokens recorded on blockchain technology and helps in streamlining the process of buying, selling and investing, the Dubai Land Department said.

Dubai’s real estate tokenisation market is projected to reach Dh60 billion ($16.33 billion) by 2033, representing 7 per cent of the emirate’s total property transactions, according to the DLD.

UAE currency: the story behind the money in your pockets
Red flags
  • Promises of high, fixed or 'guaranteed' returns.
  • Unregulated structured products or complex investments often used to bypass traditional safeguards.
  • Lack of clear information, vague language, no access to audited financials.
  • Overseas companies targeting investors in other jurisdictions - this can make legal recovery difficult.
  • Hard-selling tactics - creating urgency, offering 'exclusive' deals.

Courtesy: Carol Glynn, founder of Conscious Finance Coaching

The specs

Engine: 2.0-litre 4cyl turbo

Power: 261hp at 5,500rpm

Torque: 405Nm at 1,750-3,500rpm

Transmission: 9-speed auto

Fuel consumption: 6.9L/100km

On sale: Now

Price: From Dh117,059

Directed by Sam Mendes

Starring Dean-Charles Chapman, George MacKay, Daniel Mays

4.5/5

UAE currency: the story behind the money in your pockets

A Bad Moms Christmas
Dir: John Lucas and Scott Moore
Starring: Mila Kunis, Kathryn Hahn, Kristen Bell, Susan Sarandon, Christine Baranski, Cheryl Hines
Two stars

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%3Cp%3E%3Cstrong%3EDirectors%3A%3C%2Fstrong%3E%20Amit%20Joshi%20and%20Aradhana%20Sah%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ECast%3A%3C%2Fstrong%3E%20Shahid%20Kapoor%2C%20Kriti%20Sanon%2C%20Dharmendra%2C%20Dimple%20Kapadia%2C%20Rakesh%20Bedi%3C%2Fp%3E%0A%3Cp%3E%3Cstrong%3ERating%3A%3C%2Fstrong%3E%204%2F5%3C%2Fp%3E%0A
THE%20SPECS
%3Cp%3EEngine%3A%203-litre%20V6%20turbo%20(standard%20model%2C%20E-hybrid)%3B%204-litre%20V8%20biturbo%20(S)%0D%3Cbr%3EPower%3A%20350hp%20(standard)%3B%20463hp%20(E-hybrid)%3B%20467hp%20(S)%0D%3Cbr%3ETorque%3A%20500Nm%20(standard)%3B%20650Nm%20(E-hybrid)%3B%20600Nm%20(S)%0D%0D%3Cbr%3EPrice%3A%20From%20Dh368%2C500%0D%3Cbr%3EOn%20sale%3A%20Now%3C%2Fp%3E%0A

6.30pm Meydan Classic Trial US$100,000 (Turf) 1,400m

Winner Bella Fever, Dane O’Neill (jockey), Mike de Kock (trainer).

7.05pm Handicap $135,000 (T) 1,400m

Winner Woven, Harry Bentley, David Simcock.

7.40pm UAE 2000 Guineas Group Three $250,000 (Dirt) 1,600m

Winner Fore Left, William Buick, Doug O’Neill.

8.15pm Dubai Sprint Listed Handicap $175,000 (T) 1,200m

Winner Rusumaat, Dane O’Neill, Musabah Al Muhairi.

8.50pm Al Maktoum Challenge Round-2 Group Two $450,000 (D) 1,900m

Winner Benbatl, Christophe Soumillon, Saeed bin Suroor.

9.25pm Handicap $135,000 (T) 1,800m

Winner Art Du Val, William Buick, Charlie Appleby.

10pm Handicap $135,000 (T) 1,400m

Winner Beyond Reason, William Buick, Charlie Appleby.

Naga
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The biog

Name: Abeer Al Bah

Born: 1972

Husband: Emirati lawyer Salem Bin Sahoo, since 1992

Children: Soud, born 1993, lawyer; Obaid, born 1994, deceased; four other boys and one girl, three months old

Education: BA in Elementary Education, worked for five years in a Dubai school

 

JAPANESE GRAND PRIX INFO

Schedule (All times UAE)
First practice: Friday, 5-6.30am
Second practice: Friday, 9-10.30am
Third practice: Saturday, 7-8am
Qualifying: Saturday, 10-11am
Race: Sunday, 9am-midday 

Race venue: Suzuka International Racing Course
Circuit Length: 5.807km
Number of Laps: 53
Watch live: beIN Sports HD

About Karol Nawrocki

• Supports military aid for Ukraine, unlike other eurosceptic leaders, but he will oppose its membership in western alliances.

• A nationalist, his campaign slogan was Poland First. "Let's help others, but let's take care of our own citizens first," he said on social media in April.

• Cultivates tough-guy image, posting videos of himself at shooting ranges and in boxing rings.

• Met Donald Trump at the White House and received his backing.

Specs – Taycan 4S
Engine: Electric

Transmission: 2-speed auto

Power: 571bhp

Torque: 650Nm

Price: Dh431,800

Specs – Panamera
Engine: 3-litre V6 with 100kW electric motor

Transmission: 2-speed auto

Power: 455bhp

Torque: 700Nm

Price: from Dh431,800

Key developments

All times UTC 4

ORDER OF PLAY ON SHOW COURTS

Centre Court - 4pm (UAE)
Gael Monfils (15) v Kyle Edmund
Karolina Pliskova (3) v Magdalena Rybarikova
Dusan Lajovic v Roger Federer (3)

Court 1 - 4pm
Adam Pavlasek v Novak Djokovic (2)
Dominic Thiem (8) v Gilles Simon
Angelique Kerber (1) v Kirsten Flipkens

Court 2 - 2.30pm
Grigor Dimitrov (13) v Marcos Baghdatis
Agnieszka Radwanska (9) v Christina McHale
Milos Raonic (6) v Mikhail Youzhny
Tsvetana Pironkova v Caroline Wozniacki (5)

Brief scoreline:

Liverpool 2

Mane 51', Salah 53'

Chelsea 0

Man of the Match: Mohamed Salah (Liverpool)

UAE SQUAD

Khalid Essa, Ali Khaseif, Fahad Al Dhanhani, Adel Al Hosani, Bandar Al Ahbabi, Mohammad Barghash, Salem Rashid, Khalifa Al Hammadi, Shaheen Abdulrahman, Hassan Al Mahrami, Walid Abbas, Mahmoud Khamis, Yousef Jaber, Majed Sorour, Majed Hassan, Ali Salmeen, Abdullah Ramadan, Abdullah Al Naqbi, Khalil Al Hammadi, Fabio De Lima, Khalfan Mubarak, Tahnoon Al Zaabi, Ali Saleh, Caio Canedo, Ali Mabkhout, Sebastian Tagliabue, Zayed Al Ameri

FIXTURES

All kick-off times 10.45pm UAE ( 4 GMT)

Tuesday
Mairobr v Liverpool
Spartak Moscow v Sevilla
Feyenoord v Shakhtar Donetsk
Manchester City v Napoli
Monaco v Besiktas
RB Leipzig v Porto
Apoel Nicosia v Borussia Dortmund
Real Madrid v Tottenham Hotspur

Wednesday
Benfica v Manchester United
CSKA Moscow v Basel
Bayern Munich v Celtic
Anderlecht v Paris Saint-Germain
Qarabag v Atletico Madrid
Chelsea v Roma
Barcelona v Olympiakos
Juventus v Sporting Lisbon

Our legal columnist

Name: Yousef Al Bahar

Advocate at Al Bahar & Associate Advocates and Legal Consultants, established in 1994

Education: Mr Al Bahar was born in 1979 and graduated in 2008 from the Judicial Institute. He took after his father, who was one of the first Emirati lawyers

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Fatherland

Kele Okereke

(BMG)

Oppenheimer
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Updated: November 21, 2024, 12:04 PM`