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

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UAE currency: the story behind the money in your pockets
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Libya's Gold

UN Panel of Experts found regime secretly sold a fifth of the country's gold reserves. 

The panel’s 2017 report followed a trail to West Africa where large sums of cash and gold were hidden by Abdullah Al Senussi, Qaddafi’s former intelligence chief, in 2011.

Cases filled with cash that was said to amount to $560m in 100 dollar notes, that was kept by a group of Libyans in Ouagadougou, Burkina Faso.

A second stash was said to have been held in Accra, Ghana, inside boxes at the local offices of an international human rights organisation based in France.

COMPANY PROFILE
Name: Kumulus Water
 
Started: 2021
 
Founders: Iheb Triki and Mohamed Ali Abid
 
Based: Tunisia 
 
Sector: Water technology 
 
Number of staff: 22 
 
Investment raised: $4 million 
ELECTION%20RESULTS
%3Cp%3EMacron%E2%80%99s%20Ensemble%20group%20won%20245%20seats.%26nbsp%3B%3C%2Fp%3E%0A%3Cp%3EThe%20second-largest%20group%20in%20parliament%20is%20Nupes%2C%20a%20leftist%20coalition%20led%20by%20Jean-Luc%20Melenchon%2C%20which%20gets%20131%20lawmakers.%26nbsp%3B%3C%2Fp%3E%0A%3Cp%3EThe%20far-right%20National%20Rally%20fared%20much%20better%20than%20expected%20with%2089%20seats.%3C%2Fp%3E%0A%3Cp%3EThe%20centre-right%20Republicans%20and%20their%20allies%20took%2061.%3C%2Fp%3E%0A
Results

Final: Iran beat Spain 6-3.

Play-off 3rd: UAE beat Russia 2-1 (in extra time).

Play-off 5th: Japan beat Egypt 7-2.

Play-off 7th: Italy beat Mexico 3-2.

The specs
Engine: 2.4-litre 4-cylinder

Transmission: CVT auto

Power: 181bhp

Torque: 244Nm

Price: Dh122,900 

The Gentlemen

Director: Guy Ritchie

Stars: Colin Farrell, Hugh Grant 

Three out of five stars

Key facilities
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The%20specs
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GIANT REVIEW

Starring: Amir El-Masry, Pierce Brosnan

Director: Athale

Rating: 4/5

RESULT

Bayern Munich 0 AC Milan 4
Milan: Kessie (14'), Cutrone (25', 43'), Calhanoglu (85')

The Transfiguration

Director: Michael O’Shea

Starring: Eric Ruffin, Chloe Levine

Three stars

The specs: 2018 Nissan Patrol Nismo

Price: base / as tested: Dh382,000

Engine: 5.6-litre V8

Gearbox: Seven-speed automatic

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Torque: 560Nm @ 3,600rpm

Fuel economy, combined: 12.7L / 100km

Jetour T1 specs

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Warlight,
Michael Ondaatje, Knopf 

VEZEETA PROFILE

Date started: 2012

Founder: Amir Barsoum

Based: Dubai, UAE

Sector: HealthTech / MedTech

Size: 300 employees

Funding: $22.6 million (as of September 2018)

Investors: Technology Development Fund, Silicon Badia, Beco Capital, Vostok New Ventures, Endeavour Catalyst, Crescent Enterprises’ CE-Ventures, Saudi Technology Ventures and IFC

COMPANY PROFILE
Name: HyperSpace
 
Started: 2020
 
Founders: Alexander Heller, Rama Allen and Desi Gonzalez
 
Based: Dubai, UAE
 
Sector: Entertainment 
 
Number of staff: 210 
 
Investment raised: $75 million from investors including Galaxy Interactive, Riyadh Season, Sega Ventures and Apis Venture Partners
UAE currency: the story behind the money in your pockets

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by David Gilmour

Allen Lane

The specs

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Power: 620hp from 5,750-7,500rpm
Torque: 760Nm from 3,000-5,750rpm
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On sale: Now
Price: From Dh1.05 million ($286,000)

UAE currency: the story behind the money in your pockets
UNSC Elections 2022-23

Seats open:

  • Two for Africa Group
  • One for Asia-Pacific Group (traditionally Arab state or Tunisia)
  • One for Latin America and Caribbean Group
  • One for Eastern Europe Group

Countries so far running: 

  • UAE
  • Albania 
  • Brazil 

Best Academy: Ajax and Benfica

Best Agent: Jorge Mendes

Best Club : Liverpool   

 Best Coach: Jurgen Klopp (Liverpool)  

 Best Goalkeeper: Alisson Becker

 Best Men’s Player: Cristiano Ronaldo

 Best Partnership of the Year Award by SportBusiness: Manchester City and SAP

 Best Referee: Stephanie Frappart

Best Revelation Player: Joao Felix (Atletico Madrid and Portugal)

Best Sporting Director: Andrea Berta (Atletico Madrid)

Best Women's Player:  Lucy Bronze

Best Young Arab Player: Achraf Hakimi

 Kooora – Best Arab Club: Al Hilal (Saudi Arabia)

 Kooora – Best Arab Player: Abderrazak Hamdallah (Al-Nassr FC, Saudi Arabia)

 Player Career Award: Miralem Pjanic and Ryan Giggs

World record transfers

1. Kylian Mbappe - to Real Madrid in 2017/18 - €180 million (Dh770.4m - if a deal goes through)
2. Paul Pogba - to Manchester United in 2016/17 - €105m
3. Gareth Bale - to Real Madrid in 2013/14 - €101m
4. Cristiano Ronaldo - to Real Madrid in 2009/10 - €94m
5. Gonzalo Higuain - to Juventus in 2016/17 - €90m
6. Neymar - to Barcelona in 2013/14 - €88.2m
7. Romelu Lukaku - to Manchester United in 2017/18 - €84.7m
8. Luis Suarez - to Barcelona in 2014/15 - €81.72m
9. Angel di Maria - to Manchester United in 2014/15 - €75m
10. James Rodriguez - to Real Madrid in 2014/15 - €75m

While you're here
MATCH INFO

Everton 2 (Tosun 9', Doucoure 93')

Rotherham United 1 (Olosunde 56')

Man of the Match Olosunde  (Rotherham)

The candidates

Dr Ayham Ammora, scientist and business executive

Ali Azeem, business leader

Tony Booth, professor of education

Lord Browne, former BP chief executive

Dr Mohamed El-Erian, economist

Professor Wyn Evans, astrophysicist

Dr Mark Mann, scientist

Gina MIller, anti-Brexit campaigner

Lord Smith, former Cabinet minister

Sandi Toksvig, broadcaster

 

Updated: November 21, 2024, 12:04 PM