Can the penalty for late Corporate Tax registration be waived?

categories of Exempt Persons can have this بحسب،المعفيين من هذه الغرامة اإلدارية وردها إليهم administrative penalty waived and, if applicable, .االقتضاء refunded. ملخص Summary Persons required to register for Corporate Tax, يمكن أن يخضع األشخاص الملزمين بالتسجيل لضريبة including juridical persons intending to apply for بما في ذلك األشخاص االعتباريين الذين يرغبون،الشركات the exemption referred to under Article 4(1)(e) to في التقدّم بطلب للحصول على اإلعفاء المُ شار إليه بموجب (i) of the Corporate Tax Law, may be subject to an ) من4( ) من المادة1( الفقرات من (هـ) إلى (ط) من البند Administrative Penalty of AED 10,000 for failure 10,000 لغرامة إدارية قيمتها،قانون ضريبة الشركات to submit a Tax Registration application for درهم إماراتي وذلك لعدم قيامهم بتقديم طلب تسجيل ضريبي Corporate Tax to the FTA within the timeline set لضريبة الشركات إلى الهيئة خالل المدة التي تُحددها الهيئة .)"("غرامة التأخر في التسجيل by the FTA (“Late Registration Penalty”). The FTA has launched an initiative to waive this أطلقت الهيئة مبادرة لإلعفاء من غرامة التأخر في التسجيل Late Registration Penalty provided that a Taxable شريطة قيام الخاضع للضريبة بتقديم إقراره الضريبي خالل Person submits its Tax Return within seven من تاريخ انتهاء فترته، بدالً عن تسعة أشهر،سبعة أشهر months from the end of its first Tax Period, .الضريبية األولى instead of nine months. Persons that were subject to a Late Registration بالنسبة لألشخاص الذين فُرضت عليهم غرامة التأخر في Penalty and subsequently became exempt from التسجيل وأصبحوا معفيين من ضريبة الشركات الحقا ً بعد Corporate Tax following an application approved فيمكنهم أيضا ً االستفادة،الموافقة على طلب مقدم إلى الهيئة by the FTA, may also benefit from this waiver, if من اإلعفاء من هذه الغرامة في حال قيامهم بتقديم تصريحهم they submit their annual declaration within seven من تاريخ، بدالً عن تسعة أشهر،السنوي خالل سبعة أشهر months from the end of their first Financial Year, .انتهاء سنتهم المالية األولى instead of nine months. Persons within the scope of this initiative are يكون األشخاص المشمولون بهذه المبادرة مؤهلين لالستفادة eligible for this waiver even if the Late من هذا اإلعفاء حتى في حال ت ّم سداد غرامة التأخر في Registration Penalty has already been settled. In سيت ّم رد المبلغ إلى حساب، وفي هذه الحالة.التسجيل بالفعل such case, a refund shall be made by crediting the .الشخص على منصة إمارات تاكس amount to the person’s EmaraTax account. This initiative only applies to the first Tax Period, ً سواء،تنطبق هذه المبادرة فقط على الفترة الضريبية األولى .كانت سابقة أو مستقبلية whether in the past or in the future. This initiative does not affect the deadline of ال تؤثر هذه المبادرة على المهلة التي يتعين فيها على الخاضع 2/15

Article 4 – Publication and Entry into Force This Decision shall be published in the Official Gazette and shall come into effect on 1 August 2023. Cabinet Decision No. 75 of 2023 and its amendments – As published by Ministry of Finance 3 Table of Violations and Administrative Penalties Annexed to Cabinet Decision No. 75 of 2023 on Violations Related to the Application of Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses No. Description of Violation Administrative Penalty Amount in AED 1. Failure of the Person conducting a Business or Business Activity or having a Tax obligation under the Tax Procedures Law or the Corporate Tax Law to keep the required records and other information specified in the Tax Procedures Law and the Corporate Tax Law. Failure of the Person conducting Business or Business Activity or having a Tax obligation under the Tax Procedures Law or the Corporate Tax Law to submit the data, records and documents related to Tax in Arabic to the Authority when requested. Failure of the Registrant to submit a deregistration application within the timeframe specified in the Corporate Tax Law and its implementing decisions. Failure of the Registrant to inform the Authority of any case that may require the amendment of the information pertaining to his Tax record kept by the Authority. One of the following penalties shall apply: 1. 10,000 for each violation. 2. 20,000 in each case of repeated violation within 24 months from the date of the last violation. 2. 3. 4. 5. 6. 5,000 1,000 in case of late submission of the application and on the same date monthly, up to a maximum of 10,000. One of the following penalties shall apply: 1. 1,000 for each violation. 2. 5,000 in each case of repeated violation within 24 months from the date of the last violation. Failure of the Legal Representative to provide 1,000 notification of their appointment within the specified timeframes, in which case the penalties will be due from the Legal Representative's own funds. Failure of the Legal Representative to file a Tax 1. 500 for each month, or part thereof, Return within the specified timeframes, in for the first twelve months. Cabinet Decision No. 75 of 2023 and its amendments – As published by Ministry of Finance 4 7. 8. 9. which case the penalties will be due from the 2. 1,000 for each month, or part thereof, Legal Representative's own funds. from the thirteenth month onwards. This penalty shall be imposed from the day following the expiry date of the timeframe within which the Tax Return must be submitted, and on the same date monthly thereafter. Failure of the Registrant to submit a Tax Return 1. 500 for each month, or part thereof, within the timeframe specified in the for the first twelve months. Corporate Tax Law. 2. 1,000 for each month, or part thereof, from the thirteenth month onwards. This penalty shall be imposed from the day following the expiry date of the timeframe within which the Tax Return must be submitted, and on the same date monthly thereafter. Failure of the Taxable Person to settle the 1. A monthly penalty of 14% per annum, Payable Tax. for each month or part thereof, on the unsettled Payable Tax amount from the day following the due date of payment and on the same date monthly thereafter. 2. For the purposes of this penalty, the due date of payment in the case of the Voluntary Disclosure and Tax Assessment, shall be as follows: a. 20 Business Days from the date of submission, in the case of a Voluntary Disclosure. b. 20 Business Days from the date of receipt, in the case of a Tax Assessment. The Registrant submits an incorrect Tax 500, unless the Person corrects his Tax Return. Return before the expiry of the deadline Cabinet Decision No. 75 of 2023 and its amendments – As published by Ministry of Finance 5 10. The submission of a Voluntary Disclosure by the Taxable Person in relation to errors in the Tax Return, Tax Assessment or Tax refund application pursuant to Clauses 1 and 2 of Article 10 of the Tax Procedures Law. 11. Failure of the Taxable Person to submit a Voluntary Disclosure in relation to errors in the Tax Return, Tax Assessment or Tax refund application pursuant to Clauses 1 and 2 of Article 10 of the Tax Procedures Law, before being notified by the Authority that it will be subject to a Tax Audit. for the submission of the Tax Return according to the Corporate Tax Law. A monthly penalty of 1% on the Tax Difference, for each month or part thereof, to be applied as of the date following the due date of the relevant Tax Return, the submission of the Tax refund application, or the Notification of the Tax Assessment and until the date the Voluntary Disclosure is submitted. The following penalties shall apply: 1. A fixed penalty of 15% on the Tax Difference. 2. A monthly penalty of 1% on the Tax Difference, for each month or part thereof, to be applied as follows: a. Where the Taxable Person submits a Voluntary Disclosure after being notified that it will be subject to a Tax Audit by the Authority, the penalty shall be imposed for the period from the day following the due date of the relevant Tax Return, or the submission of the Tax refund application or Notification of the Tax Assessment and until the date the Voluntary Disclosure is submitted. b. Where the Taxable Person fails to submit a Voluntary Disclosure, the penalty shall be imposed as of the date following the due date of the relevant Tax Return, or the submission of the Tax refund application or Notification of the Cabinet Decision No. 75 of 2023 and its amendments – As published by Ministry of Finance 6 12. 13. 14. Tax Assessment and until the date of issuance of the Tax Assessment. Failure of a Person subject to Tax Audit, his Tax 20,000 Agent or Legal Representative to offer facilitation to the Tax Auditor in violation of the provisions of Article 20 of the Tax Procedures Law, in which case the penalties will be due from the Person’s, Legal Representative’s or Tax Agent’s own funds, as applicable. Failure of a Person to submit, or late 1. 500 for each month, or part thereof, submission of a Declaration to the Authority, for the first twelve months. as required in accordance with the provisions 2. 1,000 for each month, or part thereof, of the Corporate Tax Law. from the thirteenth month onwards. This penalty shall be imposed from the day following the expiry date of the timeframe within which the Declaration must be submitted, and on the same date monthly thereafter. Failure of the Taxable Person to submit a Tax 10,000 Registration application within the timeframe specified by the Authority in accordance with the Corporate Tax Law. 1 1 Added as per Cabinet Decision No. 10 of 2024 Cabinet Decision No. 75 of 2023 and its amendments – As published by Ministry of Finance 7