Is the cost of an employee's family visa deductible?
Yes, you can deduct the cost of an employee's family visa, if it is a benefit you provide as part of the employment package and the amount is reasonable. Treat it like any other employee benefit, such as housing or flights, which are deductible.
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The detail
Yes, the cost is deductible under Article 28 as it is not listed as non‑deductible in Article 33, and will be treated as an employee benefit expense. The FTA guidance confirms that costs incurred for the wellbeing/retention of employees (such as travel) are deductible if they are incurred for the Business. It must be wholly and exclusively for your business—which is satisfied when it is an agreed employee benefit—and any personal portion must be apportioned.12
What the law says
- Article 28(1) allows deduction for expenditure wholly and exclusively for the Business that is not capital in nature.1
- Article 28(3) requires apportionment if expenditure is for mixed business and non‑business purposes.1
- FTA guide example treats employee travel and wellbeing benefits as business expenses if part of rewarding/retaining staff (guidance; not legislation).2 Based on FTA guidance
What it depends on
- The family visa must be a contractual or customary employee benefit; if paid merely as a personal accommodation, it is not deductible.2 Based on FTA guidance
- The amount must be reasonably sized (arm‑length standard) – excessive amounts will be disallowed.2 Based on FTA guidance
- There is no specific rule in the sources naming family visa, so deductibility turns on whether the general business purpose test is met – volunteer as employment cost.1
Check before you rely on it
- Check your company policy or employment contract that the family visa cost is documented as an employee benefit.
- Ensure the family visa is for employees (not shareholders) – shareholder family entertainment is disallowed.
- If the employee or a subsidiary pays any part, only the amount borne by your company is deductible.
Sources (2) — read the official text
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Article 28 – Deductible Expenditure
Read the article
Article 28 – Deductible Expenditure 1. Expenditure incurred wholly and exclusively for the purposes of the Taxable Person’s Business that is not capital in nature shall be deductible in the Tax Period in which it is incurred, subject to the provisions of this Decree-Law. 2. For the purposes of calculating the Taxable Income for a Tax Period, no deduction is allowed for the following: a. Expenditure not incurred for the purposes of the Taxable Person’s Business. b. Expenditure incurred in deriving Exempt Income. c. Losses not connected with or arising out of the Taxable Person’s Business. d. Such other expenditure as may be specified in a decision issued by the Cabinet at the suggestion of the Minister. 3. If expenditure is incurred for more than one purpose, a deduction shall be allowed for: a. Any identifiable part or proportion of the expenditure incurred wholly and exclusively for the purposes of deriving Taxable Income. b. An appropriate proportion of any unidentifiable part or proportion of the Federal Decree-Law No. 47 of 2022 and its amendments – Unofficial translation (as published by the Ministry of Finance) 36 expenditure incurred for the purposes of deriving Taxable Income that has been determined on a fair and reasonable basis, having regard to the relevant facts and circumstances of the Taxable Person’s Business.
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Read the article
Company F has purchased items on behalf of its subsidiary. Accordingly, AED 700,000 that is not incurred for the Business of Company F is disallowed while determining Taxable Income, assuming there is no reimbursement of expenditure by the subsidiary to Company F. If there was a partial reimbursement of expenditure by the subsidiary to Company F, then only the amount that is not reimbursed would be disallowed in the hands of Company F as it was not incurred for the Business of Company F. Further, Company F has incurred AED 200,000 for the entertainment of shareholders’ family members. Since this expenditure is not incurred for the Business of Company F, it is disallowed. 5.3.4 Expenditure incurred for more than one purpose As noted in Section 4.5.4, if expenditure is incurred partly for Business purposes and partly for some other purpose, the amount must be apportioned so that only the part relating to the derivation of Taxable Income will be allowed as a deduction. (A) Employee travel expenditure: Company F has incurred AED 70,000 on travel expenses for its employees, AED 20,000 of which relates to personal travel by employees during weekends or nonworking hours. However, since the entire expenditure of AED 70,000 is incurred for the benefit/wellbeing of the employees, i.e. as part of the company’s efforts to reward/retain the employees, it is directly connected to the Business of Company F. Therefore, the whole cost will be considered to be incurred for the purpose of the Business of Company F – in the same way as a fair market employee benefit, for instance – and hence, will be allowed as a deduction, i.e. no adjustment is required while determining Taxable Income, provided the aggregate amount is in line with the arm’s length standard. (B) Shared employee cost: Company F has incurred AED 2,000,000 towards Ms K’s salary cost (including housing allowance, health insurance for employee and their dependents, air travel allowance for employee and their dependents, etc.). Ms K spends 30% of her time working for Company Q. From the total salary of Ms K, i.e. AED 2,000,000, an apportionment based on the time spent working for Company F and Company Q will mean that AED 1,400,000 (70% of AED 2,000,000) will qualify as Business expenditure related to Company F’s Business. The remaining AED 600,000 (30% of AED 2,000,000) will not be allowed as Business expenditure. Accordingly, AED 600,000 will be disallowed, i.e. added back, while determining the Taxable Income of Company F, unless this cost is recharged to Company Q at arm’s length. Corporate Tax Guide | Determination of Taxable Income | CTGDTI1 56
Written by AI from the FTA sources above and checked before display. Not tax advice or official FTA information - confirm with a tax adviser before you act. Full disclaimer
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