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UAE Corporate Tax: Conditions for Change in Tax Period

Conditions for Change in Tax Period for the Purposes of Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses.

For the purposes of Article 58 of Federal Decree-Law No. 47 of 2022 referred to above, the Taxable Person can make an application to the Authority to change the start and end date of the Tax Period, or use a different Tax Period, where the following conditions are met:

  1. The change is for one of the following reasons:
    • The Taxable Person’s liquidation
    • Aligning the Resident Taxable Person’s Financial Year with the Financial Year of another Resident Person for the purpose of forming a Tax Group or joining an existing Tax Group, or aligning the Taxable Person’s Financial Year with the Financial Year of its domestic or foreign head office, subsidiary, parent, or ultimate parent company, for the purpose of financial reporting, or to benefit from a tax relief available under the Federal Decree-Law No. 47 of 2022 referred to above or under the legislation of a foreign jurisdiction (or)
    • There is valid commercial, economic, or legal reason to change the Tax Period.
  1. The Taxable Person has not yet filed the Tax Return for the Tax Period he is applying to change.
  2. The application for change in Tax Period is in respect of any of following:
    • Extend the current Tax Period to be a maximum of 18 months; or
    • Shorten the next Tax Period to be between 6 and 12 months.
  3. The application shall be made before the lapse of 6 months from the end of the original Tax Period.
  4. Where the Taxable Person filed an application to shorten a Tax Period, the application shall not be in respect of a prior or current Tax Period.

Any provisions contrary to or inconsistent with the provisions of this Decision shall be abrogated. Implementation of the Decision shall be published in the Official Gazette and shall come into effect as of 1 June 2023. All Cabinet Decisions and Ministerial Decisions issued relating to the Corporate Tax Law are available on the Ministry of Finance’s website: www.mof.gov.ae.

 

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