Legislation Details
- Full Title: Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures
- Law Type: Federal Decree-Law
- Law Number: [no number] of [no year]
- Issued Date: 10 Jul 2023
- Effective Date: 01 Aug 2023
- Official Gazette: No. 756
- Sector: Tax
- Status: Active
- Number of Articles: 84
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the executive regulations for the Federal Decree-Law on Tax Procedures in the United Arab Emirates. The law regulates various aspects of tax administration, including recordkeeping requirements, tax registration and deregistration, tax audits, tax assessments, and dispute resolution procedures. It aims to provide a comprehensive framework for the implementation and enforcement of tax laws in the UAE. The legislation is of practical importance for businesses and individuals subject to taxation in the country, as it outlines their rights, obligations, and the processes they must follow when interacting with the Federal Tax Authority. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to establish the executive regulations for the implementation of Federal Decree-Law No. (28) of 2022 on Tax Procedures. The purpose is to provide detailed rules and procedures for various aspects of tax administration, including recordkeeping, tax registration and deregistration, tax audits, tax assessments, and dispute resolution. The law applies to all taxable persons and other individuals or entities subject to the UAE's tax laws. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Art. 1)
What are the key definitions under this law?
The key definitions provided in this law include:
- Decree-Law: Federal Decree-Law No. (28) of 2022 on Tax Procedures
- Headquarters: The business place of the Taxable Person, or any other place in which they practice their business, store goods or keep records
- Assets: Tangible and intangible assets, including machinery, equipment, goods, etc., which the Federal Tax Authority deems to be owned, leased out or used for purposes related to the engagement in business activities by any Person
(Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this law include: 1. Maintaining proper accounting records and commercial books, including balance sheets, profit and loss accounts, payrolls, fixed asset records, and inventory records. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Art. 2) 2. Retaining all accounting records, commercial books, and supporting documents for specific time periods, ranging from 5 to 7 years. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Art. 3) 3. Notifying the Federal Tax Authority within 20 business days of any changes to the registered person's data, such as name, address, business activity, or legal form. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Art. 6) 4. Licensing authorities in the UAE must notify the Federal Tax Authority within 20 business days of issuing or renewing a business license. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Art. 7)
What licensing, registration, or approval requirements exist?
The law outlines the following licensing, registration, and approval requirements: 1. Persons must apply to the Federal Tax Authority for tax registration, which involves the assignment of a tax registration number or the reactivation of a previously suspended number. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Art. 6) 2. Persons must notify the Federal Tax Authority of the appointment of a legal representative, providing details such as the representative's name, address, and responsibilities. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Art. 8) 3. The Federal Tax Authority reviews and approves tax registration and deregistration applications according to the rules and procedures it has adopted. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Art. 6)
What rights and protections does this law provide?
The legislation does not explicitly specify any rights or protections granted to individuals or businesses under this law. The focus is primarily on outlining the obligations and requirements imposed on taxable persons and other relevant parties.
Which authorities or bodies are responsible for enforcement?
The key authority responsible for the enforcement of this law is the Federal Tax Authority (FTA). The FTA is empowered to: 1. Review and approve tax registration and deregistration applications. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Art. 6) 2. Request additional information and documents from persons to verify their tax obligations. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Art. 2) 3. Determine the rules and procedures for the implementation of various provisions, such as recordkeeping requirements and the submission of voluntary declarations. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Arts. 2, 4, 10)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the provisions of this Cabinet Resolution. The penalties for tax-related offenses would be outlined in the Federal Decree-Law on Tax Procedures, which this Resolution aims to implement.
What fees, charges, or financial provisions are specified?
The legislation does not mention any specific fees, charges, or financial provisions related to the implementation of this Cabinet Resolution.
What exemptions or exceptions apply?
The legislation does not provide any exemptions or exceptions to the requirements and obligations outlined in this Cabinet Resolution.
How are disputes resolved under this law?
The legislation does not specify any dispute resolution mechanisms or procedures under this Cabinet Resolution. Dispute resolution related to tax matters would likely be covered in the Federal Decree-Law on Tax Procedures.
What are the key deadlines and time limits?
The key deadlines and time limits specified in this law include: 1. Persons must notify the Federal Tax Authority of changes to their registered data within 20 business days. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Art. 6) 2. Licensing authorities must notify the Federal Tax Authority of issuing or renewing a business license within 20 business days. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Art. 7) 3. Persons must submit a voluntary declaration within 20 business days of becoming aware of an error in their tax return or tax refund application. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Art. 10)
How does this law interact with other UAE legislation?
This Cabinet Resolution is issued in relation to and for the implementation of Federal Decree-Law No. (28) of 2022 on Tax Procedures. It also references and interacts with the following other UAE legislation: - Federal Law No. (1) of 1972, on the Competences of Ministries and the Powers of Ministers, as amended - Federal Decree-Law No. (13) of 2016, on the Establishment of the Federal Tax Authority, as amended - Federal Decree-Law No. (7) of 2017, on the Excise Tax, as amended - Federal Decree-Law No. (8) of 2017, on the Value-Added Tax, as amended - Cabinet Resolution No. (37) of 2017, on the Executive Regulations of Federal Decree-Law No. (7) of 2017, on the Excise Tax - Cabinet Resolution No. (52) of 2017, on the Executive Regulations of Federal Decree-Law No. (8) of 2017, on the Value-Added Tax, as amended - Cabinet Resolution No. (36) of 2017, on the Executive Regulations of Federal Law No. (7) of 2017, on Tax Procedures, as amended (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Preamble)
When did this law come into effect?
This Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures was issued on 10 July 2023 and came into effect on 1 August 2023. (Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures, 2023, Issued Date, Effective Date)
Source Documents
This article analyses Cabinet Resolution on the Executive Regulations of Federal Decree-Law on Tax Procedures for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.