Corporate Tax Dispute
Our team has extensive experience helping clients with corporate tax dispute uae settlement, local reconsideration appeals, and legal litigation services.
Tax conflicts between firms and the tax authorities are inevitable because the tax laws in the UAE region are still developing and moving toward being mature legislative nations.
Corporate Tax Dispute UAE Resolution Services: What Are They?
The purpose of corporate tax dispute UAE resolution services is to settle disputes with the appropriate taxing authorities. Any problems with audits or non-compliance may give rise to disputes with authorities. As a result, taxes necessitate a thorough and meticulous evaluation.
HH & HALE offer top-notch tax resolution services to businesses. We support you all along the way. It involves a thorough examination of the problem, ongoing expert consultation, and assistance in successfully resolving the difficulties.
In the current environment, there are more small firms and startups, leading to an increased need for expert tax dispute resolution services. HH & HALE supports SMBs, SMEs, and startups in their effective growth and helps them overcome the obstacles of the contemporary business environment.
How does the Corporate Tax Dispute UAE Resolution Procedure Operate?
When Should you Appeal an FTA Decision?
You are not required to accept an unexpected tax bill or penalty without question. Dubai-based companies are legally able to contest FTA rulings.
- Inequitable VAT or corporation tax penalties
- Refund claims denied
- Further evaluations following an audit
- Modifications resulting from voluntary disclosures
- Issues with excise taxes
Making a request for reconsideration to the FTA
Businesses in the UAE have the right to contest any tax-related decisions made by the FTA, including fines for suspected violations.
Within 45 business days of the FTA’s initial ruling, a corporation may request reconsideration if it disagrees with the result. The application can be submitted via the EmaraTax site and needs to be in Arabic.
The individual requesting should typically complete the application, but the company’s designated tax agent or legal representative may also do so. For businesses that belong to a tax group, the representative member of the tax group should make the request. Corporate Tax advisors are typically not allowed to pursue reconsideration on the company’s behalf.
In general, while submitting the request, the following documents need to be included:
- documentary evidence to back up the request’s legal and factual justifications; and
- any tax guidance obtained that is pertinent to the request for reconsideration.
Within 45 business days of receiving the application, the FTA will render a decision on the request. Five business days after the decision is rendered, the company will be notified.
Contesting a Resolution Committee Decision
The corporation may bring the matter to the Tax Dispute Resolution Committee (TDRC) of the UAE’s Department of Justice (DOJ) if it is unhappy with the judgment made by the reconsideration committee after a reconsideration request. A member of the Judicial Authority serves as the chair of the TDRC, an unbiased body made up of two tax specialists.
If the FTA does not reply to the initial request for reconsideration within the allotted 45 working days, the corporation may also take the matter up with the TDRC.
However, before visiting the TDRC, businesses must pay all taxes and penalties imposed.
The UAE currently has three TDRCs, each of which is responsible for serving taxpayers in various regions of the nation. These are the following: the Sharjah Committee, which handles applications from the emirates of Sharjah, Ras Al Khaimah, Ajman, Fujairah, and Umm Al-Quwain; the Abu Dhabi Committee, which handles applicants registered in Abu Dhabi and foreign applicants without an address in the United Arab Emirates; and the Dubai Committee, which handles applicants registered in Dubai.
Applicants must complete the objection application form and submit it, together with any supporting paperwork, to tax.disputes@moj.gov.ae in order to launch a case with the TDRC.
This comprises the following documents:
- the FTA’s objection decision; the FTA’s answer to the application for the objection to be reconsidered; and
- Payment proof that the applicant has paid taxes and penalties.
Within 20 business days of receiving the request, the TDRC will give the enterprise and the FTA the opportunity to comment on the case and render a decision. If necessary, this period may be prolonged by an additional 20 days.
Using Federal Courts to Appeal a Ruling
The business may decide to file an appeal with the federal courts if the TDRC’s ruling supports the FTA. This is only feasible, though, if the total amount of taxes and penalties owed exceeds AED 100,000 (US$27,226). The TDRC’s ruling is final and cannot be challenged further if the entire sum is less than AED 100,000.
After obtaining the TDRC’s ruling, companies have 20 days to file an appeal with the Federal Court of First Instance. The business can then file an appeal with the Federal Court of Appeal and the Federal Supreme Court if it wants to challenge a decision rendered by the Federal Court of First Instance further. The Supreme Court’s ruling will be final and cannot be challenged.
The duration of legal proceedings in federal courts might range from 12 to 24 months.
Services offered by HH & HALE for Corporate Tax Dispute UAE Resolution Process
Representation in Tax Audits and Administrative processes: We offer full representation during UAE Federal Tax Authority audits, administrative reviews, and enforcement processes. Throughout audit proceedings, our team protects client rights, minimizes tax exposure, and assures effective advocacy and procedural compliance.
- VAT & Corporate Tax Dispute UAE Resolution: Helping clients with assessment issues, tax penalty resolution/disputes, and compliance concerns related to Value Added Tax and Corporate Tax. In order to safeguard client interests and maintain regulatory compliance, we strategically advocate in tax dispute resolution proceedings.
- UAE Federal Tax Authority Advisory: Provides guidance on complex contacts with the UAE Federal Tax Authority, such as voluntary disclosures, settlement negotiations, and compliance consultations. Our team offers strategic advice for handling relationships with tax authorities while guaranteeing efficient tax case resolution.
- Review of Cross-Border Tax Structure: Examining and reorganizing foreign tax agreements to guarantee adherence to international tax norms and UAE tax regulations. While making sure that transfer pricing laws and cross-border compliance requirements are followed, we assist clients in optimizing their tax arrangements.
- Transfer Pricing Documentation & Defense: Creating thorough documentation for transfer pricing, carrying out research on transfer pricing, and defending transfer price stances in the face of tax authority reviews. While optimizing foreign tax arrangements, our team makes sure that UAE transfer pricing requirements are followed.
- Tax Penalty Resolution UAE & Settlement Negotiations: We negotiate settlement agreements, tax penalty resolution/reductions, and compliance arrangements with tax authorities. In order to find a cost-effective solution for tax disputes and enforcement measures, we offer strategic advocacy in tax penalty resolution UAE proceedings.
- Voluntary Disclosure & Compliance Correction: Helping customers with proactive tax authority interaction, compliance rectification, and voluntary disclosure processes. In order to minimize fines and preserve good regulatory relations, our team assists customers with compliance-related difficulties.
- Administrative Appeals & Judicial Review: Helping clients contest tax authority rulings in administrative appeals and judicial review procedures. We seek positive results through the proper legal procedures and offer complete counsel in official dispute resolution proceedings.
- Communication with Tax Authorities: Our professionals facilitate a proactive and cooperative approach to dispute settlement by managing communications with tax authorities on behalf of clients.
Why Choose HH & HALE for Corporate Tax Dispute UAE Resolution Services?
Here’s how we help you with your corporate tax dispute UAE resolution:
- Detailed examination: Our team undertakes a thorough examination of the tax dispute, identifying major concerns and devising a strategy for resolution.
- Evaluation of material: In order to construct a strong case and guarantee that every facet of the disagreement is fully covered, we carefully examine all pertinent material.
- Legal Compliance: We place a high priority on legal compliance, making sure that every action complies with tax laws and rules.
- Negotiation and Mediation: To prevent drawn-out arguments, we investigate negotiation and mediation options, looking for cooperative resolutions whenever feasible.
Expert Corporate Tax Dispute Advisory in UAE
For expert corporate tax dispute services in UAE, call HH & HALE to make sure your business is ready for its corporate tax obligations and set up for tax-efficient growth.
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