Issue
The tax procedures in the UAE are regulated by Federal Decree-Law No. 28 of 2022 on Tax Procedures (“Decree-Law”) and its Executive Regulation. Cabinet Decision No. 74 of 2023 (“New Executive Regulation”) repealed Cabinet Decision No. 36 of 2017 on the Executive Regulation of Federal Law No. 7 of 2017 on Tax Procedures, and its amendments (“Previous Executive Regulation”), with effect from 1 August 2023.
Many of the provisions of the Previous Executive Regulation were incorporated in the New Executive Regulation.
This Public Clarification is intended to inform persons of the changes made in the New Executive Regulation where these differ from the provisions of the Previous Executive Regulation.
Articles that remained materially the same (except for renumbering) are not covered by this Public Clarification.
Summary
The main changes in the New Executive Regulation are in relation to the following topics:
Definitions (Article 1)
Recordkeeping (Articles 2 and 3)
Language (Article 5)
Registration, de-registration and amending details of registration (Article 6)
UAE Licensing bodies (Article 7)
Submission of voluntary disclosure (Article 10)
Means of notification (Article 11)
Natural person and juridical person tax agents (Articles 12 - 14)
Tax audits (Articles 15 - 19)
Reconciliation in tax evasion crimes (Articles 23 and 24)
Extension of deadlines (Article 25)
Payment of tax and administrative penalties in cases of bankruptcy (Article 27)
The detailed analysis below highlights the differences between the Previous Executive Regulation and the New Executive Regulation and provides further clarification on new or updated provisions.
Detailed analysis
Definitions (Article 1)
The number of definitions has been limited under Article 1 of the New Executive Regulation as the definitions under Article 1 of the Decree-Law also apply for the New Executive Regulation. When reviewing their legal obligations and rights, all persons must ensure they refer to the definitions in the Decree-Law in conjunction with the provisions of the New Executive Regulation.
The definition of the term "assets" has been expanded to include intangible assets. This means that the definition includes, for example, patents, brands, licenses, trademarks, computer programs, copyrights, goodwill and also customer lists. The definition of assets has a particular importance for the application of Article 18 of the New Executive Regulation.
Accounting records and commercial books (Article 2)