The process of tax dispute litigation in the United Arab Emirates (UAE) describes the legal framework that allows taxpayers to challenge decisions made by the Federal Tax Authority (FTA). This article helps to explore the essential steps required to manage tax disputes in the UAE. taxpayers disagree with a decision or assessment of the FTA, the first step is to submit an application for reconsideration. If the outcome of the reconsideration is not favorable to the taxpayer, the taxpayer may appeal further to TDRC and appellate Courts.
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VAT is an indirect tax in the UAE implemented in line with the value of the goods or service being supplied. Business and individuals are required to determine and declare the tax amount due or to be refunded for each tax period. The process of appealing an FTA decision is deemed to be lengthy, however in a bid to avoid other time-based penalties, it is advisable that every taxpayer, who disagrees with the amount due as well as the penalties stated in the FTA decision, should pay tax and 50% penalty in order to avoid being penalized further. This ceases accumulation during the course of the dispute.
Taxpayers can submit an 'Application for Reconsideration' directly to the FTA if they disagree with a decision, provided it is filed within 40 business days of the decision along with details and evidence to support reconsideration.
If the dispute is unresolved after reconsideration, taxpayers can object to the relevant TDRC. Key requirements include settlement of all tax and penalties, prior reconsideration application, and objecting within 20 business days.
| Taxpayer Location | Relevant TDRC |
|---|---|
| Emirate of Dubai | Dubai TDRC |
| Emirate of Abu Dhabi and non-UAE addresses | Abu Dhabi TDRC |
| Emirates of Sharjah, Ras al-Khaimah, Ajman, Fujairah or Umm al-Quwain | Sharjah TDRC |
The objection documentation must be submitted to the TDRC in Arabic, including an explanatory memorandum and all supporting documents. It is recommended to engage UAE tax and litigation specialists to assist with the objection documentation.
The TDRC must decide within 40 business days, extendable to 45 days. Moreover, decisions under AED100,000 are final, whereas, for disputes over AED100,000 the decision can be appealed to the Federal Court of First Instance within 40 business days.
For tax disputes in UAE and penalties exceeding AED100,000, either party can appeal a TDRC decision to the Federal Court of First Instance within 20 business days, which is the competent tax dispute adalah for deciding such appeals. In most cases the court will appoint tax experts to evaluate the merits of the appeal, and dissatisfied parties can further refer the case to the Federal Court of Appeal. Even if the appeal process is intended to run smoothly, in practice it can take even over a year, if the appeals are going through the higher courts, and this will make the expenses even greater. Due to the fact that tax litigation entails technicalities, it becomes necessary for appellants to retain qualified UAE tax and litigation lawyers to enable them to fully understand and deal with the legal processes as well as to argue tax matters before the courts.
Tax disputes in UAE may also occur in contract relations between taxpayers on the proper accounting treatment of taxes without the participation of TDRC. Where a case does not come under TDRC jurisdiction, the interested party ought to file for civil litigation in the courts of the first instance of the respective emirate through the course of normal legal processes. However, owing to the tax issues, courts routinely appoint expert advisors to aid in resolution. Additionally, parties require support from tax specialists and counsel given the technical nature of the matters. Depending on the size of disputed amounts, decisions may be appealed through the Court of Appeal, including its designated tax department, and ultimately to the Court of Cassation. Thus, while outside the formal TDRC process, tax expertise remains pivotal for efficiently navigating case presentation and engaging with any court-appointed tax experts in these contractual tax disputes in UAE.
To settle tax disputes and litigation in the UAE, businesses require technical tax expertise and experienced litigation support for which key stakeholders include taxpayers, tax agents, tax lawyers and advisers. Moreover, to settle the payment with FTA the following methods should be considered:
| Payment Method | Description |
|---|---|
| Credit Card | Attracts a 2-3% fee on total amount. |
| Bank Transfer | Most effective but challenges transferring funds internationally. |
Q. How to manage a tax dispute?
Ans: To manage a tax dispute, taxpayers should consult professionals, be aware of the process, collect documents, meet deadlines, and consider the next steps for reconsideration, objections, or courts when necessary and ideally with a lawyer for the administration of taxes.
To conclude, a thorough comprehension of the tax dispute litigation process in the UAE helps taxpayers to manage tax disputes effectively. Taxpayers can therefore seek the expert services of Top Tax Consultants in UAE to seamlessly navigate through the process of tax dispute resolution. Thus, contact us today and we shall be glad to assist.
Mostafa is a seasoned Tax Consultant with over 5 years years of experience gained in diverse taxations matters. He has vast expertise in settling tax disputes with the Federal Tax Authority and handling of tax procedures in compliance with tax laws. He is adept in investigating underlying tax intricacies and offering expert tax advisory. He is also well-versed in conducting tax analysis’s and negotiations with the Tax Regulators, upon tax preparation and filing. Mostafa specializes in the areas of Tax law, Auditing, Accounting and Banking law.