Khaleej Times has introduced a new initiative to provide readers with expert perspectives on the effects of VAT and Corporate Tax on the UAE's business landscape. Here's another expert opinion: What are 'Tax Losses'? A tax loss for corporate purposes (Tax Loss) occurs when the total deductions a business can claim exceed the total taxable income for the relevant tax period, resulting in negative taxable income.

Can a group utilize the tax losses of one group company against the taxable income of another? Tax losses from one UAE group company can be used to offset the taxable income of another UAE group company if there is 75 percent or more common ownership and other specified conditions are met. No tax loss transfers will be permitted from companies that are exempt or benefit from the zero percent free zone corporate tax regime.

What are the conditions for transferring tax losses within a group? UAE companies must fulfill the following conditions to transfer tax losses from one company to another within the same tax period: 1. Both companies are UAE resident juridical persons; 2. Either owns 75 percent or more of the other, or a third party owns 75 percent or more of both entities, with this ownership existing at the start and end of the tax period in which the loss was incurred; 3. Neither company is an exempt person; 4. Neither company is a qualifying free zone business; and 5. The financial statements must be prepared using the same accounting standards and financial year.

Will a change in ownership of the taxable person restrict the ability to use its tax losses? Tax losses can be carried forward without limitation if the same person or persons continue to own at least 50 percent of the entity with the losses. If there is a greater than 50 percent change in ownership, tax losses may still be carried forward provided there is no significant change in the nature or conduct of the entity's business.

Will the UAE corporate tax regime allow prior year tax losses to reduce taxable income? Tax losses can, subject to certain conditions, be offset against the taxable income of future periods, up to a maximum of 75 percent of the taxable income in each of those future periods. Any unused tax losses can be carried forward and used against taxable income of future tax periods indefinitely.

Example: A taxpayer has taxable income of Dh360,000 and carried forward losses of Dh300,000. It can offset (75 percent x Dh360,000) = Dh270,000 of its carried forward losses in the relevant tax period, reducing its taxable income to Dh90,000. The amount of tax losses available for carry forward to subsequent tax periods would reduce to Dh30,000 (Dh300,000 — Dh270,000).

About the expert: Pankaj Mundra is the past chairman of ICAI Dubai Chapter and co-founder of 360tf — a Global Supply Chain Finance Platform. He is a distinguished chartered accountant and holds a postgraduate degree in Management.

Contact Us: For tax-related queries or to stay updated on how new laws and changes may affect you, Khaleej Times is here to assist. Questions can be sent to taxquery@khaleejtimes.com or inquiries can be made by calling +971-4-3384545.

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