UAE corporate tax: Small businesses get clarity on relief - and interest expenses

UAE startups, micro-businesses have flexibility to structure their 2024-26 tax impact

Last updated:
Manoj Nair, Business Editor
3 MIN READ
UAE's tax regulator has issued a clear framework on how businesses can structure their interest expenses under corporate tax. Small businesses too get some solid breaks.
UAE's tax regulator has issued a clear framework on how businesses can structure their interest expenses under corporate tax. Small businesses too get some solid breaks.
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Dubai: Small businesses in the UAE planning to sign up for a corporate tax relief program have got extra clarity on what they should be doing with their interest expenses.

The UAE has allowed those companies with revenues of or under Dh3 million in any of the years between 2024 to 2026 to opt for the ‘Small Business Relief’ program. In doing so, they do not come under the corporate tax framework for the period up to end December 2026.

But if any company opts for SBR, they need to keep these factors in mind:

  • The entity cannot deduct any ‘net interest expenditure’. This is because under SBR, the companies are treated as not having any taxable income.

  • Nor can it carry forward any net interest expenditure incurred during the tax period to any ‘subsequent’ tax period.

Interest expenses are generally allowed as deduction while calculating a business’s taxable income for that tax period.
Girish Chand, Senior Partner at MCA
Girish Chand, Senior Partner at MCA
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Girish Chand Senior Partner at MCA Gulf

Now, the second part can be quite useful for small businesses seeking corporate tax relief.

“Let’s assume the SME decides not to sign up for SBR for the 2024 tax period, but has incurred interest expenses for the period,” said Girish Chand, Senior Partner at MCA Gulf. “They can still access the SBR relief for 2025 and 2026 – but the interest expenses unclaimed in 2024 cannot be claimed during these two years.

“However, they can carry forward that expense from 2024 into tax periods after 2026.”

In fact, according to the FTA (Federal Tax Authority), the SME can carry forward that disallowed net interest expenditure for up to a further 10 tax periods.

In such cases, loss-making SMEs might benefit more from not opting for SBR, allowing them to utilize tax losses in subsequent profitable periods.
Stock-Mustaq-Khatri-Mug
Stock-Mustaq-Khatri-Mug
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Mustaq Khatri CEO of mkACE Management Consultancy

The UAE, whose corporate tax is set at 9% across the board, introduced the Small Business Relief program to help SMEs ease their way into the tax framework. And do so without impacting on their financials as long as the Dh3 million a year revenue threshold is not breached.

“While SBR offers administrative ease, SMEs should carefully assess their profitability before making the choice to sign up,” said Mustaq Khatri, CEO of mkACE Management Consultancy.

“Electing for SBR also means forfeiting the ability to carry forward tax losses to offset future profits.

“In such cases, loss-making SMEs might benefit more from not opting for SBR, allowing them to utilize tax losses in subsequent profitable periods. Conversely, profitable SMEs may find SBR advantageous to reduce immediate tax liabilities.”

Interest expense deductions

“Interest expenses are generally allowed as deduction while calculating a business’s taxable income for that tax period,” said Chand.  

“However, the deductibility of interest for corporate tax purposes is not without limits. It includes interest income and interest expenditure that typically represents amounts paid for use of money or credit, and other associated costs.

“Taxable persons will be required to identify what constitutes ‘Interest’ based on the definition provided under the corporate tax law rather than what constitutes interest under IFRS (or IFRS for SMEs).

What constitutes interest expenses for tax deduction

  • The various costs that a business may incur when obtaining capital through borrowing or other financial instruments (other than equity instruments). These include guarantee fees, arrangement fees, underwriting fees, legal and professional fees, and early or prepayment of loan. These all would be included as interest expenses.

Interest expense deduction is not allowed in the following cases:

  • That not incurred for the purposes of the taxable person’s business.

  • Interest expenditure related to deriving exempt income

  • Interest expenditure due to ‘connected persons’ and/or related parties that is not at ‘arm’s length’.

Check these sums

  • If a business has interest expenses on borrowings prior to December 9, 2022, then those deductions are fully allowed.

  • For borrowings done after Dec 9, 2022, up to Dh12 million are fully allowed to come under tax deductions.

  • Any borrowing upwards of Dh12 million after December9, 2022 are subject to 30% of EBITDA.

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