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Chapter 3: Accounting Profit vs. Taxable Profit | UAE Corporate Tax Masterclass. — Transcript

by Firoz · 4,845 words · 793 segments · language en · Watch on YouTube

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  1. 0:00Welcome back everyone uh to the third
  2. 0:03chapter. Today what we are going to
  3. 0:05discuss is the difference between
  4. 0:07accounting profit and uh tax profit.
  5. 0:11First we will discuss what is accounting
  6. 0:13profit and u uh how we will derive from
  7. 0:17accounting profit to tax profit. This is
  8. 0:20what we are going to discuss in the
  9. 0:22today's session. Before starting let me
  10. 0:25give you a very broad definition of
  11. 0:28corporate tax. And we will break it down
  12. 0:32uh the definition which will cover the
  13. 0:35entire tax laws and regulation and uh
  14. 0:38once we understood the definitions
  15. 0:42each concepts what we are discussing
  16. 0:44then we can you can make sure that you
  17. 0:47have a good grip on the UA corporate tax
  18. 0:49law. Now how I'm going to define
  19. 0:52corporate tax? Corporate tax is
  20. 0:56payable
  21. 0:59on
  22. 1:01taxable income.
  23. 1:06Corporate tax is payable on taxable
  24. 1:08income
  25. 1:10by taxable persons
  26. 1:16by taxable person according to the
  27. 1:22tax period
  28. 1:28as per the
  29. 1:30prescribed tax rate.
  30. 1:34prescribed tax rate.
  31. 1:37Now from this definition we are going to
  32. 1:40pick four concepts. First one is taxable
  33. 1:43income. Second one is taxable person.
  34. 1:47Third one is tax period. Fourth one is
  35. 1:50tax rate.
  36. 1:53This is what the definition of corporate
  37. 1:55tax means any business who is paying
  38. 1:58corporate tax on their taxable income.
  39. 2:01Who will pay uh corporate tax on taxable
  40. 2:04income? Taxable person. Taxable person
  41. 2:06means who is liable to pay corporate
  42. 2:09tax. And
  43. 2:12on what basis they are going to pay?
  44. 2:14They are going to pay or they are going
  45. 2:16to calculate their corporate tax
  46. 2:19according to the tax period. Every
  47. 2:21business has a particular tax period and
  48. 2:25on what what basis or what rate they are
  49. 2:28going to use as per the prescribed tax
  50. 2:30rate. This is the whole uh four
  51. 2:34concepts. Now out of this four concepts
  52. 2:37we will revisit again on this definition
  53. 2:39as and when we discuss each concepts
  54. 2:42what we have discussed uh right now in
  55. 2:44the definition.
  56. 2:46Now let's take first taxable income.
  57. 2:54What is taxable income? Taxable income
  58. 2:56means the income where a business or a
  59. 3:00company should pay corporate tax in UAE.
  60. 3:05That means
  61. 3:08a business when they make their year end
  62. 3:10uh like you know accounting how they
  63. 3:12will be doing accounting obviously they
  64. 3:14are going to calculate their revenue
  65. 3:18and they are going to minus their
  66. 3:20expense and they will get profit.
  67. 3:27This profit is called accounting profit
  68. 3:34which you all know like how uh like you
  69. 3:36know when we are making the profit and
  70. 3:37loss account as you all know the taxes
  71. 3:41applicable on businesses in general it
  72. 3:43is 375,000 dhams 0%age and uh above
  73. 3:49375,000 dhams 9%age
  74. 3:54is this 9%age tax or the uh 0% threshold
  75. 3:59is calculating based on the accounting
  76. 4:01profit. Answer is no. It is calculating
  77. 4:05based on the taxable income. Now we need
  78. 4:09to derive from our profit and loss
  79. 4:12account balance. How much is our taxable
  80. 4:15income? How it is getting derived? That
  81. 4:18is what we are going to discuss in
  82. 4:20today's session.
  83. 4:23First let me give an understanding to
  84. 4:25you. There is a ministerial decision
  85. 4:27which is ministerial decision 114 of
  86. 4:312023
  87. 4:34and this particular ministerial decision
  88. 4:36explained which accounting standard
  89. 4:39every business should follow in UAE for
  90. 4:42the corporate tax purpose. Now this
  91. 4:45ministerial decision explained that UAE
  92. 4:48is following the accounting standard
  93. 4:50which is IFRS.
  94. 4:53What is FRS? It is a reporting standard
  95. 4:57which is called
  96. 4:59international
  97. 5:01financial
  98. 5:03reporting standard.
  99. 5:09International financial reporting
  100. 5:10standard. It is nothing but uh a
  101. 5:13standard in which the business should
  102. 5:16prepare their profit and loss account.
  103. 5:18Most of the countries in the world
  104. 5:20following IFRS as their accounting
  105. 5:23standard. There are deviations also. If
  106. 5:25you take a country like US, US is
  107. 5:28following a different accounting
  108. 5:29standard called US GAAP. India is
  109. 5:32following accounting standard which is
  110. 5:34IND as in India it is
  111. 5:39INS Indian accounting standard. US it is
  112. 5:43US GAP.
  113. 5:47However, most of the countries in the
  114. 5:49world are following IFRS.
  115. 5:53IFRSC is explaining like when you are
  116. 5:55dealing with your financial statement
  117. 5:58how you need to book certain items not
  118. 6:01not certain items all the items. Now for
  119. 6:03example I will give give couple of uh
  120. 6:06IFRS standards. IFRS 15 is talking when
  121. 6:11a business get revenue how the revenue
  122. 6:13should be booked on what basis the
  123. 6:16revenue should be booked they define
  124. 6:18five-step model uh and in the each step
  125. 6:21we need to understand identify the
  126. 6:22contract identify what you have
  127. 6:24committed uh to your customer then uh
  128. 6:28break it down then as and when you
  129. 6:30fulfill your obligation to your customer
  130. 6:33you need to book revenue this is what
  131. 6:35explained in IFRS uh 15 there is an
  132. 6:38accounting standard IAS2.
  133. 6:42I2 is talking about inventory. If a
  134. 6:46business has inventory stock how they
  135. 6:49need to book it is explained they need
  136. 6:51to book cost or net realizable value
  137. 6:56whichever is lower
  138. 7:00whichever is lower. So, IFRS is nothing
  139. 7:03but a reporting standard which a
  140. 7:06business should prepare their profit and
  141. 7:08loss account and balance uh balance
  142. 7:10sheet. And through ministerial decision
  143. 7:12114 of 2023, UAE ministry of finance
  144. 7:16clarified that in UAE business should
  145. 7:19follow IFRS as the accounting standard.
  146. 7:24Further in ministerial decision it is
  147. 7:26explained that if a business is making
  148. 7:30above
  149. 7:3250 million a in a year as a revenue
  150. 7:39they should follow IFRS
  151. 7:41full IFRS
  152. 7:45then if a business who is making below
  153. 7:4950 million a in revenue they can follow
  154. 7:53IFRS forme.
  155. 7:57It's nothing but a simpler version of
  156. 8:00IFRS
  157. 8:01um like you know it's uh IFRS itself
  158. 8:04when uh it cannot be maybe not able to
  159. 8:07follow by small businesses. So there is
  160. 8:09a simpler version of IFRS. If a business
  161. 8:12is making below 50 million dhams, they
  162. 8:15can choose for the IFRS forme.
  163. 8:20Any business who is making revenue below
  164. 8:24803 million
  165. 8:27in a year, they can either prepare the
  166. 8:31books in the cash basis
  167. 8:36or acral basis. Now what is cash basis?
  168. 8:39What is acrual basis? I will give an
  169. 8:42example.
  170. 8:44Let's say you your business got a
  171. 8:47revenue of a
  172. 8:51120,000 dham
  173. 8:54for an annual contract.
  174. 8:59You got a contract and this contract is
  175. 9:01for one year and you got the money
  176. 9:04120,000 dhams as per cash basis. When if
  177. 9:08you are making your accounts as per cash
  178. 9:10basis, this 120,000 dhams you will
  179. 9:13consider as revenue on the day you
  180. 9:16received
  181. 9:23on the day you received you will
  182. 9:24consider it as a revenue. Whereas if you
  183. 9:27are following acral basis of accounting,
  184. 9:30you will see that okay this revenue I
  185. 9:32got today is not for the uh like you
  186. 9:35know not for the one day or 1 month. The
  187. 9:38revenue I received and I need to do my
  188. 9:42services over a period of 12 months. So
  189. 9:44what you are going to do you are going
  190. 9:46to divide
  191. 9:48120,000 durhams with 12 months and you
  192. 9:51are going to book each month
  193. 9:55a 10,000 dham. So in acral you are going
  194. 10:00to book your income and expenses as and
  195. 10:02when it is due especially when it comes
  196. 10:05to the long-term contracts. Whereas in
  197. 10:07cash basis you are going to book the
  198. 10:09revenue the day you receive the money.
  199. 10:15For businesses who are making below 3
  200. 10:17million dhams they can either uh follow
  201. 10:21cash basis of accounting or they can
  202. 10:23follow acral basis of accounting. This
  203. 10:25is also explained in ministerial
  204. 10:27decision number 114 of 2023.
  205. 10:34Now let's discuss we know like how we
  206. 10:38are arriving accounting profit it which
  207. 10:39is basically revenue minus expense and
  208. 10:42how we need to uh derive our accounting
  209. 10:45profit using the accounting standard.
  210. 10:47Accounting standard is IFRS. Above 50
  211. 10:50million durhams must follow full IFRS.
  212. 10:53Below 50 million DS they have a choice I
  213. 10:57mean they have a choice either they can
  214. 10:58do full IFRS or a simpler version of
  215. 11:01IFRS which is ifrs forme below 3 million
  216. 11:04dhams they can either go for cash basis
  217. 11:07of accounting
  218. 11:08or they can go for uh acral basis of
  219. 11:13accounting.
  220. 11:19Now let's discuss on taxable income.
  221. 11:25How a business should arrive taxable
  222. 11:28income from accounting income or
  223. 11:30accounting profit. So when I'm telling
  224. 11:32income in the tax law income is equal to
  225. 11:36profit.
  226. 11:38So please don't get confused when I'm
  227. 11:40telling income I'm referring revenue.
  228. 11:42revenue I will revenue
  229. 11:45either it will be defined or explained
  230. 11:48as revenue or as turnover
  231. 11:52income will be always income or profit
  232. 11:55so when I'm telling taxable income I'm
  233. 11:57referring that taxable profit when I'm
  234. 12:00telling taxable revenue that means it is
  235. 12:02revenue or like you know it's not
  236. 12:04considered as profit
  237. 12:07now taxable income or taxable profit we
  238. 12:11need to determine from the uh accounting
  239. 12:14profit using eight adjustments.
  240. 12:20There are eight adjustments specified in
  241. 12:22the corporate tax law. And using this
  242. 12:24eight adjustments, we need to derive our
  243. 12:27taxable profit. What is the first
  244. 12:29adjustment?
  245. 12:31First adjustment is exemptingum.
  246. 12:38Exempting income is explained in article
  247. 12:4127 of corporate tax law. Corporate tax
  248. 12:43law to explain that certain incomes are
  249. 12:47exempted. That means if you have
  250. 12:49accounting profit and in that accounting
  251. 12:53profit, there are certain income which
  252. 12:55are exempted from corporate tax law. You
  253. 12:57can remove it. There are mainly four
  254. 13:00exempting income which we will discuss
  255. 13:02uh in detail. We will have a separate
  256. 13:04chapter for exempt income. One is
  257. 13:08local dividend
  258. 13:11means any UAE company is getting
  259. 13:13dividend from another UA company. Second
  260. 13:15one is participation
  261. 13:20exemption.
  262. 13:22Participation exemption is when a UAE
  263. 13:25company is getting dividend from foreign
  264. 13:27country or getting capital gain when
  265. 13:30they sell the shares. And uh
  266. 13:34the third category is
  267. 13:45foreign business who are into
  268. 13:49international
  269. 13:55aircraft
  270. 13:57or shipping.
  271. 13:59This exempt income is mainly based on
  272. 14:02the uh like you know reciprocity
  273. 14:05treatment between UAE and other
  274. 14:07countries. I'll give an example to you.
  275. 14:10UAE is telling that okay if an Indian
  276. 14:13airline any any Indian airline let's
  277. 14:16take an example Indigo is coming to UAE
  278. 14:19and uh picking passengers from UAE and
  279. 14:21taking it back and doing like you know
  280. 14:24uh shuttle services.
  281. 14:26UA will not tax Indigo if India is
  282. 14:31telling that India will not tax
  283. 14:32Emirates. So it's a reciprocal contract.
  284. 14:35If that reciprocal contract is hornered
  285. 14:38by the countries then UAE told that such
  286. 14:40companies such airline companies no need
  287. 14:43to pay taxes in UAE. These are exempt
  288. 14:46income which is the first adjustment we
  289. 14:49need to do to derive from our uh
  290. 14:51accounting profit to tax profit. We will
  291. 14:54discuss it in detail.
  292. 14:57Second adjustment is unrealized
  293. 15:04gain or loss
  294. 15:09if elected.
  295. 15:13Unrealized gain or loss. Again, what it
  296. 15:15is unrealized gain or loss? Let's say
  297. 15:17company bought a property, a real estate
  298. 15:19property. They bought it in 2024
  299. 15:23and they are not selling this property.
  300. 15:25The property value is increasing year on
  301. 15:27year. Every year the property value is
  302. 15:29increasing.
  303. 15:31When they are the property value is
  304. 15:33increasing they may be including the
  305. 15:36increased value in their accounts. Let's
  306. 15:40say they are using a revaluation
  307. 15:42model. What is revaluation model? Every
  308. 15:46year they will see what is the assets
  309. 15:48what are the assets the company have and
  310. 15:51they will see what is the market value
  311. 15:53as on today and they will book the
  312. 15:56market value. So what is going to happen
  313. 15:57if let's say they bought a property for
  314. 16:001 million in 2024 now they are closing
  315. 16:03the books of 2025 they are using a
  316. 16:06revaluation model in 2025 31st December
  317. 16:09the property value is 1.25 25 million
  318. 16:13on 2025. Have they sold this property?
  319. 16:16No. The property is still with them. Now
  320. 16:18this 250,000 dhams is a unrealized gain.
  321. 16:24Have they sold this thing? No, they have
  322. 16:26not sold. It is still uh in their books
  323. 16:28only and uh but the value of the
  324. 16:31property is increased. Now this 250,000
  325. 16:34dhams do they require to pay taxes?
  326. 16:38If they have elected that we will not
  327. 16:41pay taxes on our unrealized gain then
  328. 16:44they do not require to pay taxes on
  329. 16:46unrealized gain. So this is the second
  330. 16:48adjustment. Third adjustment
  331. 16:53income from
  332. 16:56group companies.
  333. 17:00This is mainly related to tax group.
  334. 17:05Again all these things what we are
  335. 17:07discussing you can in short like you
  336. 17:09know I don't need to tell you this every
  337. 17:10time I'll uh give a bottom line
  338. 17:13disclaimer what we are going to do here
  339. 17:16it is around 8 to 10 chapters in the
  340. 17:20first 8 to 10 chapters we are setting a
  341. 17:22foundation
  342. 17:24and 11 chapter on we will be going back
  343. 17:27to all concepts what we have so far
  344. 17:30discussed in detail each and everything
  345. 17:32tax group uh which we are going to
  346. 17:35discuss. Now we will have at least two
  347. 17:37chapters on tax group exempt income. We
  348. 17:40will have one or two chapters
  349. 17:41exclusively on exempt income. We will
  350. 17:44have a separate chapter for unrealized
  351. 17:46gain. How to calculate all the things.
  352. 17:48So everything will be covered again in
  353. 17:50detail. Right now what we are doing is
  354. 17:52we are just setting a plot so that you
  355. 17:55you you are understanding the basic
  356. 17:58concepts.
  357. 18:00So what is tax group? Tax group means
  358. 18:03company A, company B
  359. 18:06they are applying to federal tax
  360. 18:09authority that we want to create both
  361. 18:12these companies as a group
  362. 18:15and we want only one tax registration
  363. 18:17number one TRM.
  364. 18:20Now if they have one tax registration
  365. 18:22number they are going to do one filing
  366. 18:25one tax filing
  367. 18:27correct. So any transaction happening
  368. 18:30between these companies let's say
  369. 18:31company A is selling the goods to
  370. 18:34company B. So for company A it's a
  371. 18:37revenue company B it's a purchase that
  372. 18:40what is going to happen it is going to
  373. 18:42be knocked off the purchase and sales.
  374. 18:44So if there is a tax group the income
  375. 18:47from group companies need to be excluded
  376. 18:50while calculating the taxable income. If
  377. 18:53you are seeing company A's books what
  378. 18:55what will be there? there will be a sale
  379. 18:57income because they sold the goods to
  380. 18:59company B. If you see company B's books,
  381. 19:02you will see a purchase.
  382. 19:05Now when it comes to corporate tax, this
  383. 19:08income on expenses or the purchases will
  384. 19:10not be considered while calculating the
  385. 19:13taxable income. Why? Because they are
  386. 19:16filing single tax return. It will be
  387. 19:18knocked off. This is the third
  388. 19:21adjustment. And fourth adjustment is
  389. 19:24non-deductible expenditure
  390. 19:30which is explained in
  391. 19:33article
  392. 19:3533. Certain expenses which may be
  393. 19:38considered as expenses for your business
  394. 19:41purpose but for tax purpose it is not
  395. 19:43considered as an expense. I will give an
  396. 19:45example to you. Fines. If a company's
  397. 19:49paying some fines in company's books it
  398. 19:52will show as an expense right but for
  399. 19:54tax purpose the authority told no you
  400. 19:57cannot consider fine as an expense you
  401. 20:00need to disregard this expenses
  402. 20:04and further it is explained that if the
  403. 20:06business has any entertainment expense
  404. 20:11entertainment expense means the business
  405. 20:13is keeping some some kind of events for
  406. 20:16the customers or supplier buyers and
  407. 20:19they are spending money for that.
  408. 20:22In IFRS's point of view, yes, it is your
  409. 20:25business expense. You can consider it in
  410. 20:26your books. But tax law is telling no,
  411. 20:29entertainment expense is not fully
  412. 20:31allowed. Entertainment expense is
  413. 20:33allowed only 50%age.
  414. 20:37One last example I will give to you
  415. 20:39which is donations
  416. 20:43and gifts. If a business is giving any
  417. 20:46donation or gifts, it is disallowed. In
  418. 20:49donation, the authority told if you are
  419. 20:52giving any donation to approved
  420. 20:58charitable institution or any approved
  421. 21:00institution
  422. 21:03then it is allowed. So the there is a
  423. 21:06separate cabinet decision. In that
  424. 21:08cabinet decision there is a list of
  425. 21:10organization which are approved and if
  426. 21:13any business is giving any u any
  427. 21:16charitable don charity or donation to
  428. 21:19those organization it is allowed
  429. 21:21otherwise if a business is telling like
  430. 21:23okay I gifted this these things to my
  431. 21:26employees I have done a charity uh to
  432. 21:29Mr. A or like you know to someone they
  433. 21:31have given some charity the authority
  434. 21:34told no it is not considered as an
  435. 21:36expense for tax purpose you need to
  436. 21:38disregard this.
  437. 21:41And fifth one is
  438. 21:45transfer
  439. 21:49with related party
  440. 21:55and connected person.
  441. 21:59What? Who is related party? Who is
  442. 22:01connected person? Related party means
  443. 22:03think of a situation.
  444. 22:08You have two companies. Company A,
  445. 22:11company B.
  446. 22:14Now both companies are owned by you.
  447. 22:16That means you can control the price of
  448. 22:20transaction between these two companies.
  449. 22:22Let's say company A is providing a
  450. 22:24service to company B. Both companies are
  451. 22:27owned by you. you can decide that okay
  452. 22:29company A will not charge anything for
  453. 22:31this uh particular service or company A
  454. 22:34is going to charge 100,000 dham for this
  455. 22:37particular service where the market
  456. 22:39value is only 1,000 dhams so you as a
  457. 22:43person has a control over the pricing
  458. 22:46when there is a transaction happening
  459. 22:48between two companies that means company
  460. 22:51A and company B are called related
  461. 22:54party.
  462. 22:57This is the first concept. Second
  463. 22:59concept is connected person. Connected
  464. 23:01person means any business has owner
  465. 23:07or officer. Officer can be manager,
  466. 23:10director, CEO, CFO, uh CEO. It can be
  467. 23:15anyone who is on the senior level or
  468. 23:18relative
  469. 23:20of owner/
  470. 23:25officer.
  471. 23:27These are the three categories of people
  472. 23:30who come under the definition of
  473. 23:31connected person. Now why it is
  474. 23:34important in UAE? If you remember we
  475. 23:37discussed in the
  476. 23:39uh previous chapter that the cabinet
  477. 23:41decision 49 of 2023 is published and
  478. 23:46cabinet edition 49 told natural person
  479. 23:49will be subject to corporate tax if the
  480. 23:52business income is more than 1 million
  481. 23:54dhams and while calculating the 1
  482. 23:57million dhams you you are going to
  483. 23:59exclude three things. First thing is
  484. 24:01wages.
  485. 24:03That means if an individual who is
  486. 24:04getting wages that wages is not subject
  487. 24:07to corporate tax.
  488. 24:10If in UAE if [clears throat] the salary
  489. 24:12or wages is not taxed every business
  490. 24:15will straightforward think that okay let
  491. 24:18me take the entire profit as tax and uh
  492. 24:21make my company on losses so that I
  493. 24:23don't need to pay taxes.
  494. 24:25Now think of a situation you it is not
  495. 24:28there just for example purpose I'm
  496. 24:30telling or I will give a real example to
  497. 24:33you take an example country Singapore
  498. 24:37Singapore has 17%age corporate tax
  499. 24:42Singapore has 23%age income tax
  500. 24:47now someone from Singapore and they told
  501. 24:50once the company paid corporate tax
  502. 24:52dividend
  503. 24:55no tax.
  504. 24:58Now someone from Singapore what they
  505. 25:01will do will they take dividend after
  506. 25:03paying 17%age corporate tax or will they
  507. 25:05pay 23%age income tax by way of taking
  508. 25:08salary? they obviously will go for
  509. 25:1017%age corporate tax they will pay they
  510. 25:12will not take any salary and
  511. 25:14[clears throat] after paying 17%age
  512. 25:15corporate tax they will take dividend
  513. 25:18but now in UA UA told if you take salary
  514. 25:21there is no corporate tax applicable on
  515. 25:22that
  516. 25:24here comes the concept of connected
  517. 25:26person if you are a connected person of
  518. 25:29the business your salary need to be as
  519. 25:32per the market value
  520. 25:37and you need to document it and this
  521. 25:40documentation uh entire thing is called
  522. 25:42transfer pricing
  523. 25:45deciding in which price or what should
  524. 25:47be the salary as per the market value
  525. 25:50the owner or senior management can take
  526. 25:53and documenting it. This document is
  527. 25:55called transfer pricing document. The
  528. 25:58same goes for related party also which I
  529. 26:01explained to you previously. If there is
  530. 26:03a common control in two companies and
  531. 26:05that two companies are considered as uh
  532. 26:08related party companies when they do
  533. 26:10transaction they also should deal in a
  534. 26:13market value.
  535. 26:15When you think inside UAE it may not
  536. 26:18make sense to you but I will give
  537. 26:19another example to you. Company A in UK,
  538. 26:24company B in UAE. UK let's say the
  539. 26:29corporate tax rate is 23%age.
  540. 26:32And in UAE the corporate tax rate is 9%.
  541. 26:35This both companies are owned by Mr. A.
  542. 26:39So what Mr. A is thinking that I will
  543. 26:44invoice from my company B to company A
  544. 26:47for some services and instead of
  545. 26:50charging 100 A, I am going to charge
  546. 26:5310,000 A.
  547. 26:56Why he wants to do it? when UK company
  548. 26:59paying UA company this 10,000 AD in UK
  549. 27:02it is considered as expense
  550. 27:06which will obviously reduce their
  551. 27:08corporate tax and the corporate tax rate
  552. 27:10is 23%age
  553. 27:12versus in UAE even if you bring the
  554. 27:15income to UAE UAE may be taxing or uh
  555. 27:19even if the company is paying the
  556. 27:21corporate tax company is paying only 9%
  557. 27:24so ultimately that company is saving
  558. 27:2714%age age tax
  559. 27:30to avoid this practice. Again the
  560. 27:32concept came no both the companies UK
  561. 27:35company and UA company they are related
  562. 27:37party and when they are dealing their
  563. 27:40business transaction because there is a
  564. 27:42common control the transaction need to
  565. 27:44be dealt in arms length value which is
  566. 27:47called market value. So what is arms
  567. 27:49length?
  568. 27:53Arms length the it's a technical term
  569. 27:56but what does that mean is that if your
  570. 27:59arms has a length like when you keep
  571. 28:01your arm straight
  572. 28:04you are finding a your third party
  573. 28:06customer the same length you need to
  574. 28:09keep for your own controlled companies
  575. 28:11also that means in the example what we
  576. 28:14have given that u company B generally
  577. 28:18providing this service to third party
  578. 28:20for 100 dhams that means that is the
  579. 28:23arms length value that is the amount
  580. 28:25they are charging for the third parties.
  581. 28:28When they charge for their own companies
  582. 28:31they should keep the same price the same
  583. 28:32arms length value [music] they need to
  584. 28:35keep.
  585. 28:37You can call it market value arms length
  586. 28:39value both are fine. Arms length is more
  587. 28:42technical and professional word.
  588. 28:45The same way we discussed on connected
  589. 28:47person. If the connected person is
  590. 28:49getting some benefits from the company,
  591. 28:52it need to be at market value or arms
  592. 28:54length value. So this is the
  593. 28:59fifth adjustment. And why why this
  594. 29:01adjustment is there? I'll just quickly
  595. 29:04explain to you in the same example.
  596. 29:07Company B was supposed to get 100 dham.
  597. 29:11100 dham is the ALP arms length price.
  598. 29:16How much they got? 10,000 dhams. So this
  599. 29:2010,000 dham they will show in their book
  600. 29:22as revenue.
  601. 29:25Correct? when they calculate the
  602. 29:27corporate tax they need to reduce their
  603. 29:31revenue 9,900
  604. 29:33AD they need to reduce the revenue
  605. 29:39because this 9,900
  606. 29:41is a is a non-armslength value
  607. 29:45reciprocally in UK they should consider
  608. 29:48only 100 dham as expense this is mainly
  609. 29:51comes this concept of transfer pricing
  610. 29:53is mainly coming in the international
  611. 29:55transactions again we will discuss it in
  612. 29:58detail
  613. 30:00how muchever I'm telling I'm not going
  614. 30:01to repeat it but uh maybe I'm getting a
  615. 30:05feeling that you may be thinking so
  616. 30:07complicated but all this concept we are
  617. 30:10going to discuss again
  618. 30:13now the sixth adjustment from the UA
  619. 30:16corporate tax law
  620. 30:18transfer of losses
  621. 30:23where
  622. 30:2575%age
  623. 30:27ownership is common.
  624. 30:33What is this? If a company let's say
  625. 30:37again company A, company B
  626. 30:41both are owned by Mr. A
  627. 30:46100%age. That means both the company Mr.
  628. 30:49A is owning more than 75%age.
  629. 30:53Company A in 2025 got loss. Company B
  630. 30:58got profit.
  631. 31:01Now the corporate tax law is telling
  632. 31:03that when you are calculating let's say
  633. 31:06you are checking the uh calculating the
  634. 31:08tax for company B that means company B
  635. 31:11is showing as per books profit.
  636. 31:15Tax law is telling that if one person
  637. 31:19has more than one company and in both
  638. 31:22company that particular person has more
  639. 31:25than 75%age
  640. 31:27shares then company A loss can be
  641. 31:31transferred to company B's profit and it
  642. 31:34can set off. So in your books you are
  643. 31:37showing it's showing a profit but in
  644. 31:39taxable income when you are calculating
  645. 31:41what you are going to you are going to
  646. 31:42transfer loss of company B to company A
  647. 31:48and then
  648. 31:50let's say you have a profit of 100
  649. 31:54and you are transferring loss of
  650. 31:59transferring loss of 50 that means your
  651. 32:01taxable income is 50. So any transfer of
  652. 32:05losses is there that also you need to
  653. 32:07take into consideration when you are
  654. 32:09calculating your taxable income.
  655. 32:13Seventh one tax incentives and reliefs.
  656. 32:18Tax incentives and reliefs.
  657. 32:22As on today there is no tax incentives
  658. 32:24or reliefs announced. In future when the
  659. 32:27authority announce any uh incentives or
  660. 32:30relief that you are going to take into
  661. 32:32consideration you are going to minus
  662. 32:34this incentive from your accounting
  663. 32:36profit to derive your tax profit. This
  664. 32:39is the seventh adjustment. And eighth is
  665. 32:42any other adjustment
  666. 32:47which
  667. 32:50ministry of finance
  668. 32:52decides
  669. 32:54through a ministerial decision.
  670. 32:58So these are the eight adjustment. Now
  671. 33:00you have accounting profit and from this
  672. 33:03accounting profit you are calculating
  673. 33:04your tax profit. While calculating your
  674. 33:07tax profit you need to make eight
  675. 33:10adjustment. Adjust adjustment number one
  676. 33:12you need to remove the exempt income. If
  677. 33:15you have any of your income which is
  678. 33:17there in your books which is exempted
  679. 33:19from UA corporate tax you need to remove
  680. 33:21that. Second thing if you have elected
  681. 33:24that my company will pay taxes only when
  682. 33:27the profit is realized and you have any
  683. 33:30unrealized uh gain or loss that means
  684. 33:33you need to adjust that one. That is the
  685. 33:35second one. Third one, income from group
  686. 33:38company.
  687. 33:40If there is a tax group created
  688. 33:43and any transaction happening between
  689. 33:45the group company need to be removed.
  690. 33:48Fourth thing, non-deductible
  691. 33:49expenditure. Certain expenditures will
  692. 33:52be shown in the books but as per the
  693. 33:54corporate tax law that may be not
  694. 33:57allowed or partially allowed. We
  695. 33:59discussed fines are not allowed.
  696. 34:00Entertainment expenses 50%age allowed.
  697. 34:03uh donations certain donations are
  698. 34:06allowed certain donations are not
  699. 34:08allowed like that there are a list of
  700. 34:09non-deductible expenditure
  701. 34:12then fifth thing any transaction
  702. 34:15happening between related party and
  703. 34:17connected person and you need to adjust
  704. 34:20it if there is a nonarmms length value
  705. 34:24in your books if your books are as per
  706. 34:26arms length then no need to adjust but
  707. 34:28if there is any nonarms length or
  708. 34:29non-market value uh is there in your
  709. 34:32books that need to be adjusted.
  710. 34:36Sixth thing, any loss you are
  711. 34:38transferring from a group company like
  712. 34:41if there is a 75%age ownership and you
  713. 34:44are transferring the loss from company A
  714. 34:47to company B then that adjustment need
  715. 34:50to be made. This transfer of losses is
  716. 34:52explained in article 39.
  717. 34:55And seventh thing when the authority
  718. 34:58announce any incentives or relief that
  719. 35:00also you need you can adjust in your uh
  720. 35:03books to arrive the taxable income and
  721. 35:06any other adjustment which ministry of
  722. 35:08finance
  723. 35:09will be uh announcing
  724. 35:12in future. Now let's make a example
  725. 35:15calculation so that all these things we
  726. 35:17will be covering.
  727. 35:19We got a profit and loss account and the
  728. 35:22profit and loss account is telling that
  729. 35:24okay the company has 1 million dhams
  730. 35:26revenue.
  731. 35:28Company has expenses
  732. 35:33700,000 dhams. That means the company
  733. 35:35has a profit of 300,000 dhams as a
  734. 35:38profit.
  735. 35:40This profit is accounting profit. And
  736. 35:43how they need to arrive this accounting
  737. 35:45profit using the accounting standard.
  738. 35:46What is the accounting standard? IFRS.
  739. 35:49Now once we get the accounting profit
  740. 35:51from here we are starting the tax
  741. 35:53calculation
  742. 35:55let's say in this 700,000 expenses there
  743. 35:59is a fine the company has paid and how
  744. 36:02much fine they have paid they have paid
  745. 36:0450,000 fine is fine is allowed as per UA
  746. 36:08corporate tax law no that means we need
  747. 36:09to add back 50,000 dham fine
  748. 36:13which is already included in the
  749. 36:16expenses
  750. 36:18then comes
  751. 36:21entertainment expense
  752. 36:28in this 700,000 dhams uh let's assume
  753. 36:31there is 100,000 dham the company spend
  754. 36:34for entertainment expenses how much can
  755. 36:36be claimed so the total is
  756. 36:39100,000 how much is disallowed 50%age
  757. 36:43only 50%age is allowed that means they
  758. 36:45are going to add back again 50,000 dams
  759. 36:49to their books. Now this two these are
  760. 36:51the two adjustment. Let's assume to make
  761. 36:53it simple. These are the two
  762. 36:55adjustments. That means their
  763. 36:58uh revenue uh accounting profit is
  764. 37:01300,000 dham. Out of their total 700,000
  765. 37:04dham, two expenses were either one was
  766. 37:07not allowed, one was partially allowed.
  767. 37:10Now when we add back
  768. 37:13their income become 400,000
  769. 37:17and this is called taxable
  770. 37:21income.
  771. 37:26CT is applicable
  772. 37:30on taxable income and how we need to
  773. 37:33work out first we need to see
  774. 37:37up to 375,000 dham zero
  775. 37:42above 375,000 dham 9 percentage
  776. 37:48how much it will be from 400,000 first
  777. 37:52375,000 is not taxed then Trust 25,000
  778. 37:56dhams
  779. 37:58is taxed at 9%. How much will be the
  780. 38:00taxes? 2250.
  781. 38:03This is how in short the corporate tax
  782. 38:06calculation need to be done. First we
  783. 38:09need to prepare the books, make the
  784. 38:11adjustment, arrive at the taxable
  785. 38:13income, calculate the tax and pay the
  786. 38:15taxes. This is how it need to be done.
  787. 38:19So with this we will stop uh we will end
  788. 38:21uh today's uh session. I'm going to uh
  789. 38:25post three questions which is relating
  790. 38:27to today's discussion and uh please make
  791. 38:30sure that you are answering for those
  792. 38:32question. We'll see you in the next
  793. 38:34session. [music] Till then bye-bye.

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