Chapter 3: Accounting Profit vs. Taxable Profit | UAE Corporate Tax Masterclass. — Transcript
Full transcript
- 0:00Welcome back everyone uh to the third
- 0:03chapter. Today what we are going to
- 0:05discuss is the difference between
- 0:07accounting profit and uh tax profit.
- 0:11First we will discuss what is accounting
- 0:13profit and u uh how we will derive from
- 0:17accounting profit to tax profit. This is
- 0:20what we are going to discuss in the
- 0:22today's session. Before starting let me
- 0:25give you a very broad definition of
- 0:28corporate tax. And we will break it down
- 0:32uh the definition which will cover the
- 0:35entire tax laws and regulation and uh
- 0:38once we understood the definitions
- 0:42each concepts what we are discussing
- 0:44then we can you can make sure that you
- 0:47have a good grip on the UA corporate tax
- 0:49law. Now how I'm going to define
- 0:52corporate tax? Corporate tax is
- 0:56payable
- 0:59on
- 1:01taxable income.
- 1:06Corporate tax is payable on taxable
- 1:08income
- 1:10by taxable persons
- 1:16by taxable person according to the
- 1:22tax period
- 1:28as per the
- 1:30prescribed tax rate.
- 1:34prescribed tax rate.
- 1:37Now from this definition we are going to
- 1:40pick four concepts. First one is taxable
- 1:43income. Second one is taxable person.
- 1:47Third one is tax period. Fourth one is
- 1:50tax rate.
- 1:53This is what the definition of corporate
- 1:55tax means any business who is paying
- 1:58corporate tax on their taxable income.
- 2:01Who will pay uh corporate tax on taxable
- 2:04income? Taxable person. Taxable person
- 2:06means who is liable to pay corporate
- 2:09tax. And
- 2:12on what basis they are going to pay?
- 2:14They are going to pay or they are going
- 2:16to calculate their corporate tax
- 2:19according to the tax period. Every
- 2:21business has a particular tax period and
- 2:25on what what basis or what rate they are
- 2:28going to use as per the prescribed tax
- 2:30rate. This is the whole uh four
- 2:34concepts. Now out of this four concepts
- 2:37we will revisit again on this definition
- 2:39as and when we discuss each concepts
- 2:42what we have discussed uh right now in
- 2:44the definition.
- 2:46Now let's take first taxable income.
- 2:54What is taxable income? Taxable income
- 2:56means the income where a business or a
- 3:00company should pay corporate tax in UAE.
- 3:05That means
- 3:08a business when they make their year end
- 3:10uh like you know accounting how they
- 3:12will be doing accounting obviously they
- 3:14are going to calculate their revenue
- 3:18and they are going to minus their
- 3:20expense and they will get profit.
- 3:27This profit is called accounting profit
- 3:34which you all know like how uh like you
- 3:36know when we are making the profit and
- 3:37loss account as you all know the taxes
- 3:41applicable on businesses in general it
- 3:43is 375,000 dhams 0%age and uh above
- 3:49375,000 dhams 9%age
- 3:54is this 9%age tax or the uh 0% threshold
- 3:59is calculating based on the accounting
- 4:01profit. Answer is no. It is calculating
- 4:05based on the taxable income. Now we need
- 4:09to derive from our profit and loss
- 4:12account balance. How much is our taxable
- 4:15income? How it is getting derived? That
- 4:18is what we are going to discuss in
- 4:20today's session.
- 4:23First let me give an understanding to
- 4:25you. There is a ministerial decision
- 4:27which is ministerial decision 114 of
- 4:312023
- 4:34and this particular ministerial decision
- 4:36explained which accounting standard
- 4:39every business should follow in UAE for
- 4:42the corporate tax purpose. Now this
- 4:45ministerial decision explained that UAE
- 4:48is following the accounting standard
- 4:50which is IFRS.
- 4:53What is FRS? It is a reporting standard
- 4:57which is called
- 4:59international
- 5:01financial
- 5:03reporting standard.
- 5:09International financial reporting
- 5:10standard. It is nothing but uh a
- 5:13standard in which the business should
- 5:16prepare their profit and loss account.
- 5:18Most of the countries in the world
- 5:20following IFRS as their accounting
- 5:23standard. There are deviations also. If
- 5:25you take a country like US, US is
- 5:28following a different accounting
- 5:29standard called US GAAP. India is
- 5:32following accounting standard which is
- 5:34IND as in India it is
- 5:39INS Indian accounting standard. US it is
- 5:43US GAP.
- 5:47However, most of the countries in the
- 5:49world are following IFRS.
- 5:53IFRSC is explaining like when you are
- 5:55dealing with your financial statement
- 5:58how you need to book certain items not
- 6:01not certain items all the items. Now for
- 6:03example I will give give couple of uh
- 6:06IFRS standards. IFRS 15 is talking when
- 6:11a business get revenue how the revenue
- 6:13should be booked on what basis the
- 6:16revenue should be booked they define
- 6:18five-step model uh and in the each step
- 6:21we need to understand identify the
- 6:22contract identify what you have
- 6:24committed uh to your customer then uh
- 6:28break it down then as and when you
- 6:30fulfill your obligation to your customer
- 6:33you need to book revenue this is what
- 6:35explained in IFRS uh 15 there is an
- 6:38accounting standard IAS2.
- 6:42I2 is talking about inventory. If a
- 6:46business has inventory stock how they
- 6:49need to book it is explained they need
- 6:51to book cost or net realizable value
- 6:56whichever is lower
- 7:00whichever is lower. So, IFRS is nothing
- 7:03but a reporting standard which a
- 7:06business should prepare their profit and
- 7:08loss account and balance uh balance
- 7:10sheet. And through ministerial decision
- 7:12114 of 2023, UAE ministry of finance
- 7:16clarified that in UAE business should
- 7:19follow IFRS as the accounting standard.
- 7:24Further in ministerial decision it is
- 7:26explained that if a business is making
- 7:30above
- 7:3250 million a in a year as a revenue
- 7:39they should follow IFRS
- 7:41full IFRS
- 7:45then if a business who is making below
- 7:4950 million a in revenue they can follow
- 7:53IFRS forme.
- 7:57It's nothing but a simpler version of
- 8:00IFRS
- 8:01um like you know it's uh IFRS itself
- 8:04when uh it cannot be maybe not able to
- 8:07follow by small businesses. So there is
- 8:09a simpler version of IFRS. If a business
- 8:12is making below 50 million dhams, they
- 8:15can choose for the IFRS forme.
- 8:20Any business who is making revenue below
- 8:24803 million
- 8:27in a year, they can either prepare the
- 8:31books in the cash basis
- 8:36or acral basis. Now what is cash basis?
- 8:39What is acrual basis? I will give an
- 8:42example.
- 8:44Let's say you your business got a
- 8:47revenue of a
- 8:51120,000 dham
- 8:54for an annual contract.
- 8:59You got a contract and this contract is
- 9:01for one year and you got the money
- 9:04120,000 dhams as per cash basis. When if
- 9:08you are making your accounts as per cash
- 9:10basis, this 120,000 dhams you will
- 9:13consider as revenue on the day you
- 9:16received
- 9:23on the day you received you will
- 9:24consider it as a revenue. Whereas if you
- 9:27are following acral basis of accounting,
- 9:30you will see that okay this revenue I
- 9:32got today is not for the uh like you
- 9:35know not for the one day or 1 month. The
- 9:38revenue I received and I need to do my
- 9:42services over a period of 12 months. So
- 9:44what you are going to do you are going
- 9:46to divide
- 9:48120,000 durhams with 12 months and you
- 9:51are going to book each month
- 9:55a 10,000 dham. So in acral you are going
- 10:00to book your income and expenses as and
- 10:02when it is due especially when it comes
- 10:05to the long-term contracts. Whereas in
- 10:07cash basis you are going to book the
- 10:09revenue the day you receive the money.
- 10:15For businesses who are making below 3
- 10:17million dhams they can either uh follow
- 10:21cash basis of accounting or they can
- 10:23follow acral basis of accounting. This
- 10:25is also explained in ministerial
- 10:27decision number 114 of 2023.
- 10:34Now let's discuss we know like how we
- 10:38are arriving accounting profit it which
- 10:39is basically revenue minus expense and
- 10:42how we need to uh derive our accounting
- 10:45profit using the accounting standard.
- 10:47Accounting standard is IFRS. Above 50
- 10:50million durhams must follow full IFRS.
- 10:53Below 50 million DS they have a choice I
- 10:57mean they have a choice either they can
- 10:58do full IFRS or a simpler version of
- 11:01IFRS which is ifrs forme below 3 million
- 11:04dhams they can either go for cash basis
- 11:07of accounting
- 11:08or they can go for uh acral basis of
- 11:13accounting.
- 11:19Now let's discuss on taxable income.
- 11:25How a business should arrive taxable
- 11:28income from accounting income or
- 11:30accounting profit. So when I'm telling
- 11:32income in the tax law income is equal to
- 11:36profit.
- 11:38So please don't get confused when I'm
- 11:40telling income I'm referring revenue.
- 11:42revenue I will revenue
- 11:45either it will be defined or explained
- 11:48as revenue or as turnover
- 11:52income will be always income or profit
- 11:55so when I'm telling taxable income I'm
- 11:57referring that taxable profit when I'm
- 12:00telling taxable revenue that means it is
- 12:02revenue or like you know it's not
- 12:04considered as profit
- 12:07now taxable income or taxable profit we
- 12:11need to determine from the uh accounting
- 12:14profit using eight adjustments.
- 12:20There are eight adjustments specified in
- 12:22the corporate tax law. And using this
- 12:24eight adjustments, we need to derive our
- 12:27taxable profit. What is the first
- 12:29adjustment?
- 12:31First adjustment is exemptingum.
- 12:38Exempting income is explained in article
- 12:4127 of corporate tax law. Corporate tax
- 12:43law to explain that certain incomes are
- 12:47exempted. That means if you have
- 12:49accounting profit and in that accounting
- 12:53profit, there are certain income which
- 12:55are exempted from corporate tax law. You
- 12:57can remove it. There are mainly four
- 13:00exempting income which we will discuss
- 13:02uh in detail. We will have a separate
- 13:04chapter for exempt income. One is
- 13:08local dividend
- 13:11means any UAE company is getting
- 13:13dividend from another UA company. Second
- 13:15one is participation
- 13:20exemption.
- 13:22Participation exemption is when a UAE
- 13:25company is getting dividend from foreign
- 13:27country or getting capital gain when
- 13:30they sell the shares. And uh
- 13:34the third category is
- 13:45foreign business who are into
- 13:49international
- 13:55aircraft
- 13:57or shipping.
- 13:59This exempt income is mainly based on
- 14:02the uh like you know reciprocity
- 14:05treatment between UAE and other
- 14:07countries. I'll give an example to you.
- 14:10UAE is telling that okay if an Indian
- 14:13airline any any Indian airline let's
- 14:16take an example Indigo is coming to UAE
- 14:19and uh picking passengers from UAE and
- 14:21taking it back and doing like you know
- 14:24uh shuttle services.
- 14:26UA will not tax Indigo if India is
- 14:31telling that India will not tax
- 14:32Emirates. So it's a reciprocal contract.
- 14:35If that reciprocal contract is hornered
- 14:38by the countries then UAE told that such
- 14:40companies such airline companies no need
- 14:43to pay taxes in UAE. These are exempt
- 14:46income which is the first adjustment we
- 14:49need to do to derive from our uh
- 14:51accounting profit to tax profit. We will
- 14:54discuss it in detail.
- 14:57Second adjustment is unrealized
- 15:04gain or loss
- 15:09if elected.
- 15:13Unrealized gain or loss. Again, what it
- 15:15is unrealized gain or loss? Let's say
- 15:17company bought a property, a real estate
- 15:19property. They bought it in 2024
- 15:23and they are not selling this property.
- 15:25The property value is increasing year on
- 15:27year. Every year the property value is
- 15:29increasing.
- 15:31When they are the property value is
- 15:33increasing they may be including the
- 15:36increased value in their accounts. Let's
- 15:40say they are using a revaluation
- 15:42model. What is revaluation model? Every
- 15:46year they will see what is the assets
- 15:48what are the assets the company have and
- 15:51they will see what is the market value
- 15:53as on today and they will book the
- 15:56market value. So what is going to happen
- 15:57if let's say they bought a property for
- 16:001 million in 2024 now they are closing
- 16:03the books of 2025 they are using a
- 16:06revaluation model in 2025 31st December
- 16:09the property value is 1.25 25 million
- 16:13on 2025. Have they sold this property?
- 16:16No. The property is still with them. Now
- 16:18this 250,000 dhams is a unrealized gain.
- 16:24Have they sold this thing? No, they have
- 16:26not sold. It is still uh in their books
- 16:28only and uh but the value of the
- 16:31property is increased. Now this 250,000
- 16:34dhams do they require to pay taxes?
- 16:38If they have elected that we will not
- 16:41pay taxes on our unrealized gain then
- 16:44they do not require to pay taxes on
- 16:46unrealized gain. So this is the second
- 16:48adjustment. Third adjustment
- 16:53income from
- 16:56group companies.
- 17:00This is mainly related to tax group.
- 17:05Again all these things what we are
- 17:07discussing you can in short like you
- 17:09know I don't need to tell you this every
- 17:10time I'll uh give a bottom line
- 17:13disclaimer what we are going to do here
- 17:16it is around 8 to 10 chapters in the
- 17:20first 8 to 10 chapters we are setting a
- 17:22foundation
- 17:24and 11 chapter on we will be going back
- 17:27to all concepts what we have so far
- 17:30discussed in detail each and everything
- 17:32tax group uh which we are going to
- 17:35discuss. Now we will have at least two
- 17:37chapters on tax group exempt income. We
- 17:40will have one or two chapters
- 17:41exclusively on exempt income. We will
- 17:44have a separate chapter for unrealized
- 17:46gain. How to calculate all the things.
- 17:48So everything will be covered again in
- 17:50detail. Right now what we are doing is
- 17:52we are just setting a plot so that you
- 17:55you you are understanding the basic
- 17:58concepts.
- 18:00So what is tax group? Tax group means
- 18:03company A, company B
- 18:06they are applying to federal tax
- 18:09authority that we want to create both
- 18:12these companies as a group
- 18:15and we want only one tax registration
- 18:17number one TRM.
- 18:20Now if they have one tax registration
- 18:22number they are going to do one filing
- 18:25one tax filing
- 18:27correct. So any transaction happening
- 18:30between these companies let's say
- 18:31company A is selling the goods to
- 18:34company B. So for company A it's a
- 18:37revenue company B it's a purchase that
- 18:40what is going to happen it is going to
- 18:42be knocked off the purchase and sales.
- 18:44So if there is a tax group the income
- 18:47from group companies need to be excluded
- 18:50while calculating the taxable income. If
- 18:53you are seeing company A's books what
- 18:55what will be there? there will be a sale
- 18:57income because they sold the goods to
- 18:59company B. If you see company B's books,
- 19:02you will see a purchase.
- 19:05Now when it comes to corporate tax, this
- 19:08income on expenses or the purchases will
- 19:10not be considered while calculating the
- 19:13taxable income. Why? Because they are
- 19:16filing single tax return. It will be
- 19:18knocked off. This is the third
- 19:21adjustment. And fourth adjustment is
- 19:24non-deductible expenditure
- 19:30which is explained in
- 19:33article
- 19:3533. Certain expenses which may be
- 19:38considered as expenses for your business
- 19:41purpose but for tax purpose it is not
- 19:43considered as an expense. I will give an
- 19:45example to you. Fines. If a company's
- 19:49paying some fines in company's books it
- 19:52will show as an expense right but for
- 19:54tax purpose the authority told no you
- 19:57cannot consider fine as an expense you
- 20:00need to disregard this expenses
- 20:04and further it is explained that if the
- 20:06business has any entertainment expense
- 20:11entertainment expense means the business
- 20:13is keeping some some kind of events for
- 20:16the customers or supplier buyers and
- 20:19they are spending money for that.
- 20:22In IFRS's point of view, yes, it is your
- 20:25business expense. You can consider it in
- 20:26your books. But tax law is telling no,
- 20:29entertainment expense is not fully
- 20:31allowed. Entertainment expense is
- 20:33allowed only 50%age.
- 20:37One last example I will give to you
- 20:39which is donations
- 20:43and gifts. If a business is giving any
- 20:46donation or gifts, it is disallowed. In
- 20:49donation, the authority told if you are
- 20:52giving any donation to approved
- 20:58charitable institution or any approved
- 21:00institution
- 21:03then it is allowed. So the there is a
- 21:06separate cabinet decision. In that
- 21:08cabinet decision there is a list of
- 21:10organization which are approved and if
- 21:13any business is giving any u any
- 21:16charitable don charity or donation to
- 21:19those organization it is allowed
- 21:21otherwise if a business is telling like
- 21:23okay I gifted this these things to my
- 21:26employees I have done a charity uh to
- 21:29Mr. A or like you know to someone they
- 21:31have given some charity the authority
- 21:34told no it is not considered as an
- 21:36expense for tax purpose you need to
- 21:38disregard this.
- 21:41And fifth one is
- 21:45transfer
- 21:49with related party
- 21:55and connected person.
- 21:59What? Who is related party? Who is
- 22:01connected person? Related party means
- 22:03think of a situation.
- 22:08You have two companies. Company A,
- 22:11company B.
- 22:14Now both companies are owned by you.
- 22:16That means you can control the price of
- 22:20transaction between these two companies.
- 22:22Let's say company A is providing a
- 22:24service to company B. Both companies are
- 22:27owned by you. you can decide that okay
- 22:29company A will not charge anything for
- 22:31this uh particular service or company A
- 22:34is going to charge 100,000 dham for this
- 22:37particular service where the market
- 22:39value is only 1,000 dhams so you as a
- 22:43person has a control over the pricing
- 22:46when there is a transaction happening
- 22:48between two companies that means company
- 22:51A and company B are called related
- 22:54party.
- 22:57This is the first concept. Second
- 22:59concept is connected person. Connected
- 23:01person means any business has owner
- 23:07or officer. Officer can be manager,
- 23:10director, CEO, CFO, uh CEO. It can be
- 23:15anyone who is on the senior level or
- 23:18relative
- 23:20of owner/
- 23:25officer.
- 23:27These are the three categories of people
- 23:30who come under the definition of
- 23:31connected person. Now why it is
- 23:34important in UAE? If you remember we
- 23:37discussed in the
- 23:39uh previous chapter that the cabinet
- 23:41decision 49 of 2023 is published and
- 23:46cabinet edition 49 told natural person
- 23:49will be subject to corporate tax if the
- 23:52business income is more than 1 million
- 23:54dhams and while calculating the 1
- 23:57million dhams you you are going to
- 23:59exclude three things. First thing is
- 24:01wages.
- 24:03That means if an individual who is
- 24:04getting wages that wages is not subject
- 24:07to corporate tax.
- 24:10If in UAE if [clears throat] the salary
- 24:12or wages is not taxed every business
- 24:15will straightforward think that okay let
- 24:18me take the entire profit as tax and uh
- 24:21make my company on losses so that I
- 24:23don't need to pay taxes.
- 24:25Now think of a situation you it is not
- 24:28there just for example purpose I'm
- 24:30telling or I will give a real example to
- 24:33you take an example country Singapore
- 24:37Singapore has 17%age corporate tax
- 24:42Singapore has 23%age income tax
- 24:47now someone from Singapore and they told
- 24:50once the company paid corporate tax
- 24:52dividend
- 24:55no tax.
- 24:58Now someone from Singapore what they
- 25:01will do will they take dividend after
- 25:03paying 17%age corporate tax or will they
- 25:05pay 23%age income tax by way of taking
- 25:08salary? they obviously will go for
- 25:1017%age corporate tax they will pay they
- 25:12will not take any salary and
- 25:14[clears throat] after paying 17%age
- 25:15corporate tax they will take dividend
- 25:18but now in UA UA told if you take salary
- 25:21there is no corporate tax applicable on
- 25:22that
- 25:24here comes the concept of connected
- 25:26person if you are a connected person of
- 25:29the business your salary need to be as
- 25:32per the market value
- 25:37and you need to document it and this
- 25:40documentation uh entire thing is called
- 25:42transfer pricing
- 25:45deciding in which price or what should
- 25:47be the salary as per the market value
- 25:50the owner or senior management can take
- 25:53and documenting it. This document is
- 25:55called transfer pricing document. The
- 25:58same goes for related party also which I
- 26:01explained to you previously. If there is
- 26:03a common control in two companies and
- 26:05that two companies are considered as uh
- 26:08related party companies when they do
- 26:10transaction they also should deal in a
- 26:13market value.
- 26:15When you think inside UAE it may not
- 26:18make sense to you but I will give
- 26:19another example to you. Company A in UK,
- 26:24company B in UAE. UK let's say the
- 26:29corporate tax rate is 23%age.
- 26:32And in UAE the corporate tax rate is 9%.
- 26:35This both companies are owned by Mr. A.
- 26:39So what Mr. A is thinking that I will
- 26:44invoice from my company B to company A
- 26:47for some services and instead of
- 26:50charging 100 A, I am going to charge
- 26:5310,000 A.
- 26:56Why he wants to do it? when UK company
- 26:59paying UA company this 10,000 AD in UK
- 27:02it is considered as expense
- 27:06which will obviously reduce their
- 27:08corporate tax and the corporate tax rate
- 27:10is 23%age
- 27:12versus in UAE even if you bring the
- 27:15income to UAE UAE may be taxing or uh
- 27:19even if the company is paying the
- 27:21corporate tax company is paying only 9%
- 27:24so ultimately that company is saving
- 27:2714%age age tax
- 27:30to avoid this practice. Again the
- 27:32concept came no both the companies UK
- 27:35company and UA company they are related
- 27:37party and when they are dealing their
- 27:40business transaction because there is a
- 27:42common control the transaction need to
- 27:44be dealt in arms length value which is
- 27:47called market value. So what is arms
- 27:49length?
- 27:53Arms length the it's a technical term
- 27:56but what does that mean is that if your
- 27:59arms has a length like when you keep
- 28:01your arm straight
- 28:04you are finding a your third party
- 28:06customer the same length you need to
- 28:09keep for your own controlled companies
- 28:11also that means in the example what we
- 28:14have given that u company B generally
- 28:18providing this service to third party
- 28:20for 100 dhams that means that is the
- 28:23arms length value that is the amount
- 28:25they are charging for the third parties.
- 28:28When they charge for their own companies
- 28:31they should keep the same price the same
- 28:32arms length value [music] they need to
- 28:35keep.
- 28:37You can call it market value arms length
- 28:39value both are fine. Arms length is more
- 28:42technical and professional word.
- 28:45The same way we discussed on connected
- 28:47person. If the connected person is
- 28:49getting some benefits from the company,
- 28:52it need to be at market value or arms
- 28:54length value. So this is the
- 28:59fifth adjustment. And why why this
- 29:01adjustment is there? I'll just quickly
- 29:04explain to you in the same example.
- 29:07Company B was supposed to get 100 dham.
- 29:11100 dham is the ALP arms length price.
- 29:16How much they got? 10,000 dhams. So this
- 29:2010,000 dham they will show in their book
- 29:22as revenue.
- 29:25Correct? when they calculate the
- 29:27corporate tax they need to reduce their
- 29:31revenue 9,900
- 29:33AD they need to reduce the revenue
- 29:39because this 9,900
- 29:41is a is a non-armslength value
- 29:45reciprocally in UK they should consider
- 29:48only 100 dham as expense this is mainly
- 29:51comes this concept of transfer pricing
- 29:53is mainly coming in the international
- 29:55transactions again we will discuss it in
- 29:58detail
- 30:00how muchever I'm telling I'm not going
- 30:01to repeat it but uh maybe I'm getting a
- 30:05feeling that you may be thinking so
- 30:07complicated but all this concept we are
- 30:10going to discuss again
- 30:13now the sixth adjustment from the UA
- 30:16corporate tax law
- 30:18transfer of losses
- 30:23where
- 30:2575%age
- 30:27ownership is common.
- 30:33What is this? If a company let's say
- 30:37again company A, company B
- 30:41both are owned by Mr. A
- 30:46100%age. That means both the company Mr.
- 30:49A is owning more than 75%age.
- 30:53Company A in 2025 got loss. Company B
- 30:58got profit.
- 31:01Now the corporate tax law is telling
- 31:03that when you are calculating let's say
- 31:06you are checking the uh calculating the
- 31:08tax for company B that means company B
- 31:11is showing as per books profit.
- 31:15Tax law is telling that if one person
- 31:19has more than one company and in both
- 31:22company that particular person has more
- 31:25than 75%age
- 31:27shares then company A loss can be
- 31:31transferred to company B's profit and it
- 31:34can set off. So in your books you are
- 31:37showing it's showing a profit but in
- 31:39taxable income when you are calculating
- 31:41what you are going to you are going to
- 31:42transfer loss of company B to company A
- 31:48and then
- 31:50let's say you have a profit of 100
- 31:54and you are transferring loss of
- 31:59transferring loss of 50 that means your
- 32:01taxable income is 50. So any transfer of
- 32:05losses is there that also you need to
- 32:07take into consideration when you are
- 32:09calculating your taxable income.
- 32:13Seventh one tax incentives and reliefs.
- 32:18Tax incentives and reliefs.
- 32:22As on today there is no tax incentives
- 32:24or reliefs announced. In future when the
- 32:27authority announce any uh incentives or
- 32:30relief that you are going to take into
- 32:32consideration you are going to minus
- 32:34this incentive from your accounting
- 32:36profit to derive your tax profit. This
- 32:39is the seventh adjustment. And eighth is
- 32:42any other adjustment
- 32:47which
- 32:50ministry of finance
- 32:52decides
- 32:54through a ministerial decision.
- 32:58So these are the eight adjustment. Now
- 33:00you have accounting profit and from this
- 33:03accounting profit you are calculating
- 33:04your tax profit. While calculating your
- 33:07tax profit you need to make eight
- 33:10adjustment. Adjust adjustment number one
- 33:12you need to remove the exempt income. If
- 33:15you have any of your income which is
- 33:17there in your books which is exempted
- 33:19from UA corporate tax you need to remove
- 33:21that. Second thing if you have elected
- 33:24that my company will pay taxes only when
- 33:27the profit is realized and you have any
- 33:30unrealized uh gain or loss that means
- 33:33you need to adjust that one. That is the
- 33:35second one. Third one, income from group
- 33:38company.
- 33:40If there is a tax group created
- 33:43and any transaction happening between
- 33:45the group company need to be removed.
- 33:48Fourth thing, non-deductible
- 33:49expenditure. Certain expenditures will
- 33:52be shown in the books but as per the
- 33:54corporate tax law that may be not
- 33:57allowed or partially allowed. We
- 33:59discussed fines are not allowed.
- 34:00Entertainment expenses 50%age allowed.
- 34:03uh donations certain donations are
- 34:06allowed certain donations are not
- 34:08allowed like that there are a list of
- 34:09non-deductible expenditure
- 34:12then fifth thing any transaction
- 34:15happening between related party and
- 34:17connected person and you need to adjust
- 34:20it if there is a nonarmms length value
- 34:24in your books if your books are as per
- 34:26arms length then no need to adjust but
- 34:28if there is any nonarms length or
- 34:29non-market value uh is there in your
- 34:32books that need to be adjusted.
- 34:36Sixth thing, any loss you are
- 34:38transferring from a group company like
- 34:41if there is a 75%age ownership and you
- 34:44are transferring the loss from company A
- 34:47to company B then that adjustment need
- 34:50to be made. This transfer of losses is
- 34:52explained in article 39.
- 34:55And seventh thing when the authority
- 34:58announce any incentives or relief that
- 35:00also you need you can adjust in your uh
- 35:03books to arrive the taxable income and
- 35:06any other adjustment which ministry of
- 35:08finance
- 35:09will be uh announcing
- 35:12in future. Now let's make a example
- 35:15calculation so that all these things we
- 35:17will be covering.
- 35:19We got a profit and loss account and the
- 35:22profit and loss account is telling that
- 35:24okay the company has 1 million dhams
- 35:26revenue.
- 35:28Company has expenses
- 35:33700,000 dhams. That means the company
- 35:35has a profit of 300,000 dhams as a
- 35:38profit.
- 35:40This profit is accounting profit. And
- 35:43how they need to arrive this accounting
- 35:45profit using the accounting standard.
- 35:46What is the accounting standard? IFRS.
- 35:49Now once we get the accounting profit
- 35:51from here we are starting the tax
- 35:53calculation
- 35:55let's say in this 700,000 expenses there
- 35:59is a fine the company has paid and how
- 36:02much fine they have paid they have paid
- 36:0450,000 fine is fine is allowed as per UA
- 36:08corporate tax law no that means we need
- 36:09to add back 50,000 dham fine
- 36:13which is already included in the
- 36:16expenses
- 36:18then comes
- 36:21entertainment expense
- 36:28in this 700,000 dhams uh let's assume
- 36:31there is 100,000 dham the company spend
- 36:34for entertainment expenses how much can
- 36:36be claimed so the total is
- 36:39100,000 how much is disallowed 50%age
- 36:43only 50%age is allowed that means they
- 36:45are going to add back again 50,000 dams
- 36:49to their books. Now this two these are
- 36:51the two adjustment. Let's assume to make
- 36:53it simple. These are the two
- 36:55adjustments. That means their
- 36:58uh revenue uh accounting profit is
- 37:01300,000 dham. Out of their total 700,000
- 37:04dham, two expenses were either one was
- 37:07not allowed, one was partially allowed.
- 37:10Now when we add back
- 37:13their income become 400,000
- 37:17and this is called taxable
- 37:21income.
- 37:26CT is applicable
- 37:30on taxable income and how we need to
- 37:33work out first we need to see
- 37:37up to 375,000 dham zero
- 37:42above 375,000 dham 9 percentage
- 37:48how much it will be from 400,000 first
- 37:52375,000 is not taxed then Trust 25,000
- 37:56dhams
- 37:58is taxed at 9%. How much will be the
- 38:00taxes? 2250.
- 38:03This is how in short the corporate tax
- 38:06calculation need to be done. First we
- 38:09need to prepare the books, make the
- 38:11adjustment, arrive at the taxable
- 38:13income, calculate the tax and pay the
- 38:15taxes. This is how it need to be done.
- 38:19So with this we will stop uh we will end
- 38:21uh today's uh session. I'm going to uh
- 38:25post three questions which is relating
- 38:27to today's discussion and uh please make
- 38:30sure that you are answering for those
- 38:32question. We'll see you in the next
- 38:34session. [music] Till then bye-bye.
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