Home » Economic Substance Regulations (ESR)Filing in the UAE | ESR Deadlines in the UAE
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United Arab Emirates (UAE) was added to the European Union’s list of non-cooperative tax jurisdictions due to concerns of the European Commission. With effect from 1 January 2019, the UAE introduced Economic Substance Regulations (ESR) via Cabinet Decision No. 57 of 2020.
The economic substance regulations (ESR), applicable from 2019 for all United Arab Emirates (UAE) legal entities with a commercial license, prescribe that quorate board of directors meetings are frequently held in the UAE. The international travel restrictions implemented as a measure to curb the COVID 19 outbreak mean that international groups with entities in the UAE should closely consider their corporate governance obligations in relation to the ESR and generally to potential overseas tax implications.
Every Licensee shall be required to meet the applicable Economic Substance Test requirements and submit an Economic Substance Report (file the ESR in the UAE) containing the requisite information and documentation prescribed under the ESR Regulations within twelve (12) months from the end of the relevant Financial Year.
The National Assessing Authority is subject to a six (6) year limitation period calculated from the end of the relevant Financial Year during which it must issue its decision in respect of whether a Licensee has met the Economic Substance Test. This six (6) year limitation period shall not apply if the National Assessing Authority is not able to make a determination during this period due to gross negligence, fraud, or deliberate misrepresentation by the Licensee or any other person representing the Licensee.
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