1) Introduction
In the globalized economy, the issue of corporate
double taxation of income is unequivocal. However, a relief for taxes paid in
the foreign country is given to taxpayer while taxing the same income in the
UAE and this is termed as Foreign Tax Credit (FTC).
We have outlined below the concept of FTC and various
tax relief methods practiced globally.
2) Methods
Tax Credit Method
- Income taxed in the source country
is also subject to tax in the resident country. But, deduction is allowed from
its taxes paid in the source country.
Exemption
Method
- Income that is taxed in the foreign
country is exempted in the resident country either fully or progressively.
3) FTC in the UAE
Availability
- The UAE Corporate Tax (CT) regime
allows credit for taxes paid in foreign country on foreign-sourced income
subject to taxes in the UAE.
Limitations
- The FTC shall be lower of the
below:
- Foreign tax paid
- UAE CT liability
- Unused FTC cannot be carried
forward or back
4) Eligibility
- Must be a tax resident
- Taxes must have been paid in accordance with the
relevant tax treaty and domestic law of foreign jurisdiction
- Foreign taxes paid must be income taxes/ taxes levied
on income, profits, or gains.
- Subject to any other conditions as may be set out in
an applicable tax treaty.
5) Documentation
- Proof of foreign taxes paid
- Documentation to show residency status
- Tax returns filed in the foreign jurisdiction
- Any other document prescribed by the Federal Tax
Authority
6) How can Crowe help?
- Analyzing the eligibility for any tax credit available
under the provisions of tax treaties and domestic law.
- Ongoing review and providing recommendations to ensure
tax compliance.
- Advising on the documentation and supporting evidences
for verification by the FTA.
- Assistance in computing the FTC in accordance with the
provisions of the UAE CT Law.