FAQ – Article 38 Transfer of Tax Loss

Source: https://mof.gov.ae/corporate-tax-faq/

  1. What are the conditions for the transfer of tax losses within a group?

The UAE companies must meet the following conditions to transfer an amount of tax losses from one company to another in the same Tax Period:

  1. Both companies are UAE resident juridical persons;
    2. Either owns 75% or more of the other, or a third party owns 75% or more of both entities and this ownership existed at the start and end of the Tax Period in which the loss was incurred;
    3. Neither company is an Exempt Person;
    4. Neither company is a Qualifying Free Zone business; and
    5. The financial statements must be prepared using the same accounting standards, and using the same financial year.

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