Abu Dhabi

UAE Supreme Court 212/2023: Empowering Taxpayers when Evidence is with the FTA

How the New FTA Public Clarifications Guide Affects Tax Disputes

In October – November 2019, the Federal Tax Authority issued an updated Clarifications User Guide (USEG001) replacing its predecessor version from June 2018. Item ‘6′, pg. 10, of the previous version of the Clarification stated that: “Once a response is issued by the FTA, you may decide whether to follow the Clarification provided by the […]

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Exceptional Taxation: UAE Supreme Court Rules on Domestic and Foreign Related Companies' Tax Liabilities

UAE Federal Court Restricts Time Limit on Tax Reconsideration Requests

  Brief One of the most common questions asked regarding tax reconsideration requests is the consequence of not receiving a response from the Federal Tax Authority (“FTA”) within the statutory timeframe of twenty-five weekdays. The UAE Federal Courts have recently addressed this issue in opining that – if no decision is taken on the reconsideration

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A New Gateway to Challenge UAE FTA Decisions Through Enforcement: Analysis of Judgment No. 1322 of 2024 (Supreme Court - Administrative)

Supreme Court Ruling: Agreeing to Arbitration by E-mail and Instant Messaging?

In the last quarter of 2019, the United Arab Emirates Federal Supreme Court issued a judgment stating that agreeing to arbitration between parties could occur by electronic means and digital messaging. The judgment confirms Article 7(2)(a) of the Federal Arbitration Law which states that an arbitration agreement is deemed to be in writing if it

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The Legal Characterization of Cryptocurrency and Contractual Authorization Protocols: Analysis of HoneyBadger Enterprises Ltd. v Bue

UAE Remote Notarization / Attestation amidst COVID-19

The COVID-19 pandemic has left many businesses unable to go about performing their normal day-to-day operations. With people stuck at home, offices locked down, and restrictions on global travel in place, many have found difficulties in ensuring that their work makes it through the pandemic. Notarization is necessary for any business in order to avoid

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Designer / Architect Delay Claims: Insights from the Ontario Superior Court of Justice

Getting The Deal Through 2021: Tax Controversy – UAE Chapter

  The #1 global guide on tax disputes and procedures. A guide to disputes and controversy arising from complex and multi-layered modern tax laws, with international experts providing overviews and in-depth analysis of relevant legislation and regulation, including jurisdiction-specific tax authorities and third parties, taxpayer rights, enforcement and penalties, dispute resolution methods, and court and

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UAE Supreme Court Insight on Free-Zone Corporate Tax Exemptions

UAE Federal Primary Court applies Supreme Court ruling on late tax payment penalties

  Since early 2019, the tax dispute resolution committees, and Federal Primary and Federal Appeals Courts have ordered the invalidity of applying late payment tax penalties capped at 300% retroactively to voluntary disclosures. On 14 October 2020, the Federal Supreme Court overturned the position taken by the committee and Court judges, and ordered that voluntary

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When Private Keys Mean Real Control: A Landmark Ruling on Crypto

UAE Supreme Court Rules No Privacy Invasion via WhatsApp

The case involved a husband (the defendant) who took a video of his wife (the complainant) and sent the video recording to the complainant’s mother instantaneously through the instant messaging application; WhatsApp. The complainant/wife filed a criminal complaint against the defendant/husband for breach of Federal Decree-Law No. 5/2012 on Combating Cybercrimes (the “Cybercrime Law”) which

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