Country by Country Reporting (CbCR) in UAE
Country-by-Country Reporting (CbCR)is the requirement of the Organization for Economic Co-operation and Development (OECD) through its Action 13 of Base Erosion and Profit Shifting (BEPS). It is initially introduced in the United Arab Emirates (UAE) with effect from the year 2019 through Cabinet Resolution No. 32 of 2019, which is now replaced by Cabinet Resolution No. 44 of 2020 and will be in effect.
As per CbCR UAE regulation, large Multinational Groups of Enterprises (MNEs) in the UAE must file a CbCR report to the Competent Authorities at the end of every financial year. The UAE introduced CbCR requirements through Cabinet Resolution No.44 of 2020. As per Cabinet Resolution No. 44 of 2020, the form of a CbCR follows the Standard Template attached in Annex (3) to Chapter (V) of the OECD Transfer Pricing Guidelines
It should provide details of the amount of revenue, profit/(loss) before tax, income tax accrued, income tax paid, Tax residence of Constituent Company, etc., for each such Company of the MNE Group where the MNE carries out its activities.
As per Cabinet Resolution No. 44 of 2020, Country by Country Reporting in the UAE (CbCR) requirements will apply to you if the following two conditions are met:
UAE entities to whom the Regulation is applicable need to comply with Notification & Reporting as below:
Country by Country Reporting UAE | CbCR Reporting UAE
CLA Emirates [formerly Emirates Chartered Accountants Group] - Country by Country Reporting (CbCR) Advisory Services in Dubai, UAE.
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Each Ultimate Parent Entity of the MNE Group whose tax residence is in the UAE shall notify the Competent Authority that it is the Reporting Entity, no later than the last day of the Group’s Reporting Fiscal Year.
For example;
If the CbCR (Country by Country Reporting) notification is not submitted within the due date by Ultimate Parent Entity, the administrative penalty will be charged AED 1,000,000/-. In addition to that administrative penalty of AED 10,000/-per day for which the failure continues (maximum up to 250,000/-).
It applies to each such Reporting Entity in the UAE for the current financial year. Such a UAE company should submit the CbC Report to the MOF within 12 months from the end of the current financial year.
For example;
The report shall include the following elements:
If CBC Report is not submitted within the due date, the administrative penalty will be charged AED 1,000,000/-. In addition to that administrative penalty amounting to AED 10,000/-per day for which the failure continues (maximum up to 250,000/-) also will be charged.
In case the Reporting Entity fails to maintain the documents and information required under this Resolution for a minimum period of five (5) years after the date of reporting the Report to the Competent Authority, an administrative penalty of UAE Dirhams One Hundred Thousand (AED 100,000) shall be imposed.
On failure to provide the required information to the Competent authority, an administrative penalty of UAE Dirhams One Hundred Thousand (AED 100,000) shall be imposed. An administrative Penalty of minimum UAE Dirhams Fifty Thousand (AED 50,000) to maximum of Five Hundred thousand (AED 500,000) shall be imposed in case of providing inaccurate or incomplete information by the Reporting Entity.
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Country-by-Country Reporting (CbCR) is a BEPS initiative that mandates large multinational companies to reveal their worldwide income, taxes, and economic operations. In the UAE, MNEs that have consolidated revenues of no less than AED 3.15 billion are required to comply. Reporting is relevant for MNEs based in the UAE starting from fiscal years beginning on or after January 1, 2019.
In the UAE, CbCR submissions are required to be delivered by the final day of the MNE's fiscal reporting year. For instance, if the fiscal year begins on January 1, 2025, the notice must be completed by December 31, 2025, of that same year. This guarantees prompt adherence to reporting obligations.
The Organization for Economic Cooperation and Development (OECD) has created a uniform three-level documentation structure that consists of the Master File, Local File, and Country-by-Country Reporting (CbCR) to bolster clarity in transfer pricing.
CbCR notification to be filed - Before the end of the financial year of the UPE
CbC Report should be filed within 12 months from the end of the financial year. Eg: the CBcR report for the financial year ending 31st Dec 2020 should be file on or before 31st Dec 2021.
Penalties ranging from AED 100,000 to AED 1.25 million for non-compliance with CBcR regulations.
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