The Objective of Appeal Guide for ESR
The ESR appeal requires the Licensee or the Exempted Licensee to appeal to the National Assessment Authority due to the decision imposed to charge an ESR penalty on it for any of the subsequent reasons:
- The Violation ascribed to it was not executed;
- The ESR penalty levied is not proportional to the violation executed;
- The ESR penalty levied surpasses the limit imposed hereunder.
Appeal Guide for Economic Substance Regulations
As ESR Notifications and ESR Reports are filed through the Ministry of Finance portal. The Licensees and Exempted Licensees already have their accounts on the Ministry of Finance portal. In order to submit their ESR appeal, they are required to log in to their accounts.
For each ESR penalty, a separate ESR appeal must be made.
Appeal Guide for Economic Substance Regulations provides that the deadline for submitting the ESR Appeal and paying the ESR Penalty is 40 working days starting from the date on which the ESR penalty is imposed.
The ESR Penalty deadline stops as soon as the ESR Appeal is submitted, and it will continue when the ESR appeal is rejected or withdrawn relatively. When the ESR appeal is completely approved, the deadline for submitting the ESR Appeal and paying the ESR Penalty will not continue.
The Federal Tax Authority decides on the ESR Appeal that is submitted within 40 working days and eventually notifies the Licensee and Exempted Licensee about their decision within 5 working days starting from the date on which the decision was issued.
Submission of Supporting Documents at the Request of the National Assessing Authority
As per the new Economic Substance Requirements, the Federal Tax Authority, in collaboration with the Regulatory Authorities, has the responsibility to request further information, documents, and data required under the Economic Substance Regulations.
When requested, the Licensee and Exempted Licensee must submit the requested documents within 5 working days starting from the date when the request was made; else, the ESR Appeal will be cancelled.
The deadline for the Federal Tax Authority re-evaluation stretches to a further 40 working days after the submission of the supporting documents. The Licensee and Exempted Licensee who submitted the ESR Appeal is notified within 5 working days starting from the date on which the decision was issued.
Also Read : ESR for holding Company Business in UAE
Submit For ESR Appeal
40 working days starting from the date on which the ESR Penalty is imposed
Submission of Supporting Documents on the Request of FTA
5 working days starting from the date when the request was made
Decision for ESR Appeal
40 working days after the submission of the supporting documents
Inform Licensee and Exempted Licensee about the Decision
5 working days starting from the date on which the decision was issued
Final Deadline to Pay the ESR penalty
40 working days from the date the ESR penalty is imposed
Economic Substance Regulations Support Channel for ESR appeal
The Licensee or Exempted Licensee sometimes appeals for the modification in the notification or appeals to return the ESR Appeals for correction. The Licensee or Exempted Licensee can go along with the appeal by e-mailing their authorized name, their Regulatory Authority as well as the Case ID to FTAESR@tax.gov.ae.
In case of technical issues related to the Ministry of Finance portal e-mails should be sent to ESR email@example.com.
ESR Penalties in UAE
The subsequent ESR Penalties will be levied by the Federal Tax Authority:
- Unable for ESR Notification filing within 6 months from the end of the fiscal year, ESR Penalties levied will be AED 20,000.
- Unable for ESR Reporting within 12 months from the end of the fiscal year, ESR Penalties levied will be AED 50,000.
- If unable to meet Economic Substance Requirements, ESR Penalties levied will be AED 50,000.
- Repetitively executed one of the two violations mentioned by the National Assessment Authority during the subsequent fiscal year, ESR Penalties levied will be AED 400,000. The listed ESR penalties can be levied within 6 years starting from the date of executing the violation unless the applicant executed a deceitful act that disabled the Federal Tax Authority to impose the listed ESR penalties within the specified period.
- Giving inaccurate information, ESR Penalties levied will be AED 50,000.
The ESR penalty for the violation of this act can be levied within 12 months starting from the date on which the Federal Tax Authority came to know unless the applicant executed a deceitful act that disabled Federal Tax Authority to impose the listed ESR penalties within the specified period.
- Further ESR Penalties such as deferring, vacating, or not restoring the Licensee’s or Exempted Licensee’s commercial license can also appeal.
Therefore, it is strongly recommended that all the Licensees or Exempted Licensees should examine their authorities and make all necessary measurements in order to comply with the Economic Substance Requirements. Moreover, non-compliance should be reformed.
If the ESR Penalty rises without executing a violation, or it is not in proportion to the violation committed, or it surpasses the limited time period, it is strongly recommended that an ESR Appeal must be made without further delay. Call us here in Economic Substance Regulations today to file your ESR Appeal.
Syed Hassan Ali carries with him an experience of 13 years in providing legal guidance and consultancy. He is a holder of two degrees, one in Business Management and the other in Economics for Engineers and Scientists. He carries an in-depth knowledge of the UAE market and continues to be an asset to businesses, providing clarity regarding applicability of the ESR regulations as well as guide them in making informed decisions.