قرار وزاري رقم (126) لسنة 2023 بشأن القاعدة العامة لقيود خصم الفائدة لأغراض المرسوم بقانون اتحادي رقم (47) لسنة 2022

en · translation · sha256:7381134d142007c63cc4874703d37f7786e5ef63673d95981fa3877654f8a17c

Article 15 – Publication and Application of this Decision This Decision shall be published and shall come into effect the day following the date of its publication.

en · translation · sha256:1efa19b1a3ff868c722ed3ff1f00af0da991c5d515a7c56caf25214aca327289

Article 8 – De Minimis Net Interest Expenditure 1. The limitation on the deductible Net Interest Expenditure provided under Clause (1) of Article (30) of the Corporate Tax Law shall not apply where the Net Interest Expenditure for the relevant Tax Period does not exceed AED 12,000,000 (twelve million dirhams). 2. Where the Net Interest Expenditure exceeds the amount referred to in Clause (1) of this Article, a Taxable Person may deduct the higher of AED 12,000,000 (twelve million dirhams) or the percentage provided for under Clause (1) of Article 30 of the Corporate Tax Law. 3. For purposes of this Article, where the relevant Tax Period is more than or less than (12) twelve months, the amount stated in Clause (1) of this Article shall be adjusted in proportion to the length of the Tax Period.

Referencing norms: InterestDeductibleUpToCap, InterestDeductionCap, InterestWithinDeMinimisFullyDeductible, InterestWithinDeMinimisNothingDisallowed, NetInterestDeMinimis/value/urn%3Aae%3Acorpus%3Aclir%3Acorporate_tax%3Aparam%3Anet-interest-de-minimis%23pinned/definition

en · translation · sha256:e175abb4f453c022c054d6767c44886f1790ab15b6fe6b159085314f4136cc6d

Article 9 – Accounting Earnings Before Interest, Taxes, Depreciation, and Amortisation (EBITDA) 1. For the purposes of the General Interest Deduction Limitation Rule, accounting earnings before the deduction of interest, tax, depreciation and amortisation (EBITDA) for a Tax Period shall be the greater of AED 0 (zero dirham) or the amount calculated as the Taxable Income in accordance with Article (20) of the Corporate Tax Law and any implementing decision issued thereunder, with the addition of all of the following: a. Net Interest Expenditure for the relevant Tax Period. b. Depreciation and amortisation expenditure taken into account in determining the Taxable Income for the relevant Tax Period. c. Any Interest income or expenditure relating to historical financial assets or liabilities held prior to 9 December 2022. 2. Interest income and Interest expenditure in relation to Qualifying Infrastructure Projects exempted under Article (14) of this Decision should be excluded when calculating the Taxable Person’s EBITDA for the purposes of the General Interest Deduction Limitation Rule. 3. In calculating EBITDA for the purposes of the General Interest Deduction Limitation Rule, any amount of income and expenditures attributable to the Interest capitalised by the Taxable Person in accordance with the Accounting Standards shall be included when the capitalised Interest is amortised over the useful life of the related asset, and not when the Interest is incurred.