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 Country-by-Country Reporting in UAE(CbCR) regulation, large Multinational Groups of Enterprises (MNEs) in the UAE have to file a CbC report to the Competent Authorities at the end of every Financial year. 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 MNE Group where MNE carries out its activities.

Is Country by Country Reporting (CbCR ) applicable for you?

As per Cabinet Resolution No 44 of 2020, Country by Country Reporting in UAE (CbCR) requirements will be applicable to you if the following two conditions are met:

1. if your entity is the Ultimate Parent Company of the MNE Group in the UAE, and,
2. if the consolidated revenue of the MNE is equal to or more than AED 3.15 billion in the preceding financial year.

Is there any deadline to comply with the Country by Country Reporting in UAE (CbCR) regulation?

UAE entities to whom the Regulation is applicable need to comply with Notification & Reporting as below:

Applicability of CbCR Notification

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;

1. If the financial year of MNE Group is 1st January 2019 to 31st December 2019, then the last date for submitting CbCR Notification is 31st December 2019.
2. If the financial year of MNE Group is 1st April 2019 to 31st March 2020, then the last date for submitting CbCR Notification is 31st March 2020.

Penalty

If 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/-).

Applicability of CbC(Country by Country Reporting) Reporting

It is applicable 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;

1. If the financial year of MNE Group is 1st January 2019 to 31st December 2019, then the last date for submitting CbCR is 31st December 2020.
2. If the financial year of MNE Group is 1st April 2019 to 31st March 2020, then the last date for submitting CbCR is 31st March 2021.

Contents of Reports

The report shall include the following elements:

1. Aggregate information related to the amount of revenue, profits (losses) before income tax, income tax paid, income tax accrued, stated capital, accumulated earnings, number of employees, non-monetary or cash equivalent tangible assets in respect of each country in which the MNE Group carries out its activities;
2. An identification of each Constituent Company of the MNE Group indicating the jurisdiction of tax residence of such Constituent Company, and, where different from such jurisdiction of tax residence, the jurisdiction under the laws of which such Constituent Company is established, and the nature of the main business activity or activities for each such Companies.

Penalty

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.

Other Penalties:

In case where 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 a maximum of Five Hundred thousand (AED 500,000) shall be imposed in case of providing inaccurate or incomplete information by the Reporting Entity.