Related-Party Loan Interest: 9% Charged vs 6% Arm's Length (UAE)

Emirates Link Industries LLC borrowed AED 20,000,000 from its foreign parent at 9% interest to fund a plant expansion, paying AED 1,800,000 for the year.

A credit analysis shows the company could borrow comparable funds from a bank at around 6%, or AED 1,200,000. Article 34 requires the related-party interest to reflect that arm's length rate.

The AED 600,000 excess is added back, taking taxable income to AED 3,600,000 and tax to AED 290,250. The specific interest limitation in Article 31 would also need checking on these facts.

The arm's length rate of 6% is supported by the company's standalone credit profile and comparable bank pricing. Interest at 9% exceeds it by AED 600,000, which is added back.

The AED 1,200,000 at the arm's length rate stays deductible, subject separately to the general interest limitation rule if the de minimis is breached.

For the complete rulebook behind these adjustments, see our guide to connected person payments.

Each step below carries its own arithmetic, so the full trail from the starting figure to the tax payable is visible.

Article 34 requires transactions between related parties to reflect the arm's length result: the price independent parties would have agreed. Where the actual price differs, the computation is adjusted to the arm's length figure, as every example on this page demonstrates.

Related parties are defined in Article 35 through ownership or control, while Article 36 separately caps deductions for payments to connected persons, such as owners and directors, at market value. A transaction can therefore be tested under either article depending on who sits on the other side.

Finding the arm's length price means benchmarking: comparable uncontrolled prices for goods, comparable borrowing costs for loans, salary surveys for connected-person pay, and market rents for property. The method follows the nature of the transaction.

For services, the benefit test comes before pricing: shareholder activities that do not benefit the UAE company cannot be charged at any price. Documentation made at the time, agreements, time records and benchmarking studies, is what survives an enquiry.

The corresponding-adjustment question often follows: if the UAE company adds back AED 400,000, does the foreign parent get relief? Not automatically. Each jurisdiction applies its own rules, and double taxation from transfer pricing adjustments is resolved through the treaty mutual agreement procedure, which is slow and uncertain. Getting the price right upfront beats fixing it later.

Note also that transfer pricing adjustments can interact with customs values, VAT and withholding tax. An uplifted service fee might change the withholding analysis, and an adjusted goods price sits beside a separate customs valuation. The corporate tax adjustment does not rewrite the other regimes.

The background rules are set out in our guide to deductible expenses.

Adjusting the whole payment instead of the excess is the classic error. Article 34 corrects the price to arm's length; the arm's length portion stays deductible. Only the AED 400,000 excess goes back, not the AED 1,200,000 fee.

Using the contract price as proof of market value is the second. Between related parties the contract price is exactly what the rule distrusts; independent evidence is required.

Forgetting that an adjustment can create taxable profit from an accounting loss is the third. Transfer pricing corrections change taxable income, and with it the availability of tax losses to carry forward.

A fourth mistake is benchmarking the wrong thing: comparing the related-party price with another related-party price instead of with independent comparables. Only uncontrolled transactions evidence arm's length pricing.

Our guide to taxable income covers the underlying provisions in more depth.

The return identifies related-party transactions and the transfer pricing positions taken. The adjustment itself appears in the tax reconciliation, but the real defence is the documentation file: the functional analysis, the method selection, the comparables and the arm's length range.

Prepare the documentation contemporaneously, when the transactions happen and the evidence is fresh. Benchmarking studies built years later under enquiry pressure are weaker and far more expensive than annual updates.

For services, keep the benefit evidence alongside the pricing: time records, deliverables and correspondence showing what the UAE company actually received. Without benefit evidence, even a well-priced fee can fail.

Finally, update the benchmarking at least every three years and sooner if margins or functions change. Stale comparables are the first thing an enquiry attacks, and a refresh is far cheaper than defending an outdated range.

This page works one computation end to end: the scenario sets out the starting figures, the adjustments section applies each tax correction with its article reference, and the step-by-step section shows every line of arithmetic. The key figures are collected here for quick reference.

Use this page as a template by replacing the scenario's numbers with your own while keeping the same adjustment logic: the method, the article references and the order of operations transfer directly to any similar computation.

When you adapt the template, re-check each adjustment against the current facts rather than copying the amounts. A fine that was non-deductible here might be breach-of-contract compensation there; entertainment is always halved but only genuine client entertainment belongs in that line; and exempt income must meet its article's conditions in your period, not just resemble last year's.

Pay particular attention to the order of operations when you reuse the method. Adjustments come first to reach taxable income, then loss relief and the interest limitation apply to that figure, and only then do the 0% and 9% rate bands divide it. Reordering these layers is the fastest way to turn a right method into a wrong answer.

Finally, keep the evidence behind every figure you substitute. The FTA tests computations from the documents outward: invoices behind expenses, dividend vouchers behind exempt income, valuations behind market-value adjustments, and assessments behind foreign tax credits. A template with good numbers and no evidence is only half a return.

Double-check the 75% cap arithmetic whenever losses are involved: the cap is 75% of taxable income before loss relief, not after, and it is tested separately for each period. A cap computed on the wrong base either wastes losses or claims too much, and both errors compound across years.

Continue with these worked examples: worked example: related-party goods pricing adjustment, worked example: connected person salary adjustment, and worked example: related-party rental adjustment. For the underlying rules, see our guides to connected person payments, deductible expenses and taxable income.