Corporate Tax
Small Business Relief Forfeits Your Loss: AED 250,000 Example (UAE)
Electing the relief in a AED 250,000 loss year wipes the loss out; 2026 tax on AED 600,000 becomes AED 20,250 instead of AED 0.
small business relief forfeits losses example
A company makes a AED 250,000 tax loss in 2025 and elects small business relief, so the loss cannot be carried forward and 2025 tax is nil. In 2026 it earns AED 600,000 of taxable income with no loss to offset, and tax is 9% of AED 225,000, which is AED 20,250. Filing normally in 2025 would have preserved the loss, cut 2026 income to AED 350,000 and produced nil tax.
Basis: UAE Ministry of Finance
- Total tax across the timeline
- AED 20,250
- Articles 3 and 37, Federal Decree-Law No. 47 of 2022
- Loss offset cap
- 75% of taxable income per period
- Article 37, Federal Decree-Law No. 47 of 2022
- Carry-forward time limit
- None
- Article 37, Federal Decree-Law No. 47 of 2022
# The loss timeline
A new consultancy loses AED 250,000 in 2025 and is eligible for small business relief. The founder elects the relief thinking it is harmless in a loss year.
It is not harmless: a relief period cannot generate a carried-forward tax loss, so the AED 250,000 vanishes. In 2026 the firm earns AED 600,000 with nothing to shelter it.
2026 tax is therefore AED 20,250, where the normal route would have given AED 0. The election cost AED 20,250.
| Tax period | Income before relief (AED) | Loss offset (AED) | Income after relief (AED) | Tax (AED) | Loss carried forward (AED) |
|---|---|---|---|---|---|
| 2025 | 0 | 0 | 0 | 0 | 0 |
| 2026 | 600,000 | 0 | 600,000 | 20,250 | 0 |
# Year-by-year loss utilisation
2025: the relief deems taxable income nil, so no tax loss is recognised and nothing carries forward.
2026: with no loss available, taxable income stays AED 600,000 and tax is 9% of AED 225,000, which is AED 20,250. The normal route would have left AED 350,000 inside the 0% band.
For the complete rulebook behind these adjustments, see our guide to tax loss relief.
| Tax period | 75% of income (AED) | Loss available (AED) | Offset taken (AED) |
|---|---|---|---|
| 2026 | 450,000 | 0 | 0 |
# Step-by-step computation
Each step below carries its own arithmetic, so the full trail from the starting figure to the tax payable is visible.
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Tax period 2025
Income before relief AED 0. Loss available AED 0; 75% cap AED 0. Offset AED 0. Income after relief AED 0; tax AED 0. Loss carried forward AED 0. Relief elected: the AED 250,000 loss is forfeited and cannot be carried forward.
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Tax period 2026
Income before relief AED 600,000. Loss available AED 0; 75% cap AED 450,000. Offset AED 0. Income after relief AED 600,000; tax AED 20,250. Loss carried forward AED 0. No loss available; 9% on AED 225,000 above the threshold.
# The anatomy of a carried-forward loss
Article 37 lets a tax loss be carried forward indefinitely and offset against future taxable income, subject to a cap: no more than 75% of the period's taxable income before loss relief can be sheltered. The offset is mandatory to the fullest extent possible, the oldest losses are used first, and a company's own losses are used before any transferred group losses.
Losses are not immortal in every circumstance. They cannot arise before the corporate tax regime began or before the person became taxable, and losses from exempt activities do not qualify. A greater-than-50% ownership change restricts them unless the same shareholders keep 50% or the new owners carry on the same or a similar business.
The 75% cap is what stretches large losses over many years: with AED 3,000,000 of losses against AED 1,000,000 of profit, only AED 750,000 is absorbed and AED 2,250,000 carries on. The cap guarantees that profitable years always leave a taxable base of at least 25% in principle.
Loss relief is applied before the AED 375,000 threshold, which is then measured against the reduced taxable income. And electing small business relief in a loss year forfeits the loss entirely, because a deemed-nil period cannot produce a tax loss.
One more ordering rule matters: a company's own carried-forward losses are used before any losses transferred in from another group company. The pool has a strict seniority, oldest first within the company's own losses, then transferred losses, and the 75% cap applies to the total offset taken together.
Also note what cannot create a tax loss at all. Losses incurred before the corporate tax regime commenced, before the person became taxable, or from activities generating exempt income are simply outside the system. Only genuine taxable-business losses enter the carry-forward pool.
The background rules are set out in our guide to taxable income.
# Mistakes that move the answer
Offsetting less than the maximum to save losses for later is not allowed: the FTA guidance requires the fullest possible offset each year. Losses cannot be warehoused for a higher-tax future.
Applying the threshold before the loss relief is the second error. The order is fixed, losses first, and reversing it manufactures phantom tax.
Forgetting the ownership conditions after a takeover is the third. A share sale above 50% combined with a business change silently kills the loss pool, and the next profitable year's computation then has no shelter.
A fourth mistake is netting the loss against the threshold instead of against income. Losses reduce taxable income; the threshold is then applied to the reduced figure in full. The band itself is never consumed by losses.
Our guide to tax groups covers the underlying provisions in more depth.
# Reporting losses on the return
The tax return requires a loss schedule: each year's loss vintage, the offset taken in the current year, and the balance carried forward, in oldest-first order. The 75% cap computation is shown against taxable income before relief, so the reviewer can see the cap was respected.
Attach or retain the ownership history supporting the continuity conditions, especially where shares changed hands. A greater-than-50% change with a business change forfeits the pool, and the return position should reflect that before filing, not after an enquiry.
Where group relief is also used, the return must show the company's own maximum offset first and only then the transferred amount. The ordering is part of the claim's validity, so the workpapers should make the sequence explicit.
Finally, keep the loss schedule alive across adviser changes: it is the one workpaper every future computation depends on. A new preparer who cannot see each vintage's history will struggle to apply the 75% cap and the oldest-first ordering correctly.
# The answer at a glance
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.
| Figure | Value |
|---|---|
| Total tax across the timeline | AED 20,250 |
| Loss offset cap | 75% of taxable income per period |
| Carry-forward time limit | None |
Sources and legal basis
Legislation and decisions1
Authorities, systems and registers2
- UAE Federal Tax Authority
- UAE Ministry of Finance
Terms used1
- Small Business Relief
- Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses (consolidated English text)UAE Ministry of Finance
- UAE Federal Tax Authority: corporate tax guidance and clarificationsUAE Federal Tax Authority
Rates, thresholds and deadlines change. Every figure above is linked to the authority that publishes it — if the two ever disagree, the authority is right and this page is out of date. Tell us and we will fix it.
Frequently asked questions
Does the same forfeiture apply to disallowed interest?
Yes. Ministerial Decision No. 73 of 2023 also blocks the carry-forward of disallowed net interest expenditure from a relief period. Both tax assets are lost, not just losses. A relief year is therefore doubly expensive for leveraged loss-makers: both the loss and the interest asset disappear.
Can the 2025 election be undone after seeing 2026's profit?
No. The election stands for its period once the return is filed. This is why loss-year elections need a forecast: the decision is irrevocable for that year. Build a two-year forecast before electing in any year where a loss is possible, however remote it seems.
Can losses be carried back to earlier profitable years?
No. The UAE regime provides carry-forward only, with no carry-back. A loss can shelter future profits indefinitely but can never reopen a past period's tax bill. Planning should therefore focus on preserving losses for future profitable years rather than revisiting closed ones.
Do losses survive a merger or restructuring?
It depends on the relief used and the continuity conditions. Business restructuring relief can preserve the tax position where its conditions are met, but the 50% ownership and same-business tests still police the loss pool through the transaction.