Penalties & Disputes
Disputing 14% per annum Late Corporate Tax Payment Penalty: Reasonable excuse
How to dispute the 14% per annum penalty for late corporate tax payment under Cabinet Decision No. 75 of 2023: when circumstances beyond your control caused t
how to dispute late corporate tax payment penalty uae
You can dispute the 14% per annum penalty for late corporate tax payment by filing a reconsideration request with the FTA within 40 business days of notification under Article 29 of Federal Decree-Law No. 28 of 2022. This guide covers when circumstances beyond your control caused the violation. If reconsideration fails, you have 40 business days to object to the Tax Disputes Resolution Committee, whose decision takes 20 business days.
Basis: Federal Tax Authority, as published by the Ministry of Finance
- Late Corporate Tax Payment penalty
- 14% per annum
- Table item on failure to settle payable tax: 14% per annum, charged monthly for each month or part of a month from the day after the due date
- Reconsideration deadline
- 40 business days from notification
- Article 29(1), FDL 28/2022
# Reasonable excuse for a late corporate tax payment penalty
UAE penalty law does not contain a general 'reasonable excuse' defence by name, but in practice the FTA and the Committee weigh the circumstances behind late corporate tax payment. A reasonable excuse argument says: the violation happened, but it happened for reasons beyond your control despite reasonable care. It is a mitigation argument, not a denial — so it sits alongside, not instead of, your factual grounds.
Circumstances that carry weight include serious illness or death of the person responsible for compliance, a documented EmaraTax outage on the deadline, destruction of records by fire or flood, and reliance on written FTA guidance that turned out to be wrong. Circumstances that do not include being busy, changing accountants, or not knowing the law.
Proving it
An excuse without a document is a story. Hospital records, the FTA's own outage notices, insurance claims, and dated correspondence with your former agent turn narrative into evidence. Show what you did to comply despite the difficulty — partial compliance beats total inaction.
# Where reasonable excuse fits in the dispute
Raise reasonable excuse inside the reconsideration request as a secondary ground: primary grounds attack the assessment (the due date used in the computation is wrong (standard 9-month vs 20-business-day rule)), and the excuse explains any residual delay the primary grounds do not cover. At the TDRC, the same structure applies — committees are human, and a documented excuse can tip a borderline computation case.
If the excuse explains everything — say, the portal was down on the deadline and you filed the next morning — lead with the facts and keep the excuse short. If it explains little, do not let it crowd out stronger grounds.
# Filing with a reasonable-excuse argument
File the reconsideration within 40 business days of notification, attach the excuse evidence as its own tab, and keep the tone factual. The FTA decides in 40 business days and notifies in 5; refusal leads to the TDRC within 40 business days with tax paid in full.
If the deadline is close or the amount is large, get help before you file. Call +971 58 541 4616, message us on WhatsApp at https://wa.me/971585414616, email info@taxadvisors.ae, or use the contact form at /contact/.
| Stage | Your deadline | Authority deadline |
|---|---|---|
| Tax assessment review (Article 28) | 40 business days from notification of the assessment | FTA decides in 40 business days, notifies in 5 |
| Reconsideration (Article 29) | 40 business days from notification of the decision | FTA decides in 40 business days, notifies in 5 |
| TDRC objection (Article 32) | 40 business days from notification of the reconsideration decision; tax must be paid in full | Committee decides in 20 business days, notifies in 5 |
| Court appeal (Article 36) | 40 business days from notification of the Committee decision; 50% of penalties secured | Court timetable applies |
# How reviewers test a reasonable-excuse claim for late corporate tax payment
Reviewers apply a practical test to reasonable-excuse claims on late corporate tax payment penalties, and knowing it shapes the file. First, was the event genuinely outside your control — a hospital admission, a natural disaster, a documented portal outage — rather than a consequence of your own disorganization? Second, is there contemporaneous proof: a medical certificate dated during the default period, not a letter written months later? Third, did you act promptly once the obstacle lifted — the excuse explains the delay, it does not license indefinite inaction. Fourth, is this a pattern? A first default with a credible excuse reads very differently from the third default with a new story each time. The 14% per annum penalty is not excused by the excuse alone but by the excuse plus the proof plus the prompt correction. Frame the claim around those four points and the reviewer can follow your reasoning to 'yes'. Where the excuse involves a third party — a bank error, a portal outage, an agent's failure — get that party's written confirmation; your assertion about someone else's failure carries little weight without their corroboration.
Sources and legal basis
Legislation and decisions5
- Federal Decree-Law No. 28 of 2022 on Tax Procedures
- Federal Decree-Law No. 17 of 2025
- Cabinet Decision No. 74 of 2023 (Executive Regulation of the Tax Procedures Law)
- Cabinet Decision No. 75 of 2023
- Federal Decree-Law No. 47 of 2022 on Corporate Tax
Authorities, systems and registers2
- Federal Tax Authority (FTA)
- EmaraTax
Terms used1
- Tax Disputes Resolution Committee (TDRC)
- Federal Decree-Law No. 28 of 2022 on Tax Procedures and its amendments, consolidated 3 December 2025Federal Tax Authority, as published by the Ministry of Finance
- Reconsideration Request service card (fee, EmaraTax path, response time; page last updated 19 August 2026)Federal Tax Authority
- Cabinet Decision No. 75 of 2023 on administrative penalties for Corporate Tax violations (unofficial translation, as amended)Ministry of Finance (unofficial translation hosted by taxsummary.ae)
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
Is reasonable excuse a defence to a late corporate tax payment penalty in the UAE?
There is no statutory reasonable-excuse defence by name, but the FTA and the TDRC weigh circumstances in practice. Documented events beyond your control — serious illness, a proven portal outage, destroyed records — can mitigate a late corporate tax payment penalty. Raise it as a secondary ground inside the reconsideration request, with documentary proof, not as a standalone plea.
Does changing my accountant excuse a late corporate tax payment penalty?
On its own, no. The obligation sits with the taxable person, not the adviser. It only helps if you can show you gave timely, complete instructions and the failure was genuinely the agent's despite your diligence — and even then, frame it with evidence such as engagement letters and dated instructions.
Can I argue reasonable excuse at the TDRC?
Yes. The Committee looks at the whole file afresh, so a documented excuse omitted or underplayed at reconsideration can be developed in the objection. Remember the entry conditions: a prior reconsideration request and the connected tax paid in full, within 40 business days.