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PB First Tax and Advisory Expands Its Tax Litigation Practice

by Rob Emery | 9 Oct 2023 | Meet The Team

PB First Global is building the firm with its’ Tax Litigation Expansion The Federal Tax Authority continues to increase its vigilance in enforcing the UAE’s tax laws. With corporate taxation now in place, taxpayers must ensure full compliance. When disagreements...

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Dr Alicja Reuben, Transfer Pricing Lead at PB Firs Dr Alicja Reuben, Transfer Pricing Lead at PB First Global Tax FZ LLC, on assignment in Doha, Qatar.
What does “wholly and exclusively for the purpose What does “wholly and exclusively for the purpose of the Taxable Person’s Business” mean?Without being “wholly and exclusively”, deductions aren’t available in the UAESection 28 of the UAE Corporate Tax law prescribes that to be deductible in the UAE, “Expenditure incurred wholly and exclusively for the purposes of the Taxable Person’s Business that is not capital in nature shall be deductible in the Tax Period in which it is incurred”. This adopts the UK’s use of the words “wholly and exclusively” and Australia’s use of the word “incurred”. If we want to know what these actually mean, we need to identify and obtain guidance in the FTA, but then focus on guidance and precedent in the UK and in Australia.We can begin to understand the complexities by considering the deductibility of legal expenses, which would have been incurred by the employer in a recent Dubai Court of First Instance Case No. 309 of 2025 when defending its position. That case considered whether an employee or an employer was liable to pay a fine imposed by the FTA on a company for late registering for corporate income tax and the impact of that action on unpaid employment benefits.Framing the Background to the caseIn case No. 309, the employee sued the employer for various entitlements, including gratuity, unpaid salary, and wrongful dismissal compensation. The employer counterclaimed, asserting the employee’s negligence led to a penalty of AED 10,000 from the FTA for the company’s delayed corporate tax registration.The employee was working in the employer’s accounts department, and the employer stated that the employee’s failure to complete the tax registration on time caused the company material damage.READ THE FULL ARTICLE HERE ...https://pbfirstglobaltax.com/wholly-and-exclusively/#PBFirstGloablTax #GlobalTax #Tax #Taxlaw #taxterminology #taxadviceuae
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