All the entities which are holding a trade license in the UAE (particularly the free zone and offshore entities) are required to notify their concerned Regulatory Authorities regardless if they are carrying out the Relevant Activities within the UAE or not. Aside from notifying the Relevant Activities to the Regulatory Authority, providing the information with reference to the Licensee also serves as the main purpose of the ESR Notification. All the information provided in the ESR Notification is highly required in filing the Economic Substance Report for the same period.
As per the Article 4.4 of Ministerial Decision 100, all the Notifications must be filed within six months from the Licensees financial year-end. Those Licensees which already submitted directly a ESR Notification to their Regulatory Authorities are required to re-submit this Notification on the Ministry of Finance Portal.
As per the Article 8.4 of Decision 57, all ESR Reports must be submitted within 12 months from the end of their financial year.
In accordance with Article 6.7 of Ministerial Decision 100, all Economic Substance Notifications and Economic Substance Reports shall only be submitted electronically on the Ministry of Finance Portal. The Ministry of Finance Portal has started its launching last 1st of December and will be extended until 31st of December 2020.
The Licensees and/or Exempted Licensees must commence filing on the Ministry of Finance portal on the above-mentioned period to avoid the penalties.
The penalties for failure to submit the ESR notification & report within the ESR deadline are as follows:
Under Article 13 of Decision 57, Licensees and/or Exempted Licensees that fail to submit their Notification along with the required supporting documents by 31 December 2020 will be subjected to a penalty of AED 20,000.
Under Article 13 of Decision 57, Licensees and/or Exempted Licensees that fail to resubmit their Notification by the aforementioned date will be subjected to a penalty of AED 20,000.
Under Article 14 of Decision 57, Licensees and/or Exempted Licensees (where applicable) that fail to submit their Economic Substance Report within the aforementioned period will be subjected to a penalty of AED 50,000.
How AMCA can help you?
To check the eligibility of your company with the Economic Substance Requirements, and to assess whether your company falls under the Economic Substance Regulations or not, AMCA provides an Economic Substance Testing Service. Undeniably, the penalties for not complying with the Economic Substance Filing of Notification and Reports may result to 20,000 AED – 50,000 AED, and AMCA can help you to avoid them.
The Economic Substance will serve as a preliminary assessment to check the applicability of the regulations on Licensee based on the information provided by the licensee.