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Public Other countries Author: Ema Stamenković
The UAE's Cabinet Decision No. 129 of 2025 shifts to a compliance-focused tax penalty model, effective April 2026. Key changes include replacing punitive late payment penalties with a 14% annual non-compounding rate, reducing fixed penalties on FTA-discovered errors to 15%, and modifying voluntary disclosures to 1% monthly. Businesses must reassess tax strategies accordingly.
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Content accuracy validation date: 13.11.2025
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UAE introduces pro-taxpayer administrative penalty reform via Cabinet Decision No. 129 of 2025, effective 14 April 2026, shifting from punitive to compliance-focused model.

Main Changes:

  • Late payment penalty (Cl. 9, 14): Abolishes 2% initial + 4% monthly (max 300%); replaces with non-compounding 14% per annum (~167%/month) on unsettled amount from day after due date. Applies to unpaid tax and RCM errors.
  • Voluntary Disclosures (VD) (Cl. 11): Replaces yearly brackets (5–40%) with 1% per month on tax difference from original due date.
  • FTA-discovered errors (Cl. 12): Fixed penalty slashed from 50% to 15% + 1% monthly (was 4%) on tax difference.
  • Encourages rapid correction and lowers non-compliance risk.

Businesses must immediately review tax strategies and provisions.

Table: Old vs. New Penalties (AED):

Issue / Clause Old (CD 49/2021) New (CD 129/2025) Difference

(Table 1, Cl. 1) Failure to keep records

10,000 (first); 20,000 (repeat)

1,000 per violation; 20,000 if repeated within 24 months

First: 10k → 1k per; Repeat clarified (24 months)

(Table 1, Cl. 2) Failure to submit records in Arabic

20,000

5,000

Reduced 75%

(Table 1, Cl. 5) Failure to inform of amendment need

5,000 (first); 10,000 (repeat)

1,000 per violation; 5,000 if repeated within 24 months

First: 5k → 1k; Repeat: 10k → 5k + 24-month rule

(Table 1, Cl. 6) Legal rep fails to inform of appointment 10,000

1,000

Reduced 90%

(Table 1, Cl. 9) Failure to pay tax 2% day after due; +4% monthly on unsettled

14% p.a. per month/part on unsettled from day after due

Entire model replaced

(Table 1, Cl. 10) Incorrect Tax Return (Fixed) 1,000 (first), 2,000 (repeat); or tax diff if < penalty (min 500)

Flat 500; No penalty if VD with zero tax diff

Flat 500; New safe harbor for non-tax VDs

(Table 1, Cl. 11) VD 5% (Yr1), 10% (Yr2), 20% (Yr3), 30% (Yr4), 40% (after)

1% per month/part from due date to VD

Yearly → monthly accrual

(Table 1, Cl. 12) No VD before audit 50% + 4%/month on unpaid from due to assessment

15% + 1%/month on tax diff from due to VD/assessment

50% → 15%; 4% → 1% monthly

(Table 1, Cl. 14) RCM tax miscalculation

Same as Cl. 9

14% p.a. per month/part

Same as Cl. 9 change

PDF Cabinet Decision No. 40 of 2017 and its Amendments: https://mof.gov.ae/wp-content/uploads/2025/11/Cabinet-Decision-No.-40-of-2017-and-its-amendments.pdf

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