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How long can tax losses be carried forward in UAE? | HelloBooks UAE tax losses carry forward with no expiry, but only offset 75% of taxable income and can be lost on ownership changes or under small business relief.

Blog · UAE corporate tax

How long can tax losses be carried forward in UAE, and what can cancel them?

A tax loss is an asset. At 9%, a AED 1 million loss can save up to AED 90,000 of future tax. The UAE rules let you keep that asset for a long time, but they cap how fast you can use it and they can take it away if ownership changes or if you elect small business relief. Owners of start-ups and turnaround businesses should understand the conditions before making decisions that quietly destroy the loss.

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The basic rule in Article 37

A tax loss can be carried forward and set against taxable income of later tax periods. The law does not put an expiry date on the carry-forward, provided the continuity conditions are met. The limit is on speed: in any one period, losses can reduce taxable income by no more than 75% of the taxable income before loss relief.

So even a company with large losses brought forward will usually pay some tax once it becomes profitable. The 25% that remains taxable is still subject to the 0% band on the first AED 375,000.

Two worked examples

Example one: a Dubai e-commerce company made a tax loss of AED 1,000,000 in 2025. In 2026 its taxable income before relief is AED 900,000. The cap is 75% of AED 900,000, so AED 675,000 of the loss is used. Taxable income is AED 225,000, inside the 0% band, so no tax is due. AED 325,000 of loss carries on to 2027.

Example two: in 2027 the same company earns AED 2,000,000 before relief. The cap is AED 1,500,000, more than the AED 325,000 remaining, so the whole balance is used. Taxable income is AED 1,675,000 and tax is 9% of AED 1,300,000, or AED 117,000.

Losses that cannot be used at all

Article 37 excludes losses incurred before corporate tax took effect or before the person became a taxable person, and losses from assets or activities whose income is exempt or not taken into account. A loss on an investment whose dividends would be exempt does not create a usable tax loss.

Small business relief has its own rule. Under Ministerial Decision No. 73 of 2023, a loss made in a period where you elect the relief cannot be carried forward to any later period. That catches many start-ups that elect relief by default in their first, loss-making year.

Ownership changes

Article 39 allows losses to be carried forward only if the same person or persons continuously owned at least 50% of the business from the start of the loss period to the end of the period in which the loss is used. If ownership changes by more than that, the losses can still survive if the business continues the same or a similar activity.

This matters when you raise funding or sell a stake. A founder-owned Abu Dhabi software company with AED 2 million of losses that sells 60% to an investor needs to check whether the business continuity test will be met, or the losses may go. Listed companies are outside this restriction.

Moving losses within a group

Article 38 allows a tax loss to be transferred from one company to another where there is at least 75% common ownership and other conditions are met, including that both are resident and neither is exempt or a qualifying free zone person. The receiving company can use it subject to the same 75% cap.

Within a tax group, which needs 95% ownership, the group is taxed as one person, so one member's losses offset another's profits automatically. Losses a company brought into the group from before joining follow specific rules; take advice before relying on them.

Tracking losses year by year

Keep a loss schedule: the year the loss arose, the amount, how much has been used each year, and the ownership position at each year end. Without it, you will be reconstructing the history from old returns when the FTA asks.

HelloBooks prepares the yearly corporate tax computation from your ledger, and you can keep the loss schedule alongside it in the same file. Ask 'how much tax loss do we have left from 2025?' and the AI agent answers from the schedule your accountant maintains. Your accountant confirms the continuity tests and the relief claimed in each return. Firms can ask for a loss tracker built to their template through /book-a-demo.

FAQ

Frequently asked questions

Do UAE tax losses expire?
The Corporate Tax Law sets no time limit on carrying losses forward, as long as the ownership or business continuity conditions in Article 39 are met.
Can I carry a loss back to an earlier year?
No. The UAE rules only allow losses to be carried forward against future taxable income.
Should a loss-making start-up elect small business relief?
Often not. A loss in a relief year cannot be carried forward, so electing can forfeit a valuable loss. Model future profits with your tax agent before deciding.
Does the 75% cap apply to transferred losses too?
Yes. A company using a loss transferred from a group company is subject to the same 75% limit on the taxable income it can offset in a period.

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