Value-Added Tax Law

Article 74 — Article (74) Excess Refundable Tax

Part Eight: Tax Period, Tax Returns, Tax Payment and Refund of Tax · Chapter Three: Carrying forward the Excess of Refundable Tax and Tax Refund

1. Notwithstanding the provisions of the Executive Regulations of this Decree-Law, the taxable person shall carry forward any excess of the refundable tax to the subsequent tax periods and offset such excess against the payable tax or any administrative fines imposed pursuant to the provisions of this Decree-Law or Federal Law No. (7) of 2017 on Tax Procedures in the subsequent tax periods until such excess is fully utilized, in the following cases: a. If the refundable input tax of the taxable person, pursuant to this Decree-Law, exceeds the payable output tax for the same tax period. b. If the tax paid by the taxable person to the Authority exceeds the payable tax in accordance with the provisions of this Decree-Law, other than the case referred to in paragraph (a) of Clause (1) of this Article. 2. If there is any excess for any tax period after being carried forward for a period of time, the taxable person may submit to the Authority an application for requesting the refund of such excess. The Executive Regulations of this Decree-Law shall determine the time limits, procedures and mechanisms of returning any remaining excess to the taxable person. 3. If no application is submitted to refund the surplus after offsetting, the surplus shall be carried forward to subsequent tax periods for a period not exceeding five (5) years from the end of the tax period in which it arose. If no refund application is submitted for the surplus, or if it is not used to settle any tax liabilities before the expiry of such period, the right to claim it shall lapse, and it may not be used to settle any tax liabilities.

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