FTA Reconsideration UAE: How to Challenge an FTA Decision

FTA Reconsideration UAE How to Challenge an FTA Decision

Quick Answer: An FTA reconsideration request is the first formal step to challenge an FTA decision in the UAE, such as an administrative penalty, a tax assessment or a rejected refund or registration. It is submitted on EmaraTax within 40 business days of being notified of the decision. It is free of charge and must be supported by factual and legal grounds with documentary evidence. The FTA may take up to 45 business days to decide, and can extend this. If the outcome is unfavourable, or the FTA does not respond in time, the next step is an objection to the Tax Disputes Resolution Committee (TDRC), followed by the federal courts for larger disputes.

Receiving a penalty notice or a tax assessment from the Federal Tax Authority can feel final. It is not. UAE tax law gives every taxpayer a structured right to ask the FTA to review its own decision, and many penalties are reduced or cancelled at this stage when the taxpayer presents a clear, well-documented case.

This guide explains the FTA reconsideration process step by step: which decisions can be challenged, the deadlines that apply, how to prepare strong grounds, how to file an EmaraTax reconsideration, and what to do if the FTA does not accept your request.

FTA Reconsideration UAE: Key Numbers at a Glance

FigureWhat it means
40 business daysDeadline to submit a reconsideration request after being notified of the FTA decision
45 business daysTime the FTA may take to decide on a complete request (extendable)
AED 0Fee for submitting a reconsideration request
40 business daysDeadline to object to the Tax Disputes Resolution Committee after the reconsideration decision
20 + 20 business daysTDRC decision period, extendable once
AED 100,000Disputes at or below this amount end at the TDRC; above it, a court appeal is possible
5 MBMaximum size per supporting document on EmaraTax

What Is an FTA Reconsideration Request?

An FTA reconsideration request is a formal application asking the Federal Tax Authority to review and change a decision it has issued to you. It is governed by the Tax Procedures Law (Federal Decree-Law No. 28 of 2022, as amended) and applies across UAE taxes, including Corporate Tax, VAT and Excise Tax.

It is the mandatory first stage of any UAE tax dispute. You cannot go directly to the Tax Disputes Resolution Committee or the courts without first asking the FTA to reconsider.

Reconsideration is not the same as a voluntary disclosure. A voluntary disclosure corrects your own tax return. A reconsideration request challenges a decision the FTA has made about you.

Which FTA Decisions Can Be Challenged?

Only official FTA decisions that concern you can be reconsidered. General inquiries, complaints and clarification requests are handled through other channels.

Can be reconsideredCannot be reconsidered through this route
Administrative penalties (late registration, late filing, late payment, record-keeping)General inquiries or complaints
Tax assessments issued after an FTA auditRequests for clarification on how the law applies
Rejection of a refund applicationErrors in your own return (use a voluntary disclosure instead)
Rejection or cancellation of tax registration or deregistrationDecisions that do not relate to you
Decisions on tax group applications
Other formal FTA decisions affecting your tax position

Reconsideration vs Other Options: Which Route Fits Your Case?

RouteUse it whenDecided byTypical timeframe
Voluntary disclosureYou found an error in your own returnFTAProcessed after submission
Reconsideration requestYou disagree with an FTA decision, assessment or penaltyFTAUp to 45 business days (extendable)
Penalty waiver or instalment requestYou accept the penalty is valid but want it waived or paid in instalmentsFTA CommitteeUp to 110 business days
TDRC objectionReconsideration was rejected or not answered in timeTax Disputes Resolution Committee20 business days, extendable by 20
Court appealThe TDRC decision is unfavourable and the amount exceeds AED 100,000Federal courtsOften 12 to 24 months through all stages

Strategic point: A reconsideration argues that the decision is wrong. A penalty waiver request accepts that the penalty applies but asks for relief, under Cabinet Decision No. 105 of 2021. Choosing the right route matters, and in some cases both can be relevant.

FTA Reconsideration Deadline: The 40 Business Day Rule

The single most important rule: submit your FTA reconsideration request within 40 business days of being notified of the decision.

  • The clock starts from the date of notification, usually when the decision appears on EmaraTax or is emailed.
  • Business days exclude weekends and official UAE public holidays.
  • If you genuinely cannot meet the deadline, you may request an extension under FTA Decision No. 1 of 2025. Extensions are assessed against set conditions and are not automatic.
  • If you have a tax assessment review request pending, you must wait for that decision, or for its deadline to pass, before filing a reconsideration on the same matter.

Missed the deadline? If no extension is granted, the decision generally becomes final, and you lose the right to escalate to the TDRC. Put the deadline in your calendar the day the decision arrives.

Visual: Full UAE tax dispute timeline

StageDeadline / timeframe
1. FTA decision issuedDay 0: notification date
2. Submit reconsideration requestWithin 40 business days
3. FTA reviews and decidesUp to 45 business days (extendable)
4. Object to the TDRCWithin 40 business days of the reconsideration decision (or of the FTA’s deadline passing without a decision)
5. TDRC decides20 business days, extendable by a further 20
6. Appeal to the Federal Court of First InstanceWithin 20 business days of the TDRC decision (only where the amount exceeds AED 100,000)
7. Further appealsFederal Court of Appeal, then the Federal Supreme Court

Strong Grounds for an FTA Reconsideration Request

The FTA reviews requests on their merits and evidence. A request that simply says a penalty is “unfair” rarely succeeds. Stronger grounds include:

GroundExampleEvidence that helps
Factual error by the FTAPenalty raised for a period when the business was already deregisteredDeregistration approval, licence cancellation documents
Incorrect application of the lawCorporate Tax charged on income that qualifies as exempt, or VAT at 5% on a zero-rated exportContracts, export documents, legal references
Wrong amount or periodPenalty calculated on the wrong tax period or wrong tax differenceFiled returns, payment confirmations, ledgers
Compliance was actually metReturn or payment made on time but not recorded correctlyEmaraTax submission receipts, bank transfer proof
Circumstances beyond your controlDocumented system outage or serious emergency preventing timely complianceScreenshots, official notices, medical or incident records
Procedural irregularityRequired notifications not issued correctlyCorrespondence history, notification records

Weak grounds to avoid: “We were busy,” “our accountant left,” “we did not know the rule” or “the penalty is too high” without a legal basis. These rarely persuade the FTA.

How to File an EmaraTax Reconsideration: Step by Step

  1. Read the decision carefully. Note the decision reference number, the tax type, the period, the amount and the notification date.
  2. Calculate your deadline. Count 40 business days from the notification date.
  3. Identify your grounds. Decide whether the issue is factual, legal, procedural or circumstantial. Your request should rest on one or more clear grounds.
  4. Gather evidence. Collect returns, receipts, contracts, invoices, bank statements, correspondence and legal references.
  5. Draft your request. Explain what decision you are challenging, why it is incorrect and what outcome you are asking for. The FTA generally requires the request itself to be written in Arabic. Supporting documents may be in English.
  6. Log in to EmaraTax. Open the relevant Taxable Person profile, go to Other Services, then Reconsiderations, then New Request.
  7. Complete the form and upload documents. Accepted formats include PDF, Word, Excel, JPG and PNG, with a 5 MB limit per file.
  8. Submit and save the confirmation. Keep the reference number and monitor EmaraTax and email for FTA queries or the decision.

Who can submit: the taxpayer itself, a registered Tax Agent, a legal representative or, for a tax group, the representative member. Tax advisers who are not registered as Tax Agents cannot submit on a client’s behalf.

What Documents Support a Reconsideration Request?

DocumentPurpose
Copy of the FTA decisionIdentifies exactly what is being challenged
Written grounds (in Arabic)Sets out the factual and legal argument
Tax returns and EmaraTax receiptsProves what was filed and when
Payment confirmationsProves tax or penalties were paid on time
Contracts, invoices and export documentsSupports the correct tax treatment of transactions
Financial statements and ledgersSupports corrected figures
Correspondence with the FTAShows communication history and notifications
Evidence of exceptional circumstancesSupports claims of events beyond your control
Tax advice receivedThe FTA asks for any relevant tax advice obtained

Reliable books make every dispute easier to win. Professional accounting and bookkeeping ensures the evidence exists when you need it.

What Happens After You Submit?

The FTA can reach one of three outcomes:

OutcomeWhat it meansYour next step
AcceptedThe decision is cancelled or amended in fullCheck that EmaraTax balances are updated
Partially acceptedThe penalty or assessment is reducedDecide whether to accept the reduced amount or escalate to the TDRC
RejectedThe original decision standsConsider a TDRC objection within 40 business days

What if the FTA does not respond to your reconsideration?

If the FTA does not issue a decision within its response period, including any extension, your request can be treated as rejected. You can then object to the TDRC within 40 business days of the date the FTA’s deadline expired.

Escalating a UAE Tax Dispute: The Tax Disputes Resolution Committee

If reconsideration does not resolve the matter, the next stage is the Tax Disputes Resolution Committee (TDRC).

  • Who sits on it: A TDRC is chaired by a judge and includes tax experts. It operates under the judicial system, independently of the FTA.
  • Deadline: File the objection within 40 business days of the reconsideration decision.
  • Payment condition: The disputed tax and penalties must generally be paid before the TDRC will accept the objection. If you succeed, the amounts are refunded.
  • Decision period: The TDRC decides within 20 business days, extendable by a further 20 business days.
  • Finality: If the disputed amount is AED 100,000 or less, the TDRC decision is final.

Appealing to the UAE Courts

Where the disputed amount exceeds AED 100,000, a TDRC decision can be appealed to the Federal Court of First Instance, generally within 20 business days. Further appeals can go to the Federal Court of Appeal and then the Federal Supreme Court, whose decision is final. Court proceedings can take 12 to 24 months in total, so they are generally only practical for high-value disputes.

Penalty Waiver and Instalments: An Alternative to Reconsideration

Sometimes a penalty is legally correct, but paying it in full immediately is difficult, or there are strong grounds for relief. In that case, the FTA’s separate penalty waiver and instalment service may be more suitable:

FeaturePenalty waiver / instalment request
Legal basisCabinet Decision No. 105 of 2021
Who decidesFTA committee
FeeFree
Decision timeUp to 110 business days
Instalment eligibilityUnsettled penalties of at least AED 50,000; no outstanding payable tax for the period
Undertakings requiredTo pay as agreed, and that the violation has been corrected and will not be repeated

An objection through reconsideration does not prevent a penalty from later qualifying for an instalment plan.

Common Mistakes in FTA Reconsideration Requests

  1. Missing the 40 business day deadline. This is the most common and most costly mistake.
  2. Arguing fairness instead of law and facts. Emotional arguments without legal grounds rarely succeed.
  3. No supporting evidence. Claims without documents are easy to reject.
  4. Using the wrong route. Correcting your own return requires a voluntary disclosure, not a reconsideration.
  5. Not fixing the underlying problem. The FTA expects the compliance failure behind a penalty to be corrected.
  6. Ignoring partial acceptance options. A partial win may be the commercially sensible outcome.
  7. Not preparing for the TDRC payment condition. Escalation usually requires paying the disputed amounts first.

FTA Reconsideration Checklist

StepDone?
FTA decision reference and notification date recorded☐
40 business day deadline calculated and diarised☐
Grounds identified (factual, legal, procedural or circumstantial)☐
Supporting documents collected and under 5 MB each☐
Request drafted in Arabic☐
Filed on EmaraTax by an authorised person☐
Confirmation number saved☐
Underlying compliance issue corrected☐
Escalation plan (TDRC or waiver) considered☐

How SmartBiz Helps With FTA Penalties and Disputes

Most FTA penalties come from avoidable compliance gaps: late registration, late filing or weak records. SmartBiz helps UAE businesses prevent them and respond when they happen:

Received an FTA penalty or assessment you disagree with?
SmartBiz helps you review the decision, assess your grounds and prepare a well-documented reconsideration request before the deadline. Book a Consultation

Frequently Asked Questions

What is an FTA reconsideration request in the UAE?

It is a formal request asking the Federal Tax Authority to review and change a decision it has issued to you, such as a penalty, tax assessment or refund rejection. It is submitted through EmaraTax and is the first step in any UAE tax dispute.

What is the deadline for an FTA reconsideration request?

You must submit the request within 40 business days of being notified of the FTA decision. An extension may be requested under FTA Decision No. 1 of 2025, but it is not automatic.

Is there a fee for an FTA reconsideration request?

No. Submitting a reconsideration request through EmaraTax is free of charge.

How long does the FTA take to decide a reconsideration request?

The FTA may take up to 45 business days from receipt of a complete request, and this period can be extended.

What happens if the FTA does not respond to my reconsideration request?

If the FTA does not decide within its response period, the request can be treated as rejected. You can then object to the Tax Disputes Resolution Committee within 40 business days.

Do I need to pay the penalty before filing a reconsideration request?

No. Payment is not required to file a reconsideration request. However, disputed taxes and penalties generally must be paid before an objection is accepted by the Tax Disputes Resolution Committee.

Can I go to court against an FTA decision?

Yes, but only after reconsideration and a TDRC objection, and only where the disputed amount exceeds AED 100,000. Disputes of AED 100,000 or less end with the TDRC decision.

What is the difference between reconsideration and a penalty waiver request?

A reconsideration argues that the FTA’s decision is wrong. A penalty waiver or instalment request accepts that the penalty applies but asks for relief or a payment plan.

Sources and Legal References

  • Federal Decree-Law No. 28 of 2022 on Tax Procedures, as amended by Federal Decree-Law No. 17 of 2025
  • FTA Decision No. 1 of 2025 on extension of the reconsideration deadline
  • Cabinet Decision No. 105 of 2021 on instalment and waiver of administrative penalties
  • Cabinet Decision No. 75 of 2023 on Corporate Tax administrative penalties
  • Federal Tax Authority: Reconsideration Request service and Penalty Waiver and Instalment service, tax.gov.ae

Disclaimer: This article provides general information based on UAE tax legislation and FTA guidance available at the time of writing. It is not legal or tax advice. Dispute procedures, deadlines and thresholds can change, so confirm your specific position with a qualified tax adviser or registered Tax Agent before acting.

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