The UAE Ministry of Finance (MoF) has enacted a pivotal Ministerial Decision, introducing new guidelines for tax depreciation in the UAE on investment properties held at fair value. The decision aims to align the treatment of investment properties with Federal Decree-Law No. (47) of 2022 on the Taxation of Corporations and Businesses, providing clarity and parity for property owners under the corporate tax regime. 

Tax Depreciation in the UAE for Fair Value Investment Properties: Key Highlights of the Decision 

1. Eligibility for Tax Depreciation: 
   Taxpayers who hold investment properties (excluding land) on a fair value basis, and who opt for the “realisation basis,” can now elect to deduct tax depreciation in the UAE from their taxable income. This deduction was previously only available to those using a historical cost basis. 

2. Calculation of Depreciation Deduction: 
   The annual tax depreciation allowance is set as the lower of: 

• The tax written down value of the investment property at the beginning of the Tax Period, or 

• 4% of the original cost of the investment property, 

• Calculated for each 12-month tax period, with pro-rata adjustments where applicable for partial periods. 

3. Application Across Timeframes: 
   The deduction is open to taxpayers who held investment properties before or after the introduction of corporate tax. This ensures inclusivity across different tax years, promoting continuity and fairness. 

Election Requirements and Process for Tax Depreciation in the UAE 

• Irrevocable Election Needed: 
  Taxpayers wanting to benefit from this provision must make an irrevocable election in their first tax period beginning on or after January 1, 2025, in which they hold investment property. This election will then apply to all investment properties held by the taxpayer going forward. 

• Realisation Basis Election Window: 
  Recognizing that the realisation basis is usually chosen at the start of a taxpayer’s interaction with the regime, the Decision provides an exceptional opportunity for those who have not yet opted in to do so during their initial relevant tax period. 

Tax Depreciation in the UAE for Fair Value Investment Properties: Clarity and Guidance for Property Transfers and Construction 

The Decision clarifies the precise value upon which tax depreciation in the UAE claims may be based, including scenarios where: 

• Investment property is transferred between related or unrelated (third) parties. 

• Future acquisitions of investment property not currently held by the taxpayer are also covered under the Decision. 

This explicit guidance helps ensure all taxpayers can accurately assess compliance obligations and fairly benefit from the regime. 

Ensuring Parity and Tax Neutrality 

With these changes, parity is established between: 

• Taxpayers who use historical cost and can already deduct accounting depreciation, and 

• Those using fair value accounting, who are now similarly permitted tax depreciation. 

This promotes the principles of tax neutrality and equity, ensuring a level playing field in line with international best practices in corporate taxation. 

Provisions for Claw-back and Compliance  

The new rules also define when a reversal of tax depreciation in the UAE might occur, including circumstances beyond the simple disposal of an investment property. This ensures taxpayers remain aware of potential liabilities and maintain sound records for compliance purposes. 

The Ministry’s commitment is clear: to foster an equitable and transparent tax climate in the UAE, offering certainty for investment property owners and enhancing the country’s appeal for both local and international investors.