Right of Appeal Against an Administrative Penalty

You need to know what to do next after being exposed to the ESR penalties. You should be aware of the core reasons behind it. So, you can make the best possible solution to resolve it. Now, there are some specific cases like you did not commit a violation for which you are supposed to charge or sanction exceeding the prescribed penalty border.   

Also, there is the possibility that the administrative penalty inflicted is not proportional to the offense committed. In these cases, you can complain about the decision regarding economic substance regulations penalties. Licensees and exempted licensees have the right to appeal against an administrative penalty that they receive through an ESR penalty email. Now the question arises to whom do you have to appeal against the ESR penalty? Federal Tax Authority is responsible for listening to the queries of the licensee and exempted licensee. 

Steps to File ESR Appeal

The following steps guide you through the process of filing an appeal;

  1. First of all, sign up on the Ministry of Finance’s (MOF) official website to register yourself. Otherwise, you cannot get access. After creating an account and simple verification, login into the MOF portal. It’s important to know that you cannot appeal all administrative penalties collectively. You have to submit an appeal for every sanction singularly. 
  1. After logging in, you will see an option of File Appeal. Simply click on it to relinquish an appeal request. The system will display the due date of the submitting appeal request. Also, payment of sanction will be shown there too. You have 40 days onward from the imposition of the penalty to request an appeal if you perceive the error. When an appeal request is made, the estimation of the ultimate payment deadline for the sanction is halted; if the appeal request is denied or revoked, the estimation will restart.
  1. In the next step, the applicant must include a brief justification for making the appeal request on the appeal request page and attach any necessary supporting data containing relevant documents.
  1. Now, in the finalizing steps click on “Next”. Review your application thoroughly before final submission. After evaluating the explanation and any attachments click “ Send” to submit your appeal request. 

How Do You Add Additional Documents Required by FTA?

When the National Assessing Authority asks for additional document status of the appeal request changed to “Resubmit” from “Appeal Submitted”. Press resubmit to check out why FTA is asking for additional documents. Thoroughly read and comprehend the reason and put in all required documents. The file size should be 40 Mb with a maximum limit of ten documents as a whole. After attaching additional documents, review your application and submit it for further processing. The deadline for this whole process is 5 days and the licensee has to answer back a request from FTA within these days. Your appeal request can be rejected by the National Assessing Authority if you don’t follow the deadline and attach documents after exceeding the mentioned time frame.

Importance of ESR Consultant in Filing Appeal 

Although there are not many complications in processing appeal requests, you may get into trouble while encountering additional documents and manipulating information. Since the whole process is official and solely related to the government you have to be accurate and precise while providing necessary information. You can easily embark on the process of requesting for appeal by taking the assistance of experienced ESR consultants. They are highly professional along with detailed knowledge about the appeal requests against economic substance regulations. 

There are technical troubles and duplicate submissions that can be avoided through the aid of an ESR adviser.  They also make amendments to ESR reports and notifications. Thus, you don’t need to worry at all. You can get services of consultation empowered by Economic Substance Regulations. 

When to Foresee a Decision from FTA?

Once you fulfill all the requirements regarding the appeal request, the Federal Tax Authority sums up the decision within forty active days, and the licensee will be informed within five days from the allocation of the decision.  

We have discussed briefly the process of filing an appeal. You just need to make sure that you are following the right pattern to raise your query. Also, don’t be hesitant to take the assistance of the consultant for ESR in UAE to get better results. 

Choose the Best ESR Consultants

Complying with ESR regulations in the UAE is a critical requirement and a great responsibility. Most businesses do not have comprehensive knowledge of how to manage compliance issues and how to act when they receive a penalty. Having qualified ESR consultants by your side can help you to deal with compliance issues. You do not have to worry about compliance when our experts are here to do it all for you.

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