Corporate Tax in UAE
Corporate Tax in UAE is a direct tax on the profits or net income generated by corporations and businesses operating within the nation's borders.
Governed by Federal Decree-Law No. 47 of 2022, the Corporate Tax Law mandates that companies pay taxes based on their taxable income. This law, effective from June 1, 2023, aims to accelerate the UAE's development and aligns with international standards for tax transparency and prevention of harmful tax practices. The corporate tax law in the UAE forms a key part of the country’s evolving regulatory framework.
Under the Corporate Tax Law, the Federal Tax Authority administers, collects, and enforces corporate tax and other federal taxes in the UAE. This includes providing guides, responding to clarifications, and conducting awareness sessions regarding corporate tax registration, return filing, rules, assessments, transfer pricing rules and regulations, and more to ensure compliance. Businesses rely on tax specialists to navigate the complexities of Corporate Tax. These experts offer their expertise and provide guidance on compliance with UAE tax regulations, ensuring adherence to legal requirements while optimizing tax obligations.
By understanding the intricacies of Corporate Tax in UAE, businesses can effectively file corporate tax returns, fulfill their tax obligations, and contribute to the country's economic growth and development. With the support of Corporate tax advisors and corporate tax firms, companies can navigate the regulatory landscape, maintain transparency, and mitigate tax risks, fostering a conducive environment for sustainable business operations in the UAE.
Introduction of Corporate Tax in UAE from June 2023
Corporate Tax Rates
Corporate entities will be subject to specific tax rates based on their taxable income under the Corporate Tax regulations. Corporate tax advisors and experts are crucial in helping businesses understand their tax obligations to ensure compliance with regulatory requirements.
- Taxable incomes exceeding AED 375,000 will incur a corporate tax rate of 9%.
- Taxable incomes up to AED 375,000 will benefit from a 0% corporate tax rate, specifically aimed at supporting small and medium-sized enterprises (SMEs) under the UAE Corporate tax rules.
Applicability of Corporate Tax in UAE to Free Zones
The applicability of Corporate Tax in UAE extends to Free Zones, as mandated by the applicable legislation of the State. This means businesses operating within Free Zones, including financial free zones, will be subject to Corporate Tax regulations and requirements.
- Businesses established in Free Zones must register and file Corporate Tax Returns.
- Corporate tax incentives are available to qualifying Free Zone businesses.
- Incentives are maintained for entities adhering to regulatory requirements and not conducting business in mainland UAE.
- These incentives offer businesses a continued pathway for growth and development within Free Zones.
As businesses in Dubai and across the UAE prepare to navigate the corporate tax landscape, seeking guidance from experienced corporate tax firms and agents is essential to managing tax liabilities effectively and upholding financial integrity in a rapidly evolving regulatory environment.
Applicability to Foreign Companies
Under the corporate tax regime in the UAE, foreign companies having a permanent establishment in the UAE will be subject to the corporate tax rate of 9% on annual taxable income exceeding AED 375,000 attributable to UAE business operations and activities such as service provision, goods production or sale, property rentals, etc. Compliance with corporate tax requirements is essential for them to meet UAE’s tax regulations.
Applicability to Non-Resident Individuals
The applicability of Corporate Tax in UAE to foreign persons hinges on their engagement in trade or business within the UAE on a regular or ongoing basis.
- Non-resident individuals engaging in trade or business activities within the UAE are subject to Corporate Tax regulations.
- Corporate Tax usually does not apply to income earned by foreign investors from dividends, capital gains, interest, royalties, and other investment returns.
The above exemptions create a favorable environment for foreign investors seeking to explore different investment opportunities within the UAE.
Exempt Income
The following categories of income will not be subject to Corporate Tax:
- Capital gains if the company satisfies participation exemption condition.
- Dividends received by UAE businesses from qualifying shareholding. A qualifying shareholding refers to an ownership interest in a UAE or foreign company that meets certain conditions specified in the UAE Corporate Tax law.
- Qualifying intragroup transactions and restructurings, as defined under the corporate tax rules.
All of the above are for UAE-established companies.
Transfer Pricing and Applicability
Transfer Pricing refers to the pricing of transactions between Related Parties or Connected Persons, and has become increasingly important due to globalisation and cross-border trade activities by enterprises. The OECD Transfer Pricing Rules shall now be applicable in the UAE. All companies have to comply with the Transfer Pricing rules and documentation requirements.
Transfer pricing is essential for corporate financial management, ensuring that transactions within corporations are conducted fairly and transparently. Transfer pricing rules prevent profit shifting to low-tax jurisdictions and promote equitable taxation across borders, fostering transparency and integrity in corporate financial practices. Following transfer pricing policies underscores the importance of proper record-keeping and adherence to regulatory standards for Corporate Tax in the UAE.
Companies employ various methods to determine transfer prices, including comparing prices with similar transactions among unrelated parties, considering resale prices, adding costs and markups, calculating net margins, and splitting profits between entities. The choice of method must meet the corporate tax rules and consider factors such as contract terms, transaction characteristics, economic conditions, functions performed, assets used, risk assumed, and business strategies.
Tax authorities closely scrutinize transfer pricing methods to ensure compliance and fairness. They may adjust the taxable income to reflect a fair price based on available information and relevant factors if a transaction's outcome falls outside the acceptable range. These adjustments should be mirrored in the related party's taxable income.
Furthermore, if a foreign tax authority adjusts a transaction for transfer pricing, the company can request a corresponding adjustment with its local tax authority. The adjustments should mirror the related party's taxable income. This process necessitates careful documentation and adherence to regulatory standards, emphasizing the vital role of corporate tax firms, corporate tax advisors and experts in navigating international tax regulations in your business.
Transfer Pricing Documentation
Article 55 of the Corporate Tax Law specifies the Transfer Pricing documentation obligations on a Taxable Person that enters into transactions with its Related Parties or Connected Persons. Generally, Transfer Pricing documentation refers to a set of records prepared by Taxable Persons to demonstrate their compliance with the Arm’s Length Principle in their Related Party transactions. The purpose of Transfer Pricing documentation is to provide the FTA with a clear and comprehensive understanding of the Taxable Person's Transfer Pricing policies and their application to test the Transfer Pricing outcome for each relevant period under review.
The Tax Authority has the discretion to request a Taxable entity to submit, along with their tax return, a disclosure comprising details about the Taxable entity's transactions and arrangements with its Related Parties and Connected Persons. This information must adhere to the format specified by the Authority. To meet government-set conditions for corporate tax in the UAE, companies must maintain a Master File containing comprehensive details and an overview of their transfer pricing and global business operations and a Local File that provides specific information about local transactions and their compliance with corporate tax rules.
Adherence to deadlines is essential in tax compliance, as companies must submit the required documentation to the tax authority within 30 days of the Authority's request or any later date specified by the Authority, ensuring compliance with Corporate Tax rules and tax requirements.
Relevant Authority for Corporate Tax in UAE
In the United Arab Emirates (UAE), the administration, collection, and enforcement of Corporate Tax in UAE fall under the purview of the Federal Tax Authority. As stipulated by the Corporate Tax Law in UAE, the Federal Tax Authority oversees corporate and other federal tax matters nationwide. This responsibility underscores the authority's commitment to ensuring compliance and upholding UAE tax regulations within the UAE's corporate landscape.
While the Federal Tax Authority takes charge of domestic tax administration, the Ministry of Finance remains the competent authority for bilateral and multilateral agreements and international exchanges of tax-related information. This status reaffirms the Ministry's pivotal role in facilitating global tax cooperation and ensuring transparency in cross-border financial matters under UAE tax regulations. The collaboration between the Federal Tax Authority and the Ministry of Finance shows the UAE's commitment to international tax standards and its dedication to maintaining a robust and transparent corporate tax framework.
Compliance and Obligations Under Corporate Tax in UAE
Businesses operating under the UAE Corporate Tax regime must adhere to specific compliance requirements and corporate tax obligations:
- Companies established in the UAE are required to register and file a Corporate tax return, ensuring transparency and accountability in financial reporting.
- Failure to comply with the Corporate tax regime may result in administrative penalties.
Corporate Tax Firms play a crucial role in assisting businesses to comply, mitigating the risk of penalties, and ensuring smooth operations within the legal framework. By leveraging the services of corporate tax specialists and tax advisors, businesses can streamline their corporate tax compliance processes and focus on their core activities while maintaining regulatory compliance in the dynamic landscape of corporate taxation.
Other Key Features:
- Withholding taxes on domestic and cross-border payments will not be imposed. As of now, withholding tax rate is 0% in UAE.
- The ministry informed that businesses "extracting natural resources," primarily referring to oil and gas production, will be exempt from the new regulations. This exemption is justified as these businesses are already subject to emirate-level taxation.
- Foreign taxes will be credited proportionately against any UAE Corporate Tax payable, meaning there will be no double taxation.
- Generous loss utilization rules will be implemented, and UAE groups will have the option to be taxed collectively as one entity or may seek group relief for losses, restructurings, and intragroup transactions.
- The taxable income will be the accounting net profit of a business after making adjustments as per Article 20 of the UAE Corporate Tax Law.