United Arab Emirates - Corporate - Income determination
Detailed description of income determination for corporate income tax purposes in United Arab Emirates
taxsummaries.pwc.com
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can anybody explain this "Taxable income attributable to the PE"
Yes, but if you are resident in UAE. All income can be considered generated in UAE.You are taxed only income generated by the permanent establishment in UAE
Yes, but if you are resident in UAE. All income can be considered generated in UAE.
Well what if you are a resident in the sense that you have an Emirates Id, but you spend less than 90 days in the UAE?Well that's obvious.
Well what if you are a resident in the sense that you have an Emirates Id, but you spend less than 90 days in the UAE?
Generally speaking, the PE in UAE will be created based on the DTT or UAE CT law depending on the jurisdiction, as UAE has signed and ratified the BEPS Multilateral Instrument and chosen to retain the existing 'permanent establishment' definition in its DTTs. It has not elected to adopt the expanded 'permanent establishment' definition.If you spend less than 90 days you will not be considered UAE tax resident but i don't understand what's your point.
Actually does somebody knows how long is "time to PE" in UAE?
Becuase if time to PE > 90 days there could be a loophope right there.
I mean consider being the owner of a US LLC on a remote working visa in UAE.
You are considered UAE tax resident after 90 days but if the time to consider your US LLC a UAE permanent establishment is, lets say, 183 days you can game the system by leaving UAE on day 91 and managing your company from [put desidered location here] being careful about triggering tax residency eleswhere.
Your passport is the proof that you stayed enought to get tax residency but not long enough to create a permanent establishment.
And futher, if you organize yourself in a way that you only close contracts while outside UAE you can substaintiate that while in UAE you only performed activities of a preparatory or auxiliary nature.
United Arab Emirates - Corporate - Corporate residence
Detailed description of corporate residence rules in United Arab Emiratestaxsummaries.pwc.com
Another wrinkle with having a US LLC, since a US LLC is disregarded/transparent, isnt it possible that it counts in the UAE as doing business as a natural person (as opposed to a foreign juridical person) and then there is no requirement to register for CT below 1M AED turnover.In summary, being a sole manager of the us llc like this leaves you exposed to tax in most cases.
In summary, being a sole manager of the us llc like this leaves you exposed to tax in most cases.
As far as I know there are no anti-hybrid rules in the UAE so it shouldn't be applicable.Another wrinkle with having a US LLC, since a US LLC is disregarded/transparent, isnt it possible that it counts in the UAE as doing business as a natural person (as opposed to a foreign juridical person) and then there is no requirement to register for CT below 1M AED turnover.
If you spend less than 90 days you cannot get tax residence certificate - it means you are not genuine UAE resident.@Don so what happens if individual spends less than 90 days while having the id card?
Is there a PE or not?
What do you mean isnt applicable?As far as I know there are no anti-hybrid rules in the UAE so it shouldn't be applicable.
Thinking the same few days ago...Also started the tread regarding thisIf you spend less than 90 days you will not be considered UAE tax resident but i don't understand what's your point.
Actually does somebody knows how long is "time to PE" in UAE?
Becuase if time to PE > 90 days there could be a loophope right there.
I mean consider being the owner of a US LLC on a remote working visa in UAE.
You are considered UAE tax resident after 90 days but if the time to consider your US LLC a UAE permanent establishment is, lets say, 183 days you can game the system by leaving UAE on day 91 and managing your company from [put desidered location here] being careful about not triggering tax residency eleswhere.
Your passport is the proof that you stayed enought to get tax residency but not long enough to create a permanent establishment.
And futher, if you organize yourself in a way that you only close contracts while outside UAE you can substaintiate that while in UAE you only performed activities of a preparatory or auxiliary nature.
United Arab Emirates - Corporate - Corporate residence
Detailed description of corporate residence rules in United Arab Emiratestaxsummaries.pwc.com
Can you share that structure idea ?Your're most likely correct and you gave me an idea for a (probably) even better tax structure.
3. Notwithstanding Clauses 1 and 2 of this Article, a fixed or permanent place in the Stateshall not be considered a Permanent Establishment of a Non-Resident Person if it is usedsolely for any of the following purposes:a) Storing, displaying or delivering of goods or merchandise belonging to that Person.b) Keeping a stock of goods or merchandise belonging to that Person for the solepurpose of processing by another Person.c) Purchasing goods or merchandise or collecting information for the Non-ResidentPerson.d) Conducting any other activity of a preparatory or auxiliary nature for the NonResident Person.e) Conducting any combination of activities mentioned in paragraphs (a), (b), (c) and(d) of Clause 3 of this Article, provided that the overall activity is of a preparatoryor auxiliary nature.
Thanks for sharing, I hope it will be good for some businesses from this forum even if I think 95% of us are not concernedUAE: New conditions announced for corporate tax exemptionsUAE: New conditions announced for corporate tax exemptions
The diversity of ownership criteria for investment funds other than REITs will be non-binding for the first two financial years of the fund's establishment, says the...www.khaleejtimes.com
Due to PE regulation "non resident person" would become resident in UAE in terms of CIT
"Conducting any other activity of a preparatory or auxiliary nature for the Non Resident Person." do this sentence include "Conducting administrative activities in the UAE."....If it is true.....so may be USA LLC be not trigger PE