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UAE Corporate Tax Guide: Dos & Don'ts

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UAE Corporate Taxes 9%

The UAE has become a leading business hub over the past couple of decades. These days, it’s one of the strongest financial centers in the world. Pretty much every advantage offered had the main purpose of drawing foreign investment.

The end of 2022 came with a slight change. The UAE brought in a federal law change to implement a corporate tax. It happened in December, 2022. Prior to this update, the UAE has been seen as a tax haven.

After all, there was a 0% tax on all profits made in the UAE. The tax haven didn’t apply to oil exploration businesses though.

Now, this new tax became effective on June, 1st, of this year. It was described as a goal for the UAE government to accelerate its development even more, but also to add to its strategy in terms of business opportunities.

As described, the law doesn’t seem to incorporate any unusual or hard to understand principles. They’re common in other countries as well, so taxpayers can predict what they may have to pay.

Apart from UAE’s strategic operation, the law aims to push UAE among the countries accepting international standards, especially around the G20 group.

Is UAE corporate tax free?

While established as a tax haven and a tax-free environment for any legal business apart from those involved with oil, the UAE has decided to change this aspect. The announcement has been made at the end of 2022, but the new law has come into effect at the beginning of summer.

What is the corporate tax in UAE?

Just like in other countries, the corporate tax in UAE will depend on profits.

A business will pay 9% in tax if it makes more than AED 375,000 a year. Obviously, the rate changes and fluctuates, but to help you get an idea, AED 375,000 is just over $100,000. Small and middle businesses won’t necessarily be affected at this stage.

The tax for profits up to AED 375,000 will still be 0%.

At the same time, the UAE government has also established some exemptions and this is where it gets interesting. If over the past fiscal year and the current one, your small business has made less than AED 3 million, you’re exempt from tax.

Further exemptions

Nonresidents without a permanent establishment will not be subject to this tax if their income is sourced outside of the UAE and that’s a very important consideration for the further analysis of this case. This means only those with a permanent establishment will pay tax.

At the same time, nonresidents who get state sourced income won’t be taxed, yet these rates are expected to go up in a series of upcoming changes.

The new corporate tax law has more exemptions, including:
  • Government entities
  • Entities controlled by the government
  • Extractive businesses
  • Non-extractive natural resource businesses

The revenue threshold in the UAE

Generally speaking, small businesses can find relief from this tax due to the revenue threshold of AED 3 million.

The threshold has a limited lifetime, from the 1st of June to the last day of 2026. It should be checked for the applicable tax years, but it’s also worth noting that free zone persons and MNE entities (revenue higher than AED 3.15 billion) are not eligible.

Taxpayers can opt in or out of the relief, it’s a personal (or better said, business) choice. The general idea is to encourage small business owners to start in the UAE, but also to stimulate startups. Small businesses can also stay away from transfer pricing documents, which cost quite a lot in the UAE.

Understanding micro, small, and middle businesses – What is the corporate tax in Dubai 2023?

While there are light changes from one area to another, Dubai is the primary business center in the UAE.

In Dubai, a micro business has up to 9 employees and a turnover of up to AED 9 million, in the trading industry. Services and manufacturing businesses have up to 20 employees and a turnover of up to AED 10 million.

A small business in trading has up to 35 employees and up to AED 50 million in turnover. Services and manufacturing small businesses have a double turnover and up to 100 employees.

Finally, a middle business in trading has a turnover of up to AED 250 million and up to 75 employees, while services and manufacturing middle businesses have up to 250 employees and the same turnover.

The threshold is pretty high if you look at it. The idea is to prevent micro and small businesses from being affected. A free zone businessperson who wants to benefit from the 0% corporate tax should have audited financial statements.

Reputable and popular free zones already have entities to deal with these documents, but this new decision makes it a general rule throughout the country.

How much tax do businesses pay in Dubai?

Based on the profits of the business, it could be nothing or 9%. Compared to other countries or even previously-known tax havens, it’s still a relatively low tax. However, it cancels the concept of a tax-free corporation zone for larger businesses.

What the corporate tax in the UAE means for businesses

The new corporate tax in the UAE is too new for some. It’s believed there will be more to unfold. After all, it has only been implemented a few months ago. A proper analysis could be made in a year or two. It was announced half a year before the implementation, only to give businesses time to prepare.

One thing is certain though. Financial statements weren't given that much importance in the past. These days, they can make a difference. After all, the profit on such statements is the base of what a business will pay in corporate tax.

Business data must be extremely accurate. Indeed, given the no tax system back in the day, no one was too bothered about business data accuracy. Now, these statements must be perfectly calculated to ensure the right tax is calculated.

At this level, business management software could be a real thing. If you’ve never used such software before, this is the perfect time to decide on something.

Possible workaround scenarios – Tax per profit, not revenue

Before panicking about taxes and dismissing Dubai from your current or future plans, it’s worth noting that tax is being paid for profit and not for revenue.

What does that mean? The tax for profit is basically the tax targeting what’s left after you’ve handled all the expenses of the company. You can give yourself a big bonus, award your employees, maybe invest in a few things for your business.

It's important to know that personal income is taxed now unless it doesn't have a business profile. For instance, capital gains, inheritances, dividends, or gifts (among others) are not taxed.

That’s where you can find room to mess about with the money. If you can find expenses that suit your business and lifestyle, you’ll be able to reduce your income. No one’s going to check how you use the respective funds.

However, it would be dodgy to buy new cars every month or other suspicious activities.

The tax per revenue covers more than that and implies paying tax for all the money you get in, regardless of your expenses. Therefore, the UAE may have brought in a tax, but it’s up to you to use your money responsibly to keep it to the possible lowest limit.

At the same time, it doesn’t mean you’ll have to spend all your profits in order to keep the tax to a minimum. As long as your profits are under the threshold, you’ll be alright and won’t be taxed.

This is most likely the most common scenario we will see from businesses in Dubai.

Possible workaround scenarios – Multiple businesses?

Assuming your business gets close to the threshold or you expect it to overcome it and get taxed, there’s also the possibility to run multiple businesses. However, that’s a completely different scenario.

You’ll need a whole new setup, even if there’s another business with a similar profile. The activity is obviously very important and can affect the tax status, income requirements, or number of employees.

You would have to pay a new fee for incorporation and go through all that hassle again. However, if you’re about to pay tax, it’s totally worth it. Since you already run a business in the UAE, you probably know where to go, who to ask for help, or what service to hire for the job.

Taking advantage of exemptions

Exemptions are there for more reasons. And one of them could actually work in your favor. If your income is sourced outside of the UAE, you won’t have to worry about tax.

If you make millions out of an online store, but you ban the UAE from using it, you’re basically getting all your money from outside the emirates.

If you’re an online influencer making money out of marketing posts and none of your customers is from the UAE, you’re sourcing your income outside of the UAE. You get the point. Again, the industry you activate in is just as important in the process.

In these two examples, you can see that one runs as a business and the other may run as a self-employed professional. Personal income with business sources will follow the same taxing rules.

What to do?

Just months after being implemented, the new corporate tax in the UAE is still uncharted territory. While everything is clear so far, there are more ideas out there, and figuring out what it will truly cost may take a fiscal year or two.

If no one bothered about tax services when the tax was set at 0%, things would have changed now. One of the best things you could do is get in touch with a tax expert in the area and make sure it’s someone with a good reputation, rather than some cheap service.

You may also get some suggestions regarding the best business software to use. To some, it’s an extra expense, indeed, but it could help save much more in the long run.

Of course, small businesses with low revenue won't be affected here.

What not to do

Going blindly in is a no-no. Also, there’s no need to panic. The UAE government has made a calculated move and the law is clearly described.

Avoid trying to dodge the system, getting money on your personal bank account rather than on your business bank account, and other shady activities. Keep in mind that it isn't necessarily about the money, but about who releases the invoice.

Personal income outsourced with business purposes is also taxed, so that won’t help. Besides, as you may already know, the banking system is quite strict in the UAE.

At this point, the best thing you can do is avoid abrupt changes in your business operations. Take your time to develop a new strategy to keep your profit under the threshold, whether with your business operations or expenses before the tax kicks in.
 
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"
Exemptions are there for more reasons. And one of them could actually work in your favor. If your income is sourced outside of the UAE, you won’t have to worry about tax.
"


Where is this mentioned? Any verifiable source on this as I never read this anywhere? But yes UAE should have been smarter and just do a HK style territorial approach as that would have ticked all the boxes or some malta thing
 
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Hello, if someone incorporates a new company in Dubai today, will it be eligible for the 0% tax small business exemption of 3 million AED ? or is it only applicable to existing companies ?
 
"
Exemptions are there for more reasons. And one of them could actually work in your favor. If your income is sourced outside of the UAE, you won’t have to worry about tax.
"


Where is this mentioned? Any verifiable source on this as I never read this anywhere? But yes UAE should have been smarter and just do a HK style territorial approach as that would have ticked all the boxes or some malta thing
To keep it simple, natural individuals who are UAE residents and targeted by this tax will only have to pay it on money made from activities performed in the UAE. Nonresidents have to pay tax on the exact same type of income. Income sourced in other countries is taxed in the respective jurisdictions.

https://www.ey.com/en_gl/tax-alerts...that are UAE,is considered UAE-sourced income
Hello, if someone incorporates a new company in Dubai today, will it be eligible for the 0% tax small business exemption of 3 million AED ? or is it only applicable to existing companies ?
Businesses will be affected by the new corporate lax from the beginning of the first fiscal year that starts after the 1st of June, 2023. The threshold applies to all businesses.
https://u.ae/en/information-and-ser...47 of 2022 on taxation,is Corporate tax (CT)?
Is this written by chatgpt? Remember that chatgpt is not very good with facts and can make up stuff, so I wouldn't trust any of this information.
No it is not!

Personal income is NOT taxed. "Not" missing?
its true it says everywhere personal income tax doesnt exist in uae, but one of the advanced members on offshorecorptalk forum said:
Yes many don't realize that UAE has in practice introduced personal income tax
It's just hidden behind CIT
 
Hi

I think you better delete this whole thread and your article as its factually wrong;

you state
"
Exemptions are there for more reasons. And one of them could actually work in your favor. If your income is sourced outside of the UAE, you won’t have to worry about tax.

If you make millions out of an online store, but you ban the UAE from using it, you’re basically getting all your money from outside the emirates.

If you’re an online influencer making money out of marketing posts and none of your customers is from the UAE, you’re sourcing your income outside of the UAE. You get the point. Again, the industry you activate in is just as important in the process.

In these two examples, you can see that one runs as a business and the other may run as a self-employed professional. Personal income with business sources will follow the same taxing rules.
"

If you run your business from uae(either as uae company or foreign company) you are taxed in uae no matter where this income arises.
you even send the article of Ernst young ; it says clearly

"

Taxable person​


Generally, CT will apply to both resident and nonresident persons.


A resident person will include:


  • A juridical person incorporated otherwise established or recognized in the UAE (including free zones)

  • A juridical person incorporated otherwise established or recognized outside of the UAE, that is effectively managed and controlled in the UAE

  • A natural person that conducts business activity in the UAE"
 
Hi

I think you better delete this whole thread and your article as its factually wrong;

you state
"
Exemptions are there for more reasons. And one of them could actually work in your favor. If your income is sourced outside of the UAE, you won’t have to worry about tax.

If you make millions out of an online store, but you ban the UAE from using it, you’re basically getting all your money from outside the emirates.

If you’re an online influencer making money out of marketing posts and none of your customers is from the UAE, you’re sourcing your income outside of the UAE. You get the point. Again, the industry you activate in is just as important in the process.

In these two examples, you can see that one runs as a business and the other may run as a self-employed professional. Personal income with business sources will follow the same taxing rules.
"

If you run your business from uae(either as uae company or foreign company) you are taxed in uae no matter where this income arises.
you even send the article of Ernst young ; it says clearly

"

Taxable person​


Generally, CT will apply to both resident and nonresident persons.


A resident person will include:


  • A juridical person incorporated otherwise established or recognized in the UAE (including free zones)

  • A juridical person incorporated otherwise established or recognized outside of the UAE, that is effectively managed and controlled in the UAE

  • A natural person that conducts business activity in the UAE"
Unfortunately this article is only creating more confusion.

UAE taxes worldwide income:
https://taxsummaries.pwc.com/united-arab-emirates/corporate/income-determination
If your income is sourced outside UAE (from a foreign PE) then UAE might not tax it but it should be taxed abroad by at least 9% tax to get exemption.

Im sure we have some tax advisors on this forum who could help to review such articles before they are published. Happy to help if needed, though Im mot qualified to provide UAE tax advice.
 
Things are read and interpreted differently. Most of us are foreigners here, so it might be an issue of misinterpreting.

Feel free to take a look over Ecovis' website, the lawyer section discussing the UAE corporate tax ( link at UAE Corporate Tax 2023: Federal Corporate Tax Implementation )

We appreciate discussions and contradictions because we might've missed certain things of interest to people. We tried to cover the most common aspects related to this new tax, but obviously some people have different sources they trust more.

The official UAE gov website should be the main source of information, but there are still things that could be wrongfully interpreted there. It just feels like not all the small details have been included there, so further interpretation may be required.

Thats why like always, we recommend taking it further to a tax consultant when ready to start a business in the UAE.

The govt tried to make it clear, but it will probably take at least 2 years for everything to be crystal clear.
https://www.ecovis.com/global/uae-corporate-tax-2023-implementation-of-the-federal-corporate-tax/
 
True, there is still so much confusion, even among the UAE govt departments, the official UAE govt. website declares that
"The UAE CT regime will continue to honour the CT incentives currently being offered to free zone businesses that comply with all regulatory requirements and that do not conduct business set up in the UAE’s mainland."

This is shown as updated information as on July 31st, 2023.

Source: Corporate tax (CT) | The Official Portal of the UAE Government

Also, when you go ahead and try to register at the Emara portal, business activity has to be selected. There is no information about which business category falls under the qualifying income. The qualifying income requires expansion so as to include the business activities that qualify it.
 
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Do you think it will be higher than 9% in near future?
It can be anything, anytime. After the implementation from June 1, they have provided zero scope and clarifications. I think the entire cit might have been drafted overseas (EU, probably). They can't even explain, what they have drafted. The authorities are seeking time, at least 50 days, to get back with a clarification
 
Taxation is one hell of a drug. It takes a lot of discipline not to raise it. Especially in a totalitarian state where you don't have to worry about losing an election.
 
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