UAE residency 183 days - what's reality?

[JackAlabama]

We seem to be going around in circles here, so this is going to my last message to you on this topic. There were already several officially declared exceptions to the 180 day rule (foreigner wife of an Emirati citizen, domestic helpers accompanying Emiratis having a scholarship for study abroad, etc.). These were exceptions which the UAE government had officially declared would apply EVEN IF those individuals' visa stamps had the 180 day rule written on it.

The UAE government, according to the gulftoday article, recently announced 5 additional official exceptions, one of which is the investor visa exception.

Therefore, IF the gulftoday article is correct, then it's no longer a case of non-enforcement of a rule - it's a situation where the rule itself has officially changed for investor visas EVEN IF their visas have the 180 day rule written on it.

So IS the gulftoday article correct? You claim that it isn't entirely correct but you've provided no evidence for your claim.

Sorry but @Fred did provide ample and easy claim. It is written at the bottom of your pink visa sticker, easy to inspect and understand.

In the worst case, just do the visa again. Its anyway valid only for 2 years now (unless you have these new fancy onces), so you can fit some free time in between the renewals.

 

[yoyodubai]

Can someone clarify 90 vs 183 day tax residency definition?

Am I correct to assume that if you:

- hold a valid UAE residence permit
- have a permanent place of residence (ejari)
- have a company in the UAE (place of business)

then you only need to be in the UAE for 90 days in a calendar year in order to be deemed a tax resident in the UAE? And to be on the safe side, stay less than 183 days in another country so you won't be deemed a tax resident there.

For reference, my visa which i got last year says 180 days...

 

[Fred]

Can someone clarify 90 vs 183 day tax residency definition?

Am I correct to assume that if you:

- hold a valid UAE residence permit
- have a permanent place of residence (ejari)
- have a company in the UAE (place of business)

then you only need to be in the UAE for 90 days in a calendar year in order to be deemed a tax resident in the UAE? And to be on the safe side, stay less than 183 days in another country so you won't be deemed a tax resident there.

For reference, my visa which i got last year says 180 days...

The Visa you got last year says that it becomes invalid when the owner resides longer then 180 days outside the UAE - you have a logical thinking mistake here.

Beside that your earlier assumption is 100% correct!

 

[yoyodubai]

The Visa you got last year says that it becomes invalid when the owner resides longer then 180 days outside the UAE - you have a logical thinking mistake here.

Beside that your earlier assumption is 100% correct!

Gotcha, I think.

Sorry for being thick, but doesn't the new tax residency rules supersede the 180 days in the visa? Or is it only visas that are issued now that have the 90 days?

My FZCO sponsors my visa and it's valid for 3 years.

 

[Fred]

Gotcha, I think.

Sorry for being thick, but doesn't the new tax residency rules supersede the 180 days in the visa? Or is it only visas that are issued now that have the 90 days?

My FZCO sponsors my visa and it's valid for 3 years.

You mix things up - Tax Residence is spending 90 days in Dubai and keeping Residence Visa active is being in Dubai every 180 days.

I know that's confusing but that's because of the several ways you can utilise the Dubai Residence.

While we see that most people utilise the Dubai Company with Dubai Residence Visa to have there Business and Finance Center in the UAE while living in south east asia, south america or travelling through Europe - the only thing they need to take care about is to be every 180 days for 1 day in the UAE - they either don't spend anywhere much time to establish a Tax Residence or they are Tax Resident in a Country without CFC rules or beneficial CFC rules.

Then we see the people who actually just want to avoid any headach or challenges from whoever and this people living there 3 Months in Dubai to establish there Tax Residence in the UAE - they just need to make sure to not stay in any other country longer then 6 months and they are good to go.

 

[yoyodubai]

You mix things up - Tax Residence is spending 90 days in Dubai and keeping Residence Visa active is being in Dubai every 180 days.

I know that's confusing but that's because of the several ways you can utilise the Dubai Residence.

While we see that most people utilise the Dubai Company with Dubai Residence Visa to have there Business and Finance Center in the UAE while living in south east asia, south america or travelling through Europe - the only thing they need to take care about is to be every 180 days for 1 day in the UAE - they either don't spend anywhere much time to establish a Tax Residence or they are Tax Resident in a Country without CFC rules or beneficial CFC rules.

Then we see the people who actually just want to avoid any headach or challenges from whoever and this people living there 3 Months in Dubai to establish there Tax Residence in the UAE - they just need to make sure to not stay in any other country longer then 6 months and they are good to go.

Thanks for clarifying. That makes perfect sense.