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Embrace the Change: Get Ready for a Transformative Journey Ahead
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On 9th December 2022 the UAE published the federal decree law no 47 of 2022 on taxation of corporations or business (“CT law”). This is in line with the global minimum tax initiative under “Pillar Two” of the OECD Base Erosion and Profit Shifting (BEPS) project, to which UAE is a signatory. The law levies the flat corporate tax of 9% on the business (0% in few cases), which covers both corporates and individuals in few specified cases, where he /she engaged in business. Further, both resident and non-resident in few specified cases, are considered as taxable person under the CT law. Corporate tax is levied on the profits as per books of account after making specified adjustments.
The CT Law also has Specific Anti Abuse Provisions (SAAR) like transfer pricing, interest deduction capping rules, limitation of deduction for entertainment expenses, etc and General Anti Abuse Provisions (GAAR).
In order to mitigate the penalties and comply with the CT Law, it’s essential that the business model be looked into and identify the areas in which the tax outflow can be optimised, as the Corporate tax regime kicks in from the Financial Years commencing after 1st June 2023. At Suntech, we understand the impact of this change and offer top-notch end to end corporate tax services to handhold you right from planning for first reporting period till filing of your first corporate tax Return and assessment.
Unleashing potential through collaboration
The rates for Corporate Income Tax (“CIT”) are as follows:
0% CIT for taxable income up to AED 375,000
9% CIT for taxable Income Exceeding AED 375,000
0% CIT for Qualifying Income
9% CIT for Non Qualifying Income
Foreign individuals and entities conducting business in the U.A.E are subject to corporate tax in scenarios where they have a Permanent Establishment, earned income having source in U.A.E and .has business nexus in U.A.E However, income derived from dividends, capital gains, interest, royalties, and other investment returns by foreign investors will not be subject to corporate tax in the U.A.E.
At Suntech Auditors & Consultants, we offer a wide range of corporate tax services designed to support businesses in adapting to the new tax landscape and achieving compliance. Our services include:
1.
Transfer Pricing: We assist businesses in complying with transfer pricing rules and documentation requirements. Our expert team ensures a thorough analysis of cross-border financial transactions, compliance with OECD Transfer Pricing Guidelines, and structuring transfer pricing policies
2.
Business Tax: Our comprehensive approach helps businesses manage complex tax problems across multiple jurisdictions. We offer services encompassing tax planning, evaluation of consequences, strategies for Base Erosion & profit-sharing, as well as ensuring compliance for individual and family offices.
3.
Tax Management Consulting: We minimize tax burdens, ensure compliance with new laws, and streamline tax operations through our consulting services. We represent entities before tax authorities, offer global taxation and transfer pricing support, and assist in corporate tax transition management.
4.
Business Process Solutions: Leveraging technology, we help optimize business processes, automate accounting systems, provide business intelligence and data analytics, and improve overall efficiency.
Transfer pricing refers to the pricing of goods, services, or intangible assets transferred between related parties, such as different subsidiaries of the same multinational company located in different countries. The aim is to ensure that these intercompany transactions are conducted at arm's length, meaning the prices are set as if the parties were unrelated and operating independently. This is essential to prevent artificial shifting of profits between jurisdictions and to maintain fairness in taxation and trade.
As a business that assists other companies in complying with transfer pricing rules and documentation requirements, our expert team plays a critical role in helping these businesses navigate the complex landscape of international tax regulations and guidelines set by organizations like the Organization for Economic Cooperation and Development (OECD).
Our services include tax planning, consequence evaluation, Base Erosion & Profit-Sharing (BEPS) strategies, and compliance support for individual and family offices. Collaborating closely with businesses, we design personalized tax strategies aligned with their specific needs and objectives. Our expertise helps businesses anticipate tax implications during crucial choices like mergers and acquisitions, ensuring confident navigation through transitions. Robust BEPS strategies protect profits and reputations on an international level. Additionally, we manage personal tax obligations for individual and family offices, freeing them to focus on financial goals.
At Suntech Auditors & Consultants, our Business Tax services meet diverse tax challenges for businesses across jurisdictions with a comprehensive and holistic approach. As dedicated advisors, we strive to alleviate tax burdens and guide businesses to thrive in today's challenging tax landscape.
Our Tax Management Consulting services are designed to empower businesses by alleviating tax burdens, ensuring seamless compliance with new tax laws, and optimizing tax operations. Our team of experts serves as strategic advisors, representing entities before tax authorities and providing invaluable support in global taxation and transfer pricing matters.
With a deep understanding of the evolving tax landscape, we guide businesses through complex tax scenarios, offering comprehensive solutions to meet their unique needs. Our consulting services cover a wide array of areas, including tax planning, risk assessment, and compliance management, tailored to maximize tax efficiencies while adhering to regulatory requirements.
Additionally, we assist businesses in navigating corporate tax transition management, facilitating smooth and efficient transitions during periods of change or restructuring. As dedicated partners, we are committed to streamlining tax operations, minimizing potential risks, and helping businesses thrive in today's dynamic and ever-changing tax landscape.
At Suntech Auditors & Consultants, our Business Process Solutions harness the power of technology to drive efficiency and productivity for businesses. Leveraging cutting-edge tools and methodologies, we optimize various aspects of business operations to streamline workflows and enhance performance.
Our team specializes in automating accounting systems, reducing manual tasks, and ensuring accurate financial reporting. We implement business intelligence and data analytics to provide valuable insights that aid in informed decision-making and strategic planning. By identifying bottlenecks and inefficiencies, we help businesses achieve higher levels of productivity and cost-effectiveness.
With a focus on improving overall efficiency, our Business Process Solutions aim to modernize and transform businesses, allowing them to stay competitive and agile in today's fast-paced market. By embracing innovative technologies, we empower our clients with the means to thrive and succeed in an ever-evolving business landscape.
Transfer Pricing: Compliance with transfer pricing rules, analysis of cross-border financial transactions, and structuring transfer pricing policies.
Business Tax: Tax planning, impact assessment, base erosion - profit shifting (BEPS) strategies, individual and family office compliance, etc.
Tax Management Consulting: Representing entities before tax authorities, global taxation and transfer pricing support, corporate tax transition management, etc.
Business Process Solutions: Optimizing business processes, automating accounting systems, business intelligence, and data analytics.
Scope of the Corporate Tax Law:
The corporate tax law has a wide-ranging application, encompassing various scenarios and entities. Notably, it pertains to Multinational Enterprises (MNEs) falling under Pillar 2 of the BEPS 2.0 framework. This includes MNEs with consolidated global revenues exceeding AED 3.15 billion.
Zero Rate: Companies with annual taxable profits up to AED 375,000 enjoy a zero tax rate.
9% Rate: For annual taxable profits surpassing AED 375,000, the tax rate is set at 9%.
MNE Rates: Multinational Enterprises governed by Pillar 2 of the BEPS 2.0 framework face variable tax rates based on guidelines from the OECD.
The UAE's corporate tax framework provides exclusions for specific income categories. It is highly recommended to seek advice from corporate tax advisors in Dubai before making any decisions related to taxation. Here are the primary exemptions to be aware of:
Corporate shareholders in the UAE are not subject to Corporate Tax (CT) on dividends received or on capital gains resulting from the sale of shares in subsidiary companies.
All dividends obtained domestically from UAE-based companies, including dividends originating from Free Zone Persons benefiting from the 0% CT regime, are free from corporate tax.
Dividends disbursed by foreign companies and gains arising from the sale of shares in both UAE and foreign enterprises can be exempted, contingent upon satisfying specific conditions.
UAE firms hold the option to either claim a foreign tax credit for taxes paid in the foreign branch country or elect for an exemption on profits from their foreign branches.
To ensure a comprehensive grasp of these exemptions and their application to individual business scenarios, it is strongly advised to consult adept corporate tax advisors in Dubai. Such consultation will facilitate well-informed choices aligning with UAE's corporate tax regulations, thereby optimizing tax strategies within the legal framework.
The corporate tax filing deadlines for businesses in the UAE vary depending on their financial year-ends. Here is the breakdown:
Financial Year-End: 30 June
First Tax Period: 1 July 2023 - 30 June 2024
Financial Year-End: 31 December
Tax Period: 1 January 2024 - 31 December 2024
Financial Year-End: 31 March
Tax Period: 1 April 2024 - 31 March 2025
It's important for businesses to adhere to these deadlines to ensure timely and accurate corporate tax filing in the UAE. Non-compliance with these deadlines may result in penalties or other legal consequences.
The impact of corporate tax reverberates through companies operating within UAE's free zones, often dubbed as Free Zone Persons. These enterprises must adhere to corporate tax regulations within the UAE's framework. Yet, they can also tap into alluring tax incentives upon meeting specific regulatory conditions. To explore and extract maximum advantage from these potential benefits, enterprises located in free zones can opt to collaborate with specialized corporate tax services in Dubai. These services extend tailored counsel and support to navigate the intricate terrain of corporate taxation.
Concerning the stipulations for availing tax incentives, several pivotal criteria come into play:
Income from External Transactions: Free Zone Persons stand to benefit from a 0% corporate tax rate on income originating from transactions with entities situated outside the UAE. This setup propels international business engagements and bolsters the region's economic panorama.
Trade Income Advantages: Businesses functioning within free zones can further exploit a 0% corporate tax rate on income accrued from trade activities with entities both within the UAE and those positioned in other free zones. This blueprint aims to nurture business expansion and foster collaboration within the free zone ecosystem.
Impact of Mainland Branches: If a Free Zone Business holds a mainland branch, a 9% corporate tax rate is levied on income derived from mainland activities. Nevertheless, other forms of income remain eligible for the 0% corporate tax rate, upholding a balanced tax approach.
Consideration of Passive Income: Free Zone Persons without mainland branches can still reap the rewards of the 0% corporate tax rate on "passive" income sources, such as interest, royalties, dividends, and capital gains from shares in mainland companies. This structure incentivizes investment and financial undertakings.
Free Zone-Mainland Transactions: Transactions between Free Zone Persons and mainland-based group companies are subject to a 0% corporate tax rate. However, it's imperative to note that payments from the mainland to the free zone cannot be recognized as deductible expenses.
VAT Designated Zone Advantage: Entities situated within a UAE VAT Designated Zone can capitalize on a 0% corporate tax rate on income generated from selling goods to mainland businesses acting as importers. This fosters trade and commerce within the designated zones.
Overall Impact: While businesses can harness the 0% corporate tax rate for mainland-sourced income, it's vital to grasp that this benefit is delimited by the scope of eligible criteria.