Introduction of Corporate Tax in the UAE

Corporate Tax in the UAE-YUGA ERP

Starting from June 1, 2023, the UAE has implemented a new corporate tax on companies’ net profits. This introduces additional obligations for many entrepreneurs. In this article, we’ll explore the applicability of the new tax, its rates, taxable incomes, and exemptions.

What is the corporate tax?

The corporate tax applies solely to business profits, calculated as income earned minus expenses incurred. It does not encompass individual income sources like wages or rental earnings from real estate. Additionally, capital gains and dividends from international company shares are exempt from taxation.

Introduced to boost revenue for the nation’s economic growth, the new tax aims to bolster the UAE’s budget. Despite these adjustments, the country’s tax legislation remains moderate, with one of the lowest tax rates among nations implementing a profit tax.

Who is impacted the new Profit tax and how?

As a general rule, taxpayers subject to the corporate tax comprise both residents and non-residents of the UAE.

  • Legal entities registered in the UAE, including those within free economic zones;
  • Foreign organizations managed and operated from within the Emirates;
  • Individuals engaging in business activities in Dubai or other regions of the UAE

Residents are subject to taxation on all profits generated within and outside the country. Non-residents, on the other hand, are only taxed on income derived from sources within the UAE, as well as from establishments within the nation and other income linked to the United Arab Emirates.

The tax period for corporate tax follows the calendar year. Registered taxpayers must file their tax return within 9 months after the tax period’s conclusion or as requested by the regulatory authority. During audits, the tax authority may demand financial statements to verify reported taxable income. Consequently, all accounting records must be retained for a period of 7 years.

Corporate tax payments are required annually, with no provisions for advance payments or withholdings not provided for by law.

Entities exempt from corporate tax payments include:

  • Public organizations, including charitable ones;
  • Companies with state participation;
  • Enterprises engaged in the extraction and development of natural resources;
  • Pension funds and social security funds;
  • Qualified investment funds.

Moreover, the legislation allows for the potential exemption of companies owned and operated by entities exempt from payment.

“UAE Corporate Tax Rates”

The standard corporate tax rates in the UAE are as follows:

  • 0%: for taxable income up to 375,000 dirhams
  • 9%: for taxable income exceeding 375,000 dirhams

Similarly, for eligible residents of UAE free economic zones:

  • 0%: for qualifying income
  • 9%: for non-qualifying income

Even if subject to a zero tax rate, businesses must still file declarations promptly.

Which Incomes Are Exempt from Taxation?

The subject of taxation under the new corporate tax in the UAE is specifically the net profit. This figure comprises all income earned by the taxpayer during the tax period, minus any associated expenses. It is imperative that the final profit amount is accurately documented in accounting and financial records.

Regarding taxation under the new corporate tax, the following incomes are deemed non-taxable:

  • Dividends and other profit distributions
  • Income earned by non-residents from the use of passenger maritime and air vessels
  • Income from share participation under specific conditions
  • Income from a foreign permanent establishment

The listed incomes are excluded from the calculation of business profits and are thus exempt from corporate tax in the UAE.

Are Companies in Free Zones Subject to Tax?

Companies operating within UAE free zones may qualify for corporate tax exemption if they meet the following conditions:

  • Maintain a significant presence in the UAE.
  • Earn “qualified” income as determined by the competent authority.
  • Comply with all relevant legislative requirements.
  • Fulfill other specified conditions.

If a company does not meet these conditions, it must adhere to the standard corporate tax rules.

Additionally, residents of UAE free economic zones can choose to forgo these benefits and switch to the general taxation regime voluntarily.

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