Taxation in the United Arab Emirates

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The United Arab Emirates is a federation of seven Emirates, with autonomous federal and local governments. The UAE has historically been a low-tax jurisdiction. [1] The federal government and local governments are entitled to levy taxes on citizens and companies. The federal government currently levies a value added tax, corporate income tax, and excise taxes. Some emirates levy property, transfer, excise and tourism taxes. Some emirates also charge corporate taxes on oil companies and foreign banks.

Contents

The UAE federal tax system is administered by the Federal Tax Authority (FTA), which was founded ahead of the 2018 implementation of a federal value added tax (VAT). The current standard VAT rate in the country is 5%. [2] [3] In January 2022, the UAE Ministry of Finance announced the implementation of a federal corporate tax starting June 2023. [4] The standard rate of corporate tax is 9%, some exempt businesses and those with net annual profits under AED375,000 (US$102,100) qualify for a rate of 0%, and that fall under the criteria of the global minimum corporate tax rate agreement are charged a corporate tax rate of 15%. [5] Free zone businesses can get exempt from corporate tax as long as they do not do business with the UAE mainland and follow other UAE guidelines. [6] The federal government also levies excise taxes on alcohol, energy drinks, vaping liquids and devices, and cigarettes. [7] [8]

History

Since the discovery of oil in the UAE in the mid-1960s, the UAE federal and local governments had no incentive to levy direct taxes. Local governments received royalties from their emirate-owned oil companies, which local governments used to fund the federal government. Since then, the UAE is working to diversify its economy and government revenue away from oil and other hydrocarbons; with taxes being a major source for diversifying government-revenue sources. [9]

Value added tax (VAT)

Since 1 January 2018, the UAE has a federal value added tax. The standard VAT rate is 5%, some items qualify for a rate 0%, while certain items and services are exempt from VAT. VAT registration is mandatory for businesses with annual taxable supplies above the mandatory registration threshold (currently AED375,000), and voluntary for businesses with annual taxable supplies above the voluntary registration threshold (currently AED187,500). The Federal Tax Authority (FTA) is responsible for collecting VAT from businesses and conducting audits. [6]

Registration criteria

A business must register for VAT [10] if their taxable supplies and imports exceed the mandatory registration threshold of AED375,000 (US$102,100). Furthermore, a business may choose to register for VAT voluntarily if their supplies and imports or expenses are less than the mandatory registration threshold, but exceed the voluntary registration threshold of AED187,500 (US$51,050). This latter opportunity to register voluntarily is designed to enable start-up businesses with no turnover to register for VAT. FTA has provided a complete list of documentation required for VAT registraton. [11]

De-registration criteria

If the annual turnover in 12 consecutive months is less than the voluntary registration threshold, the company or person may apply for de-registration in 20 days. Failing to submit de-registration application lead to a fine of up to AED10,000 (US$2720). [12]

Zero-rated items

VAT will be charged at 0% in respect of the following main categories of supplies: [13]

Exemptions

The following categories of supplies will be exempt from VAT: [14]

VAT audit

According to the federal law, it's necessary for the FTA to conduct regular VAT audits to ascertain the compliance of various businesses to the tax laws. [15] These audits are often conducted at the workplace or at the other place of business of the involved party, as per the selection of the FTA; the person/business should be given a minimum of 5 days notice. It is also directed by the authorities to maintain your [16] VAT accounting as per the laws.

VAT return filing

VAT Return Filing [17] in Dubai is essential for taxable businesses. Once you have applied for VAT registration, your business will get the Tax Registration Number (TRN) and it is now mandatory to file VAT Return. As per standard, you need to file VAT returns every three monthly or quarterly.

VAT Return Filing period might vary based on your VAT registration. The Federal Tax Authority (FTA) mentioned the VAT return filing period on the VAT certificate. All the businesses who register for VAT should complete their VAT return filing as per the defined period on the VAT certificate. After filing VAT returns, you have to make VAT related payments within 28 days from the end of your tax period. Failing to file VAT returns will results in fines and penalties. [18]

Procedures

The involved party/business/person can file their tax returns on the FTA portal as per the schedule.

The FTA authorities can check the returns and alternative details. There should not be a selected reason for the FTA to conduct an audit of a business/taxpayer. They will conduct it for any reason or whenever they are required.

A notice is going to be issued to the involved party, a minimum of 5 days before the regular audit date. It will contain details, like the audit schedule, place, concerned parties, reason (if something particular), etc.

The auditor/s and also the taxpayer can meet at the scheduled place at the scheduled time and the process can begin. The auditor might ask for business records, in original and/or copies, and take samples of products and alternative assets as obtainable at the place at the time.

Note: The audited party has the right to ask for the credentials, like professional identification cards, from the tax auditors so as to see their authority.

The tax audit is to be conducted during the official FTA operating hours, unless the Director-General decides to conduct the audit of a business outside regular hours, in an exceptional case.

The taxpayer or the other person subject to a tax audit, in conjunction with his legal representatives and tax agents, are advised to participate and help the auditors performing their task.

If something suspicious is found within the results of the audit which may impact the tax return, the authority might order a re-audit for more analysis.

The audited person has the right to ask for the notification copy and connected documents and be present throughout the auditing procedures that are conducted outside of the official places.

In March 2021, FTA said that influencers on social media in the UAE or any users using online promotional activities should register for VAT and pay taxes if the value of the services they provide is more than AED375,000 in a 12-month period. [19] [20]

VAT refunds for tourists

Foreign tourists visiting the UAE are entitled to VAT refunds for purchases of items being exported with the traveller on their departure. The refund only applied to items that have not been used in the UAE. The minimum receipt requirement for VAT refunds is AED250 (US$68), and the purchase needs to be made within 90 days of departure. [21]

Income tax

There is no tax on salaries [22] or any tax on dividends. [23]

Corporate tax

Since June 2023, the UAE has a federal corporate tax. The standard rate for corporate tax is 9%. Some businesses qualify for a rate of 0% while companies that fall under the criteria of the global minimum corporate tax rate agreement are charged a corporate tax rate of 15%. [5] Free zone businesses can get exempt from federal corporate tax as long as they do not do business with the UAE mainland. [6] The Federal Tax Authority is responsible for collecting federal corporate taxes and conducting audits. All businesses in the UAE, including exempt, free zone and zero-rate businesses are required to register for federal corporate taxes. [24] Some emirates, including Dubai and Abu Dhabi charge a 20% flat corporate tax on the income of foreign banks based within their emirates. [25]

Corporate tax return filing

Corporate tax return filing is essential for all the businesses. In the UAE, all entities that meet the specified criteria and thresholds for taxable profits are required to register for corporate tax. Timely and accurate corporate tax return filing is essential to avoid penalties and legal consequences. [26] Entities must compute their corporate taxes annually, file returns with the Federal Tax Authority (FTA) as required, and maintain accurate records of income and expenses. Failure to comply can lead to substantial fines and potential prosecution. The corporate tax return must be filed within nine months after the end of the relevant tax period. [27]

Income Requirements

As per the Ministry of Finance, Corporate Tax Rates [28] are:

Exemptions

The following institutions are exempt from federal corporate income taxes: [29] [30]

  1. Government entities;
  2. Government controlled entities;
  3. Persons engaged in an extractive businesses;
  4. Persons engaged in a non-extractive natural resource businesses;
  5. Qualifying public benefit entities;
  6. Qualifying investment funds;
  7. Public pension or social security funds, or a private pension or social security funds that is subject to regulatory oversight of the competent authority in the state;
  8. Juridical persons incorporated in the state that are wholly owned and controlled by certain exempt persons; and
  9. Earning in Personal Capacity
  10. Freelance Professionals (Subject to Annual Income)
  11. Natural Resource Extraction
  12. Any other persons as may be determined in a decision issued by the cabinet at the suggestion of the minister.

Entities that manage investment funds, public pensions, and social security funds are exempted from corporate tax subject to conditions.

Free zones

Free zone-based businesses are exempt from federal corporate taxes if they conduct no business with the UAE mainland, if not, the free zone business is required to pay federal corporate taxes on the income derived from the UAE mainland. [29]

Excise Taxes

The UAE levies excise taxes on certain products, the excise tax rates are:

Some emirates also charge higher taxes on the sale of alcohol. Abu Dhabi charges a 30% sales tax on alcohol, Dubai ended the practice in January 2023. [32] [33]

Corporate Tax for Free Zone Persons

In the UAE, free zones offer specific tax benefits for businesses operating within them. Companies in these zones benefit from:

Customs duties

The UAE charges a flat 5% customs duty on the value of goods, freight, and insurance (CIF) for most goods. The customs duty rate is 50% on CIF of alcohol, and 100% on CIF of cigarettes. VAT is also charged at the standard rate for the imported items.

The UAE charges some anti-dumping duties on some products, with some duties as high as 106% for some ceramic imports, including those imported from the GCC Customs Union. [35] [36]

See also

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References

  1. ↑ "A new corporate tax regime in the UAE -Trowers & Hamlins". www.trowers.com. Retrieved 2023-06-17.
  2. ↑ "VAT in UAE 2018" . Retrieved 12 September 2017.
  3. ↑ "VAT". www.mof.gov.ae. Retrieved 2017-09-14.
  4. ↑ "UAE to introduce corporate tax". thearabianpost.com. 31 January 2022. Retrieved 2023-07-20.
  5. 1 2 "UAE to introduce 9% corporate tax on business profits from June 1, 2023". gulfnews.com. 31 January 2022. Archived from the original on 2022-01-31. Retrieved 2022-02-01.
  6. 1 2 3 van Doremalen, Ton. "UAE introduces federal corporate income tax from June 2023". DLA PIPER. Archived from the original on 1 February 2022. Retrieved 1 February 2022.
  7. ↑ "UAE's expanded 'sin tax' comes in with sugary drinks, vapes and regular cigarettes rising in price". December 2019.
  8. ↑ "Excise tax | The Official Portal of the UAE Government". u.ae.
  9. ↑ "VAT". www.mof.gov.ae. Retrieved 2017-09-14.
  10. ↑ "VAT Registration in Dubai – UAE". November 8, 2024.
  11. ↑ "Essential Documents Required for VAT Registration in Dubai – UAE". November 8, 2024.
  12. ↑ "VAT Deregistration in UAE - Saif Chartered Accountants - UAE". January 6, 2020.
  13. ↑ "New VAT law: housing exempt and education at 0%". The National. Retrieved 2017-09-14.
  14. ↑ Fichte; Heaver, Co-Irina; Corrie, Priyasha (11 September 2017). "Summary of the new VAT Law in the UAE | Lexology" . Retrieved 2017-09-14.
  15. ↑ "Worried About VAT Audit? Here's Everything You Need To Know" . Retrieved 2019-03-19.
  16. ↑ "VAT Accounting" . Retrieved 2024-11-08.
  17. ↑ "VAT Return Filing" . Retrieved 2024-11-08.
  18. ↑ "Learn about VAT fines and penalities" . Retrieved 2024-08-11.
  19. ↑ "VAT Consultant in Abu Dhabi".
  20. ↑ "Social media influencers must pay VAT: UAE tax authority". Arab News. 2021-03-08. Retrieved 2021-03-08.
  21. ↑ "Tax free shopping in Dubai | Visit Dubai". www.visitdubai.com. Retrieved 2023-06-17.
  22. ↑ "Why employees will continue to pay no income tax in the UAE".
  23. ↑ "United Arab Emirates - Individual - Taxes on personal income".
  24. ↑ "UAE Corporate tax: Understanding who is Taxable, Exempt and Qualifying Free Zone Person". www.tmf-group.com. Retrieved 2023-06-17.
  25. ↑ "Tax on corporate lending and bond issues in the United Arab Emirates: overview". Practical Law. Retrieved 2023-06-17.
  26. ↑ "Learn about Corporate tax fines and penalities" . Retrieved 2024-08-11.
  27. ↑ "Corporate tax return filing". www.alphaauditing.ae/. Retrieved 2024-11-08.
  28. ↑ "Corporate tax (CT) | the Official Portal of the UAE Government".
  29. 1 2 PricewaterhouseCoopers. "UAE Federal Corporate Tax". PwC. Retrieved 2023-06-17.
  30. ↑ "Corporate Tax Exemptions - Alpha Auditing - UAE". November 8, 2024.
  31. ↑ "Excise Tax in UAE : All You Need to Know". Farahat Offices & Co - Top Audit Firms in Dubai. 2023-04-27. Retrieved 2023-06-17.
  32. ↑ Duncan, Gillian (2018-06-12). "Abu Dhabi to introduce 30 per cent alcohol sales tax". The National. Retrieved 2023-06-17.
  33. ↑ Nereim, Vivian (2023-01-02). "Dubai Suspends Alcohol Tax as Regional Competition Heats Up". The New York Times. ISSN   0362-4331 . Retrieved 2023-06-17.
  34. ↑ NOKAAF (2024-06-27). "Corporate Tax Guide on Free Zone Persons". NOKAAF Auditors. Retrieved 2024-07-31.
  35. ↑ Zabadneh, Mazen. "Customs Notice No. ( 09 / 2020) on Imposing a definitive anti-dumping duty on GCC imports of uncoated paper and paperboard (fluting or test liner) originating in Spain and Poland". www.dubaitrade.ae. Retrieved 2023-06-17.
  36. ↑ "UAE: Anti-dumping duties, ceramic pavers and tiles - KPMG United States". KPMG. 2021-07-12. Retrieved 2023-06-17.
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