Corporate Tax Implementation in Dubai

Dubai, the crown jewel of the United Arab Emirates (UAE), has long been a haven for businesses seeking tax-free havens. However, a significant shift occurred in January 2022 with the announcement of a federal Corporate Tax (CT) system. This service delves into the intricacies of corporate tax implementation in Dubai, providing clarity for businesses navigating this new territory.

The Arrival of Corporate Tax

The UAE Ministry of Finance (MoF) introduced the CT system, applicable to financial years starting on or after June 1, 2023. This marked a strategic move to diversify the nation's income sources beyond oil dependence while maintaining its position as a global business hub.

Key Features of the UAE CT Regime

• Competitive Tax Rate: The UAE boasts a standard CT rate of 9%, making it one of the most competitive rates within the Gulf Cooperation Council (GCC) region. This compares favorably to the global average corporate tax rate, which sits around 23%.
• Focus on Transparency and Best Practices: The CT regime is designed to adhere to international tax transparency standards and prevent harmful tax practices. This fosters a more responsible and sustainable business environment.
• Minimized Compliance Burden: The UAE acknowledges the potential burden of tax compliance. The CT system aims to streamline the process, making it less cumbersome for businesses.

Who Is Subject to Corporate Tax?

The CT applies to most business and commercial activities within the UAE, with a few exceptions. Here are some entities exempt from CT (subject to meeting specific conditions):

• UAE government entities
• Government-controlled entities
• Businesses engaged in specific extractive or non-extractive natural resource activities within the UAE
• Qualifying public benefit entities
• Qualifying investment funds

Free Zones and Corporate Tax

Dubai is renowned for its vibrant free zones, which have historically offered tax benefits. The CT regime acknowledges the free zone structure. Businesses operating exclusively within a free zone with a valid tax incentive granted before June 1, 2023, will be exempt from CT. However, it's crucial to stay updated on any evolving regulations within specific free zones.

The Road Ahead

The implementation of CT signifies a new era for Dubai's business landscape. While some adjustments are inevitable, the UAE's commitment to maintaining its attractiveness for businesses remains strong. The competitive tax rate, focus on transparency, and streamlined compliance processes are positive indicators for Dubai's continued success as a global commercial hub.

Corporate Tax Rates

The UAE introduced a corporate tax system, where various rates apply, depending on the type of business. Here are all the important information your business needs to know:

1. Standard Corporate Tax Rate

A standard corporate tax rate of 9% in the UAE applies to companies that have taxable income exceeding AED 375,000.

This percentage applies to most firms that are situated either on the mainland or in free zones unless they qualify for exemptions or special tax regimes.

2. Low Corporate Tax for SMEs

Any business entity with a taxable income below AED 375,000 attracts 0% tax. This gives many businesses, especially startups, the chance to operate without the burden of corporate tax in their early stages.

3. Special Tax Treatment for Free Zone Businesses

Free zone companies in the UAE can be exempt from taxes or have reduced taxes if they meet the required level of local economic activity. Some free zone companies may enjoy tax holidays or lowered corporate tax rates but must register for compliance.

4. Natural Resource Companies

Extraction firms of natural resources like oil and gas will receive different tax rates depending on their specific agreements with the government, which could be tax-free.

5. Foreign Income and Capital Gains

Income from abroad and capital gains from qualifying subsidiaries or foreign branches shall be excluded, depending on specific conditions. It means that internationally operating businesses could have effective lower tax rates.

6. Tax on Certain Investment Income

Certain investment incomes, such as dividends or capital gains on approved shares, are tax-free in the corporate tax. However, requirements are imposed and companies must fulfill these conditions to receive the exemption from taxation.

Preparing for Corporate Tax Implementation: Steps for Compliance

It is very important for companies operating in the UAE to prepare the following key steps to ensure proper compliance with the corporate tax. Here's a simple checklist that will guide you through the process:

Steps for Compliance

1. Review and Update Financial Records

• Ensure the business keeps all financial records updated. They should include income statements, balance sheets, and cash flow reports.
• Keep track of all your income and expenditures regularly so that you are prepared to sort it well for easier completion of the tax form.

2. Conduct a Financial Audit

Get a financial audit (if needed) to ensure your records are accurate and comply with UAE tax laws. Auditing your books helps identify any issues that may need correction and prepares you if corporate tax filing is required.

3. Internal Training

Train your accounting and finance staff on the new corporate tax laws so they understand compliance requirements. Highlight the importance of accurate bookkeeping and attention to detail.

4. Set Up a Tax Filing System

 Implement a reliable system to manage and store tax records; therefore, all those documents will be arranged and easily available to file taxes.

5. Seek Professional Assistance

Ask some tax experts or lawyers that your business is properly set up for corporate tax. They may assist you in coming up with ways to save some of that money while passing the test of regulatory compliance.

Documentation and Record Requirements for Corporate Tax Filing

 To ensure a seamless corporate tax filing, businesses must maintain accurate documentation and records on their finances. Here's a list of the essential documents required for tax filing:

• Income Statement: A summary of your income and expenditure for the period, showing your net profit or loss.
• Profit and Loss Report: Detailed reports showing how your business fares tracking revenues, costs, and profits.
• Balance Sheets:  A snapshot of your business's assets, liabilities, and equity at any given time.
• Tax Returns from Previous Years: If applicable, any prior tax filings can be helpful for consistency and reference.
• Bank Statements: These statements will help verify income and expenses and allow reconciliations of your financial records.
• Accounts Payable and Invoices: Record all the invoices and receipts of the business enterprise for income and deductions.
• Salary Register and Employee Benefits: Maintain a record of the salary paid, employee benefits, and tax withheld if the unit has employees.
• Contracts and Agreements: Any business contracts or agreements and financial obligations that will affect your taxes.

Find out why documentation and record-keeping are essential in corporate tax filing.

Importance of Accurate Financial Reporting

Accurate financial reporting is vital for ensuring corporate tax compliance in the UAE. Here's why:

• Avoid Penalties: Mistakes or incomplete financial records cause heavy penalties. The tax authorities of the UAE are strict about tax filings, and any discrepancy may attract fines or legal penalties.
• Ensure Compliance: Proper bookkeeping ensures that your business is meeting all legal tax obligations. This includes submitting correct financial statements and tax returns on time.
• Transparency and Trust: Accurate financial reporting builds trust with regulators and others by showing transparency and accountability

Maintaining accurate records will ensure compliance with regulations and make tax filing easier, reducing stress and potential penalties while maximizing tax savings.

Corporate Tax Registration Process in the UAE

How to Register for Corporate Tax

1. Create an Account on EmaraTax: Visit the EmaraTax platform and sign up with your business details.

2. Complete the Registration Form: Fill in the required business information, including your business license, activities, and financial details.

3. Submit Documents: Upload documents like your business license, proof of address, and financial statements.

4. Obtain Your Tax Number: After processing, you’ll receive a tax number, necessary for compliance.

Timeline and Deadlines for Registration

• New Businesses: Register within 9 months from the end of the first financial year.
• Existing Businesses: Complete registration before the end of the financial year to avoid penalties.

Get all the details you need in our  Comprehensive Guide on Corporate Tax Registration in the UAE

Corporate Tax Filing in UAE

One of the fundamental responsibilities that all businesses have to ensure compliance with the country's tax regulations is filing corporate tax in the UAE. Understanding the filing process, payment procedures, and potential penalties for non-compliance is essential for avoiding fines and maintaining smooth operations.

1. Annual Filing Requirements

• Filing Frequency: The corporate tax return in the UAE is annual. Filing will based on the financial year of the business.
• Deadline for Submission: The tax return should be filed within the end of 9 months after your financial year has been closed. Applying this scenario, if your financial year closes at the end of December 31, the tax return must be filed by September 30 of the following year.
• How to file: The tax returns must be filed online using EmaraTax the official UAE portal for tax services. You can only file through EmaraTax if you open an account on it. it is user-friendly so you can easily file and submit your return online without trouble.

2. Corporate Tax Payment

• Payment Procedures: After you submit your tax return, you will receive a tax assessment. Based on the assessed amount, you need to make the payment. Make sure that you pay the correct amount of money, otherwise there will be penalty charges on top of that.
• Due dates: Generally, a tax payment is due 30 days from the date on which you receive an assessment of tax from the UAE Federal Tax Authority (FTA).
• Accepted Payments: Payments to EmaraTax can be made via bank transfer, or via credit/debit card, or any other online payment that the portal accepts.

3.  Filing Penalties for Non-Compliance

• Late Submission Penalties: If the taxpayer does not file the tax return by the deadline, FTA charges AED 1,000 for the first month and AED 1,000 for each following month, which adds up to a maximum of AED 20,000.
• In case a wrong return is submitted, one could be charged with misreporting fines. Penalties for incorrect filings can range from AED 2,000 to AED 50,000, depending on the severity of the mistake.
• Failure to register: if your business fails to register for corporate tax then you may face fines. So it is important to register and file it on time to avoid these fines.

For a complete overview, see our UAE Corporate Tax Filing Deadlines

Conclusion

Reysn Badger specialises in offering complete support and guidance to businesses in Dubai as they adapt to transformational technology such as CT.  Our expertise consists in understanding every part of the CT system and aligning them with your company objectives.

The introduction of CT in Dubai represents a significant development. By understanding the core aspects of the system and leveraging available resources, businesses can navigate this new landscape with confidence. Dubai's commitment to remaining a competitive and attractive business destination offers promising prospects for the future.