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In January 2022, the Ministry of Finance announced the implementation of Federal Corporate Tax (CT) on business net profits, effective from June 1, 2023. Corporate Tax, also known as Corporate Income Tax or Business Profits Tax, will apply to businesses starting from this date, with exceptions for certain exempt groups. This direct tax is levied on net income, with the UAE adopting a 9% rate, the lowest in the GCC, compared to the global minimum of 15% set by the G7 countries' agreement in 2021. The UAE’s decision to set the rate at 9% aims to mitigate the impact on entrepreneurs. Corporate tax applies to business entities, while individuals earning income without a commercial license are not subject to this tax.
In the UAE, corporate tax is structured as follows:
Importance of Corporate Tax in the UAE
The introduction of corporate tax in the UAE aims to foster a sustainable economy by enhancing corporate governance and bolstering the nation's economic strength. This tax policy is designed to position the UAE as a leading global business and investment hub, driving its development and transformation towards strategic goals. The corporate tax underscores the UAE's commitment to international standards for tax transparency and combating harmful tax practices.
Despite the introduction of corporate tax, the UAE remains a highly competitive market for conducting business globally. The UAE offers the lowest corporate tax rates compared to other major economies. For instance, France has a corporate tax rate of 26.5%, the United States has 21%, and India has rates of 25% for gross turnover up to INR 400 crore and 30% above that threshold. The Gulf Cooperation Council (GCC) countries have long attracted foreign investment due to their strategic locations and favorable tax rates. The UAE's lower corporate income tax rate further establishes it as an advantageous destination for global investments.
Scope of UAE Corporate Tax
Corporate tax in the UAE will apply to:
Certain entities are exempt from corporate tax in the UAE, including:
In January 2022, the UAE Ministry of Finance announced that Corporate Tax would be implemented at a standard rate of 9%. The tax structure is as follows:
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UAE-Sourced Income
Under the UAE Corporate Tax (CT) law, income is classified as UAE-sourced income based on certain criteria. This includes:
Residents are taxed on their worldwide income, including UAE-sourced income, while non-residents are taxed only on their UAE-sourced income and income related to their UAE PE or nexus.
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The UAE Corporate Tax Law introduces the concept of a "Qualifying Free Zone Person" (QFZP), which is defined as a free zone entity or branch that:
A QFZP is subject to corporate tax but may benefit from a 0% tax rate on qualifying income. Alternatively, a QFZP can opt to pay the standard corporate tax rate. Explore the advantages of the Qualifying Free Zone Person (QFZP) status with our Accounting Services. Our experts will guide you through the nuances of UAE Corporate Tax Law, ensuring compliance and helping you maximize the 0% tax rate on qualifying income. Don’t miss out on potential savings—partner with us today!
Tax Losses and Implications
Corporate income tax is applied when a company’s revenue exceeds its expenses. However, businesses may incur losses, particularly in challenging times, such as during the recent pandemic. Despite these losses, companies must still cover their overhead expenses. The treatment of tax losses is critical for fairness and financial planning, with various countries imposing limits on loss carryforwards. Tax losses can be valuable in acquisitions but are subject to specific rules to prevent misuse. Companies can use tax losses to offset past and future income, offering potential financial benefits.
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When calculating corporate tax (CT) in the UAE, consider the following essential points:
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Globally, corporate tax rates vary significantly. As of recent data, some of the highest corporate tax rates are found in countries like the United Arab Emirates, Brazil, and France. However, tax rates are subject to change, and it is advisable to consult with a tax professional for the most current information.
Corporate tax is a form of direct tax levied on the net income or profit of corporations and other businesses. In the UAE, corporate tax is being introduced to ensure that businesses contribute to the nation's economy. It is calculated based on the profit earned by the company after deducting allowable expenses.
Yes, free zone companies are generally required to register for corporate tax in the UAE. However, those that meet specific criteria, such as maintaining adequate substance and deriving income from eligible activities, may continue to benefit from the tax incentives offered by their respective free zones.
All businesses that earn taxable income above a certain threshold must register for corporate tax. This includes both onshore and free zone companies. It is essential to consult with a tax advisor to understand the registration requirements and compliance obligations specific to your business.
Individual investors in UAE real estate who do not conduct business activities may not be subject to corporate tax. However, if real estate activities are carried out as part of a business or on a commercial scale, corporate tax may apply. Specific cases should be reviewed by a tax professional for accurate assessment.
Yes, certain entities are exempt from UAE Corporate Tax, including government entities, government-controlled entities, extractive businesses (subject to existing Emirate-level corporate taxation), and non-extractive natural resource businesses. Additionally, qualifying public benefit organizations may also be exempt.
Foreign businesses operating in the UAE may be subject to corporate tax if they have a permanent establishment in the UAE or derive income from sources within the UAE. The tax implications for foreign businesses depend on the nature and scope of their activities in the UAE.
Small businesses may benefit from a small business relief, which provides certain exemptions and reduced tax rates under specified thresholds. This relief aims to support the growth of small enterprises. It is advisable for small businesses to consult with a tax advisor to determine their specific tax obligations.
Entities involved in oil and gas activities are typically subject to corporate taxation at the Emirate level under existing tax agreements. These businesses will continue to be taxed under the existing framework, separate from the new federal corporate tax regime being introduced in the UAE.
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