The UAE Federal Tax Authority (FTA) has released a comprehensive Corporate Tax Guide on the Taxation of Family Foundations, offering clarity on how these entities are treated under the UAE’s Corporate Tax regime. For families managing multi-generational wealth through foundations or trusts, this FTA guide on family foundations is essential reading.
From fiscal transparency to filing obligations and structuring flexibility, the new guidelines mark a significant step in positioning the UAE as a robust jurisdiction for succession planning and asset protection.
Annual Confirmation Filing: A New Mandatory Requirement in the Update FTA Guide on Family Foundations
One of the most significant requirements outlined in the FTA guide on family foundations is the Annual Confirmation Filing. Family Foundations, or juridical persons fully owned and controlled by them and treated as Unincorporated Partnerships, must file a confirmation with the FTA within 9 months of the end of each tax period. In multi-tier structures, either the foundation or each individual entity can submit the annual confirmation.
Important Deadlines:
- For tax periods ending on or before 31 March 2025, the deadline is 31 December 2025.
- For those aiming to benefit from the administrative penalty waiver for late registration, it is advisable to submit the annual confirmation by 31 July 2025, particularly for entities with a tax period ending 31 December 2024.
Other Key Takeaways from the FTA Guide on Family Foundations:
1. Option to Apply for Fiscal Transparency
Family Foundations that meet the conditions under Article 17 of the Corporate Tax Law can apply to the FTA to be treated as an Unincorporated Partnership, effectively becoming fiscally transparent. This status exempts the foundation from corporate tax, passing income through to the beneficiaries who then report it in their own tax filings (if applicable).
2. Unincorporated Trusts and Structuring Flexibility
By default, unincorporated trusts are treated as Unincorporated Partnerships under the UAE Corporate Tax Law, making them fiscally transparent. These trusts also have the option to elect treatment as a Family Foundation, which can be strategic—particularly when managing or controlling entities that hold assets or investments.
However, in certain cases, this election may not be necessary.
According to the FTA guide, if an unincorporated trust is automatically treated as an Unincorporated Partnership and wholly owns and controls a juridical person, and that juridical person meets the conditions under Article 17(1) of the Corporate Tax Law, the “wholly owned and controlled” condition is considered satisfied, even if legal ownership technically resides with the trustee(s).
This applies as long as the ownership and control chain is uninterrupted and made up entirely of fiscally transparent entities.
3. Inclusion of Wholly-Owned Entities
Entities wholly owned and controlled by Family Foundations (directly or indirectly) may also benefit from pass-through treatment if they are not engaged in commercial activities. These entities can also maintain different accounting periods, offering added operational flexibility.
4. Tax Implications for Beneficiaries
According to the FTA guide on family foundations, if a non-qualifying public benefit entity is a beneficiary, any taxable income (such as non-exempt dividends) should be distributed to the qualifying entity within six months from the end of the tax period. This underscores the importance of timely distributions.
5. Applicability to Foreign Foundations
The guide also explains how foreign foundations holding UAE assets to apply for fiscal transparency, subject to meeting UAE tax law requirements, strengthening the UAE’s global appeal for international families.
6. Disclosure and Reporting Requirements
Under the FTA guide on family foundations, only relevant entities, such as non-qualifying public benefit entities, are required to provide beneficiaries with sufficient information to assess their Corporate Tax obligations for each tax period.
There’s no requirement for Family Foundations to distribute income to family members or share details unless the income is taxable in the hands of the beneficiaries.
Regarding payments made to beneficiaries for services, these are deductible by the Family Foundation if conducted at arm’s length. However, the tax treatment of such income will be determined separately by each beneficiary and is not addressed within the guide.
The FTA Guide on Family Foundations: Strengthening Tax Transparency and Wealth Protection
The FTA guide on family foundations marks an important evolution in the UAE’s tax landscape, providing much-needed clarity for Family Foundations and similar structures. With fiscal transparency options, access to Free Zone tax benefits, and defined compliance expectations, the UAE further cements its reputation as a competitive jurisdiction for private wealth structuring.
At MS, we are committed to providing you and your family with bespoke wealth planning solutions, including the strategic establishment of DIFC Foundations, enabling you to unlock significant tax benefits and long-term asset protection.