The United Arab Emirates (UAE) has emerged as a global hub for business and innovation, and a significant contributor to this success story is the strategic role played by Free Zones (FZs). These designated areas offer a multitude of advantages for businesses, making them particularly attractive for startups and established companies looking to expand their reach. One of those advantages is the 0% Corporate Tax structure for businesses with certain criteria operating in the Free Zones including Corporate Tax for Abu Dhabi Global Market (ADGM) including Al Reem Island and Dubai International Financial Centre (DIFC).

Before that, let’s glance at the other benefits of UAE Free Zones.

Why Choose a Free Zone in the UAE?

Compared to the UAE mainland, FZs provide a compelling environment for businesses to thrive. Here are some key benefits:

• Full Foreign Ownership: Unlike the mainland, FZs allow complete foreign ownership, eliminating the need for a local partner. This simplifies the set-up process and offers greater control for international investors.
• Streamlined Business Setup: Setting up a business in a Free Zone is a breeze. The process is fast, and efficient, and removes unnecessary bureaucratic hurdles.
• Premium Infrastructure: Free Zones boast state-of-the-art infrastructure, including advanced communication networks, business centers, and logistics facilities. This ensures a smooth operation and a competitive edge.
• Wider Legal and Commercial Options: FZs offer a wider range of legal and commercial structures for businesses to choose from, allowing for greater flexibility and customization based on specific needs.

The Corporate Tax in the UAE and Free Zone Advantages

The UAE’s recent implementation of a Corporate Tax regime acknowledges the critical role played by FZs in the nation’s economic growth. Recognizing this, the government offers a highly attractive benefit – a 0% Corporate Tax rate for qualifying Free Zone companies and branches (QFZPs) engaged in designated Qualifying Activities and transactions.

These Qualifying Activities typically involve:

• Business is conducted solely between QFZPs and Free Zone Persons (where the Free Zone Person is the ultimate beneficiary of the transactions).
• Specific activities performed within the designated geographical areas of a Free Zone or a specific zone for distribution activities.

Free Zone Perks: Unlocking the 0% Corporate Tax Rate in the UAE

So, you’ve set your sights on the UAE’s Free Zones (FZs) and their tempting offer of a 0% Corporate Tax rate. But hold on, there are a few hurdles to clear before you claim this. Here’s a breakdown of the key conditions you’ll need to meet to qualify as a Qualifying Free Zone Person (QFZP).

Who qualifies as a Free Zone Person?

First things first, you need to be a resident of the Free Zone. This means being a company whether it is holding, operational, or other types incorporated, established, or registered within a Free Zone. It can also be a branch of a non-resident company or even a UAE company that’s registered in a Free Zone. The important part is that only the qualifying income earned by your Free Zone business gets 0% tax treatment.

The substance is key: Proving your presence

The UAE wants to see a real commitment from you, not just a mailbox address in a Free Zone. You’ll need to demonstrate that you have a substantial presence within the zone. This means having enough employees, assets, and operational expenses to carry out your core business activities. Outsourcing is allowed, but only within the Free Zone and with proper supervision to ensure you’re still in control.

Where your income comes from matters

Not all income is created equal in the eyes of the UAE taxman. To qualify for the 0% rate, your income needs to come from approved sources:

Transactions within the Free Zone: But there’s a catch – they can’t be involved in excluded activities, and they must be the true beneficiaries of the transactions.

Qualifying Activities: Make sure your core business falls under the list of approved activities.

Qualifying Intellectual Property: Owning or exploiting intellectual property that meets specific criteria can also bring you a 0% tax advantage.

Other Income: If your non-qualifying income stays below the de minimis threshold (explained later), you’re still good to go.

Beware the Excluded List

Some income sources are strictly off-limits for the 0% tax rate. These include income from locations outside the Free Zone, unrelated property holdings, and intellectual property that doesn’t meet the qualifying criteria.

Choosing your tax path wisely

Don’t opt for the standard corporate tax regime if you want the 0% rate. This is a one-way street, and switching back to QFZP benefits comes with a four-year waiting period.

Playing by the Arm’s Length Principle

The UAE wants to ensure fair play – your Free Zone company’s profits should reflect its actual contribution, not some artificial arrangement with affiliated businesses. This is where the arm’s length principle comes in. If you have significant transactions with related parties according to the transfer pricing regulations, be prepared to maintain documentation that proves they were conducted at arm’s length.

Keeping the books in order

Regardless of your income level, audited financial statements are a must for QFZP status.

Corporate Tax De Minimis Rule: A little Non-Qualifying Income is okay

The UAE understands that starting a business might involve some non-qualifying activities. The de minimis rule allows QFZPs to have a small amount of non-qualifying income (the lower of AED 5 million or 5% of total revenue) without losing the 0% tax benefit.

The Free Zone Person’s non-qualifying income in a tax period is revenue derived from:

• Excluded Activities: Activities that do not meet the qualifying criteria.
• Activities with Non-Free Zone Persons: Transactions where the other party is not a Free Zone Person.
• Non-Beneficial Transactions: Transactions with a Free Zone Person where the Free Zone Person is not the beneficial recipient of the relevant services or goods.

By meeting these requirements, you can unlock the door to the UAE’s Free Zone tax haven and enjoy the benefits of a competitive business environment. Remember, staying informed and compliant is key to keeping your QFZP status and maximizing your tax advantages.

How can MS help you with Corporate Tax in the UAE?

MS can streamline your UAE Corporate Tax filing process, ensuring accuracy and efficiency. We have a team of experts well-versed in UAE tax regulations who can guide you through the entire procedure, from registration to filing. We’ll begin by thoroughly analyzing your company’s financial standing to accurately determine your taxable income, taking into account any applicable exemptions and deductions. By leveraging our expertise, you can save valuable time and resources by knowing your corporate tax filing is handled by professionals.

Disclaimer

Please be advised that the conditions specified in the register are subject to revisions based on any modifications made to the schedule of contraventions by the UAE authorities. These revisions may arise due to updates in regulatory requirements, policy amendments, or other factors deemed necessary by the UAE Government.