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Avoid AED 10,000 Fine: Meet August 31st UAE Corporate Tax Deadline

The United Arab Emirates (UAE) business scene thrives on innovation and adaptability. But with that comes the ever-present challenge of keeping pace with regulatory changes. Businesses operating in the UAE need to stay informed about changing regulations, especially regarding taxation. The Ministry of Finance recently implemented a significant update impacting Corporate Tax registration. This update introduces a penalty for businesses that delay the registration process.

New Penalty for Late UAE Corporate Tax Registration

The UAE Ministry of Finance has introduced an administrative penalty of AED 10,000 for businesses that fail to register for Corporate Tax within the timeframe mandated by the Federal Tax Authority (FTA). This penalty applies to all businesses operating in the UAE, regardless of their VAT registration status, turnover threshold, geographical presence, or financial performance.

Streamline Your CT Registration: Ensure VAT Compliance Avoids Delays and Penalties

Businesses aiming to register for CT should be aware of the potential roadblocks caused by delays in finalizing VAT amendments. Because completing any outstanding VAT amendments is often a prerequisite for CT registration, any holdup in the VAT process can significantly impact your CT timeline. To avoid this frustration, it’s crucial to ensure your VAT profile is accurate and up to date. Inconsistencies between your VAT and CT information can trigger fines from both tax authorities. Common pitfalls to watch out for include misclassification of your legal business status, expired licenses that haven’t been renewed, and outdated details regarding authorized signatories for your company. By proactively addressing any discrepancies in your VAT profile and ensuring it reflects the most current information, you can streamline the CT registration process and avoid unnecessary delays or penalties.

Upcoming Deadline for UAE Corporate Tax

Existing Businesses:

ADGM companies incorporated in June of any year prior to 2024 have a critical deadline approaching. These businesses must complete their Corporate Tax registration by August 31st, 2024. Failure to comply by this date could result in significant penalties of up to AED 10,000.

Newly Formed Businesses:

For entities established on or after March 1st, 2024, the Corporate Tax registration process requires even greater attention to timelines. The latest directive from the Federal Tax Authority (FTA) mandates that new businesses (incorporated, established, or recognized) after this date, including those situated in Free Zones, must register for Corporate Tax within a strict three-month window from their incorporation, establishment, or recognition date.

Take action now with MS for UAE Corporate Tax Registration.

Regardless of the license issue date, it’s crucial for all entities to initiate the registration process promptly to avoid penalties and ensure compliance with the latest regulations. Understanding these updates and adhering to the specified deadlines is essential for businesses operating in the UAE. MS can be your partner in this journey to make your corporate tax registration seamless. Stay informed, stay compliant, and safeguard your business interests in the dynamic landscape of UAE taxation with MS.

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Step Up Your Game: All you need to know about DIFC’s Active Enterprises

The Dubai International Financial Centre (DIFC) took a significant step on July 15th, 2024, with the enactment of a new amendment in the existing Prescribed Company (PC) Regulations. This amendment expands and simplify the current regime in the DIFC, and the changes ensure that the companies are used as true holding company vehicles, rather than operational entities.

This landmark regulatory change aims to streamline investment processes and provide greater clarity for businesses operating within the DIFC. By strictly limiting PC activities to holding company functions, the center is ensuring a more focused and efficient investment environment.

To accommodate existing PCs and businesses seeking alternative structures, the DIFC has introduced transitional arrangements and a new commercial package, named “Active Enterprise” which provides flexible options and reduced fees for qualifying applicants seeking alternative structures with the option to have employees.

Let’s explore more about the DIFC Active Enterprises.

Understanding DIFC Active Enterprises

Previously, the DIFC’s Prescribed Company (PC) structure was primarily for passive holding companies. With the evolving business landscape, the DIFC recognized the need for a more versatile entity. Active Enterprises were introduced to fill this gap with the implementation of the new regulations.

An Active Enterprise is a private company that can be established by a qualifying applicant. Unlike PCs, Active Enterprises can:

  • Can employ staff.
  • Engage in proprietary investment activities.
  • Function as a holding company or managing office.

This broader scope allows for a wider range of business operations within the DIFC including activities across various sectors such as real estate, agricultural enterprises, management, and healthcare.

Key Benefits of DIFC Active Enterprises

Cost-Effective Setup: Establishing an Active Enterprise is relatively affordable. The DIFC charges a one-time application fee of US$ 100 and an annual commercial license fee of US$ 1,000. Additional costs may include Corporate Service Provider (CSP) fees for registered addresses and related services.

Flexible Address Options: An Active Enterprise has various address options. It can have its own DIFC office space, a co-working desk, share office space with a DIFC affiliate, or use an appointed DIFC corporate service provider, such as 10 Leaves, to provide a registered address.

Ability to Hire Employees: An Active Enterprise can hire employees, provided it secures office space. Visa allocations are generally calculated at 80 sq. ft. per visa.

Common Law Jurisdiction: The DIFC is a financial free zone with its own civil and commercial laws. It offers access to DIFC Courts, where proceedings are conducted in English under Common Law principles.

Quick Registration: In-Principal Approvals may be granted within three business days from the application submission. Establishing the legal structure of an Active Enterprise with the DIFC Registrar of Companies typically takes 3-5 working days.

Globally Competitive and Attractive Tax Regime: An Active Enterprise may qualify for zero tax, with the maximum tax liability being 9%.

Transfer of Domicile: The DIFC allows for the domicile of incorporated companies to and from the DIFC.

Other Advantages: No attestations are required for corporate documents, there are zero currency restrictions, 100% foreign ownership is permitted, and there are no restrictions on capital repatriation.

Types of Activities Allowed in DIFC Active Enterprise

Active Enterprises can be structured in three primary ways:

  1. Holding Companies: These entities primarily hold shares or equity in other companies to exert control or influence over their management.
  2. Managing Offices: Acting as strategic and organizational decision-makers, managing offices oversee other company operations. They can also provide services to their group, such as treasury, IT, and administration.
  3. Proprietary Investment Companies: These companies invest their funds in various commercial activities like transport, contracting, and financing. They can also manage subsidiary companies.

Who Can Establish a DIFC Active Enterprise?

  1. A DIFC Registered Entity other than a Prescribed Company, Foundation and a Non-Profit Incorporated Organization
  2. Controlling shareholder or UBO of a DIFC Registered Entity, other than a Prescribed Company, Foundation and a Non-Profit Incorporated Organization.

3. A Government Entity – which means any of the following:

  (a) the Federal Government, the government of Dubai or the government of any Emirate.

 (b) a person in which a government entity listed above owns (directly or indirectly) an interest of at least twenty-five percent (25%) (or such other percentage approved by the Board of Directors of DIFCA).

 (c) Controlled by a government entity listed above.

  1. A Family Operated Business.

Setting Up a DIFC Active Enterprise

The process involves:

  1. Document Preparation: Comprehensive Know Your Customer (KYC) verification of shareholders and directors is conducted, along with the compilation of necessary documentation.
  2. Registered Address: This can be a physical address at the DIFC or can be provided by a CSP and Registered Agent. Do note that Active Enterprise will not be able to apply for visas if it uses a registered address provided by a CSP.
  3. Initial Submission: Submission of the completed application to the DIFC Registrar of Companies.
  4. Regulatory Review: Evaluation of the submitted application by the DIFC, including potential requests for additional information or clarifications.
  5. Legal Documentation: Drafting of essential legal documents such as resolutions and articles of association.
  6. Final Approval: Receipt of final approval from the DIFC, officially establishing the Active Enterprise.
DIFC is Ready. Are You?

The introduction of Active Enterprises marks a significant step forward for the DIFC. By offering greater flexibility and reduced barriers to entry, the DIFC aims to attract a wider range of businesses and solidify its position as a leading international financial center.

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How to fulfill De Minimis Requirements for achieving 0% Corporate Tax in UAE Free Zones

Imagine building a thriving business in a tax-free jurisdiction. Sounds ideal, right? For Free Zone Persons in the UAE, this dream can be a reality. 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. To qualify for this tax advantage, certain criteria must be met, including the fulfilment of the De Minimis Requirements.

The De Minimis Requirements

Think of the de minimis rules as walking a tightrope. One wrong step, and you risk losing your tax-free advantage. It’s crucial to balance your income streams to avoid exceeding the de minimis threshold.

Let’s break down these rules and guide you through this challenging landscape.

If a Free Zone Person generates income outside the defined rules of the 0% Corporate Tax rate on Qualifying Income, it will cease to be considered a QFZP unless it meets the de minimis rule.

Revenue not included for De Minimis Requirements

This standard focuses on revenue that arises from transactions with a foreign permanent establishment. The income of a Domestic Permanent Establishment refers to the total income of the foreign company linked with a Domestic Permanent Establishment. It includes:

  • Income from immovable property situated in a free zone (excluding income from the use of land and buildings used for commercial purposes in a free zone for business operations through an agent in the zone when that income is derived from a transaction with a free zone person).
  • Income from intellectual property, excluding qualifying income.

De Minimis Requirements: Tax Implications of Excluded Revenue/Earnings

Income from these sources will be subject to a 9% Corporate Tax rate, unless it is classified as Exempt Income under the Corporate Tax Law. The de minimis rules permit a Free Zone Person to earn a minor percentage of income from Excluded Activities and ineligible sources while still retaining QFZP status, provided the de minimis rule criteria are satisfied.

Understanding the De Minimis Requirements

  1.  De Minimis Threshold

To qualify for the 0% corporate tax rate, a Free Zone Person (FZP) must meet the de minimis threshold. This is calculated as the lower of:

  • 5% of the FZP’s gross income for the tax period
  • AED 5,000,000
  • Revenue Classification

To determine de minimis compliance, an FZP must carefully classify its revenue.

  • Total Revenue: This encompasses all income received during the tax period, excluding contributions from permanent foreign establishments, permanent domestic establishments, and real estate income (except commercial property rentals within the free zone to other FZP’s).
  • Non-Qualifying Income: This includes revenue from:
    • Transactions with non-free zone entities or for non-qualifying activities
    • Transactions with non-beneficial free zone recipients

By accurately categorizing revenue, FZP’s can calculate their non-qualifying income and determine if they meet the de minimis criteria.

Profit Attribution and Exempt Income

Determining the profit attributable to a permanent establishment, whether domestic or foreign, is based on the Arm’s Length Principle. Notably, income generated by exempt persons, such as those in the extractive industry, is excluded from these calculations as they fall outside the scope of the Corporate Tax Law.

Consequences of Non-Compliance

If an FZP fails to meet the de minimis requirements, it will lose its qualifying status and become subject to the standard corporate tax rate of 9%. This change takes effect from the beginning of the tax period and lasts for four years.

To maintain their tax-advantaged position, FZP’s must diligently manage their income streams to ensure non-qualifying income remains below the de minimi

s threshold. By adhering to these guidelines, businesses can avoid the significant tax implications of non-compliance.

UAE Corporate Tax Made Easy with MS

Don’t let the new UAE Corporate Tax system hinder your business growth. MS offers expert tax solutions to streamline the process. Our team of professionals will handle everything from registration to filing, ensuring accuracy and compliance. By entrusting your corporate tax matters to us, you’ll gain valuable time and resources to focus on what truly matters – expanding your business.

Disclaimer: 

Content posted is for informational & knowledge sharing purposes only and is not intended to be a substitute for professional advice related to tax, finance, legal, compliance or accounting. No warranty whatsoever is made in this regard, and it is not intended to provide and should not be relied on for tax/finance/legal/compliance or accounting advice. The content posted is subject to future amendments / changes / clarifications in the regulation by the authorities. For any clarifications, you may contact our finance, tax, compliance, legal team.

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Shaping Economic Progress: A Glance at Dubai’s Tech Sector in H1 2024

120 km/h — that’s the highway road speed limit in Dubai. However, this speed is not confined to the roads; the word “speed” can be synonymous with Dubai itself. The city is more than just a haven of skyscrapers, luxury, and exotic desert landscapes. Its drive for speed and innovation extends well beyond its highways. Through strategic diversification plans, Dubai has emerged as a global tech hub, heavily investing in technology and innovation.

This rapid pace of advancement is reflected in the Emirate’s economic performance. In the first quarter of 2024, Dubai’s GDP grew by 3.2%, a result of substantial investments in emerging technologies. This growth underscores the effectiveness of Dubai’s diversification strategy, which is shifting the focus from oil-dependent revenue to a robust, knowledge-based economy.

The contributing tech factors

DIFC – for all your innovation needs

In a world where innovation is no longer an option but a necessity, the Dubai International Financial Centre (DIFC) has been calling up startups, entrepreneurs and technology firms to get their Tech Innovation License. With subsidized commercial license options, the businesses can have access to DIFC’s exclusive co-working space, and flexi desk.

The DIFC Innovation Licence has built the region’s largest innovation hub, with over 850 firms. By offering a 90% discount on licenses and a flexible platform, it has made the DIFC the go-to marketplace for cutting-edge businesses.

Other freezones

The Dubai Silicon Oasis Authority and other free zones are boosting tech companies, from startups to global giants, with top-notch infrastructure and support. These zones offer perks like 100% foreign ownership, tax breaks, and easy access to markets across the Middle East, Africa, and beyond.

Govt tech initiatives

Dubai Chamber of Digital Economy

The Dubai Chamber of Digital Economy is really boosting the tech scene in Dubai. In the first half of 2024, they helped 215 promising digital startups get started and grow, which is a huge 212% increase from last year. These startups now have a combined market value of about $7 billion. The chamber also trained 243 Emiratis through its ‘Create Apps in Dubai’ program, which shows their commitment to developing local talent. They organized 12 international roadshows to promote Expand North Star, the biggest global event for startups and investors. Plus, they took part in 15 other events, both locally and internationally, to keep pushing Dubai as a top tech hub.

DUB.AI

The Dubai’s Universal Blueprint for Artificial Intelligence was launched as a part of the D33 agenda to increase the emirates economic productivity by 50 per cent. DUB.AI is set to enhance Dubai’s quality of life and well-being through Artificial Intelligence. The plan kicks off with the appointment of Chief A.I. Officers in all government entities. Along with this, a new program will be introduced to attract and support data centres, and a special A.I. company license will be rolled out as a part of this initiative.

The plan is designed to create the best environment for A.I. companies and global talent by improving business operations, offering advanced tech infrastructure, and providing a flexible legal framework. This will help A.I. companies grow, spread the benefits of A.I., and drive progress for a better future.

With a range of proactive initiatives taken by the government, Dubai is poised to continue its pioneering role in the tech sector and remain an attractive destination for tech talent. The city’s rapid advancements in AI, e-commerce, and fintech are not only propelling its own technological growth but also catalyzing significant changes in related industries. This ripple effect creates numerous job opportunities and attracts top talent from around the world, further solidifying Dubai’s position as a leading force in shaping the future of technology on a global scale.

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DIFC Employment Law Update: Big Wins for UAE/GCC National Employees!

The Dubai International Financial Centre (DIFC) is a hive of ambition and opportunity. As a global financial hub, it attracts some of the brightest minds from around the world. Imagine sleek skyscrapers, vibrant networking events, and a dynamic work culture that pushes boundaries. But beyond the glamour, there’s a focus on providing a well-rounded experience for professionals.

That’s where the DIFC’s Employment Law comes in. This legal framework ensures fair treatment, competitive benefits, and a healthy work-life balance for all employees. Recently, in March 2024, the DIFC introduced some key amendments through DIFC Law No. 1 of 2024. Let’s delve deeper into these changes and explore how they further enhance the already impressive work life offered by the DIFC.

According to the recent amendment, DIFC employers must now make “top-up” payments to retirement schemes for their GCC national employees if the standard social security contributions are lower than what they would have received under the old law. This ensures GCC nationals get comparable benefits to non-GCC nationals. The law also covers situations where sanctions prevent contributions, requiring employers to accrue benefits until the sanctions are lifted. Finally, the update strengthens regulatory oversight within DIFC.

Good news for UAE/GCC national employees!

The new law requires DIFC employers to make top-up contributions into a Qualifying Scheme for eligible UAE/GCC national employees. This ensures they receive benefits comparable to non-UAE/GCC nationals, who are subject to mandatory Qualifying Scheme contributions.

How it works:

  • Employers will need to compare the Core Benefits that would be paid to a non-UAE/GCC national with the pension contributions currently being made to the GPSSA on behalf of the UAE/GCC national employee.
  • If there’s a gap (meaning the Core Benefits are higher than the GPSSA contributions), a top-up payment must be made to a Qualifying Scheme.
  • There’s a minimum top-up threshold of AED 1,000 per year for eligible employees.
  • Not complying with this can lead to penalties of up to USD 2,000 per employee.

End-of-service gratuity for sanctioned individuals

The law also clarifies how to handle end-of-service gratuity for employees classified as “Sanctioned Persons” (by the UN, UAE, or any entity managing the Qualifying Scheme). In such cases, employers must accrue these benefits until the sanction is lifted or the employment ends, whichever comes first. Once clear, the employer must transfer the accumulated amount to a Qualifying Scheme or directly to the employee.

What’s next?

  • DIFC employers should review their payroll practices to assess if top-up contributions are needed for their UAE/GCC national employees.
  • For employees impacted by sanctions, employers should start accruing their end-of-service gratuity separately. They are not liable for any investment gains or losses during this period.

Here’s a breakdown of how the DIFC law changes promote fairness, ensure compliance, and benefit businesses:

Fairness:

  • Equal End-of-Service Benefits: The “top-up” payments ensure GCC nationals receive retirement benefits comparable to non-GCC nationals, even though they contribute to a different social security system (GPSSA). This eliminates discrimination based on nationality.
  • Sanctions Protection: The law protects employees even during international sanctions. By requiring employers to accrue benefits during these periods, employees don’t lose out due to factors beyond their control.

Compliance:

  • Clearer Regulations: The amendments address specific scenarios like sanctions, providing clear guidelines for employers to follow. This reduces confusion and the risk of non-compliance.
  • Enhanced Oversight: Expanded powers for the RoC mean stricter enforcement of business regulations. This discourages non-compliance and promotes a fair and transparent business environment.

Benefits for Businesses:

  • Reduced Risk: Clearer regulations and stronger enforcement minimize the risk of legal issues for employers.
  • Talent Attraction & Retention: Offering competitive benefits like equal end-of-service helps DIFC businesses attract and retain skilled GCC nationals.
  • Reputation Boost: Following fair labor practices and complying with regulations enhances a company’s reputation, making it a more attractive employer.

Overall, these changes promote fairness and ensure compliance for DIFC businesses. By taking these steps, DIFC businesses can operate with greater confidence, attract top talent, and contribute to a more stable and fair business environment within the free zone.

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Global Green Leadership: UAE’s Financial Innovation in Sustainability

Who predominantly leads in environmental sustainability and climate actions across the Gulf region? Further out in the desert rises the UAE. Beyond the oil riches and iconic skyscrapers, the UAE is really diving into a journey towards a greener future.

Have you ever wondered how can human settlement make sense in such place? It all comes down to the UAE’s strong commitment to sustainability. The recent study shows that the major cities of the emirates have shifted their long-term focus to sustainability, elevating the nation as a global advocate for environmental stewardship. With the COP28 on the list, the Emirates is outshining the other GCC countries in key areas of environmental progress and sustainability.

UAE’s action towards sustainability

The government is already big on green investment, innovation, and technology, but they’re nudging businesses to get even more creative in these areas. The country excels in infrastructure and transport with substantial investments in mass transit, electric vehicle charging networks, and cleaner port facilities. It has strengthened climate financing regulations and implemented rigorous net-zero reporting and monitoring measures.

There is no pause; the country has also committed $54 billion to renewable energy sources by 2030, taking long steps in clean energy investments. Additionally, the UAE’s pledge of $30 billion to help developing nations transition to clean energy underscores its leadership in regional sustainability efforts.

IFC’s Driving Sustainable Finance Revolution in the UAE

DIFC

The Dubai International Financial Centre’s Sustainable Finance Framework is pivotal for raising capital dedicated to impactful and sustainable projects within its precincts, solidifying its leadership in sustainable finance across the region. By emphasizing transparency and disclosure, DIFC not only showcases proactive measures but also aligns closely with the United Nations Sustainable Development Goals. This framework is instrumental in promoting consistent finance flows essential for sustainable development, reinforcing DIFC’s role as a global financial center committed to driving positive environmental and social change.

ADGM

The Abu Dhabi Global Market’s Sustainable Finance Regulatory Framework enhances its standing as a leading hub for sustainable finance activities. This comprehensive framework includes regulations for sustainability-focused investment funds, bonds, and managed portfolios, alongside mandates requiring ADGM companies to disclose their environmental, social, and governance (ESG) practices. These initiatives are poised to accelerate the development of a robust sustainable finance ecosystem in the region. Furthermore, they play a crucial role in advancing the UAE’s ambitious goal of achieving net zero greenhouse gas emissions.

COP28 – The breakthrough deal in sustainability

COP28, held in Dubai, was a pivotal moment for global climate efforts, culminating in the UAE Consensus—an ambitious framework for sustainable development.

A year since its inception, COP28 continues to make waves. At the eighth Ministerial on Climate Action, Dr. Sultan Al Jaber, COP28 President, underscored the pressing need of putting the UAE Consensus into action for sustainable development. Highlighting significant strides, such as PetroChina’s commitment to emissions reductions, the event underscored increasing global participation in climate action. This is calling upon the nations to strengthen their climate plans, emphasizing the transformative potential of AI in advancing clean energy solutions. Also highlights the need for infrastructure upgrades to meet future challenges sustainably.

Discussions centered on financial reforms crucial for supporting these critical climate initiatives, reflecting COP28’s ongoing commitment to catalyzing global efforts towards a sustainable and resilient future. This ongoing dialogue not only reaffirms the importance of COP28’s outcomes but also underscores the collective responsibility to achieve meaningful progress in addressing climate change.

ALTÉRRA – Redefining corporate sustainability

During COP28, the UAE introduced ALTÉRRA, a US$30 billion initiative in partnership with BlackRock, Brookfield, and TPG. ALTÉRRA aims to mobilize $250 billion for global climate action by catalyzing private finance. It focuses on reducing barriers to investment in under-invested markets such as least developed countries and Small Island Developing States. ALTÉRRA prioritizes energy transition, industrial decarbonization, sustainable living, and climate technologies, aiming to significantly impact global efforts against climate change. It isn’t just shaping the future of green finance, but it’s reshaping our view on the investment itself.

Saudi Arabia’s Green Initiatives

Saudi Arabia’s green financing framework marks a big leap towards sustainability and their goal of achieving net-zero emissions through a circular carbon economy. This framework isn’t just paperwork—it’s a game changer. By laying out clear policies and investment strategies focused on sustainability and preserving the environment, it’s paving the way for investors and businesses across different sectors to get on board. This move shows that the Kingdom is serious about backing up its green ambitions with financial muscle, which not only helps Saudi Arabia but also contributes to the global fight against climate change. It’s a big step towards fulfilling Saudi Vision 2030, ensuring sustainable policies, smart investments, and building eco-friendly infrastructure.

In the UAE, sustainability is not just a trend but a transformative force shaping the future of the nation’s economy and society. By prioritizing energy efficiency and sustainability across sectors, UAE firms are not only differentiating themselves but also creating substantial operational value. They play a key role in innovating solutions for sustainability challenges, with the power to fuel the diversification agenda like no other. As we look ahead, it’s clear: the UAE’s sustainability will not only shape but redefine the future of its trade.

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M&A in Tech Industry: Key Trends and Strategic Moves in 2024

The tech industry is poised for a huge transformation in 2024. Just as the dot-com bubble burst paved the way for industry giants like Google and Amazon in the late 90s, the recent economic headwinds have created a ground for strategic acquisitions. The $69 billion acquisition of Activision Blizzard by Microsoft stands as a testament to this trend, marking a bold move into the gaming industry.

As we try to understand this landscape shaped by inflation, rising interest rates, and geopolitical tensions, the technology sector is experiencing a resurgence of M&A activity. Let’s delve into the key trends driving this dynamic environment.

  • Pent-up Demand: With a receding recession threat, stabilized inflation, and abundant capital, the stage is set for a surge in technology, media, and telecommunications M&A. Corporates are leading the charge, with a notable uptick in mega-deals. Private equity firms, under pressure to deploy capital, are expected to re-enter the fray in the latter part of the year.
  • IPO Resurgence: A buoyant equity market, coupled with improved IPO performance, is signaling a potential revival of the IPO market. While the first quarter of 2024 saw a slowdown, larger IPOs, particularly in the technology sector, indicate a promising trend.
  • AI as a Catalyst: The AI revolution is driving significant investments rather than outright acquisitions. Tech giants like Google, Meta, Microsoft, and Amazon are pouring billions into AI infrastructure, fueling innovation and competition.

M&A in Tech industry: Sector-specific trends

Technology:

  • Strategic Mega-Deals: Corporates are back in the game with a focus on executing growth strategies. The year has already witnessed a surge in mega-deals, setting the stage for a potentially active second half.
  • IT Services Consolidation: Economic headwinds and cost pressures have led to a slowdown in IT services M&A. However, the sector is expected to stabilize as market conditions improve.
  • Semiconductor Dealmaking: Regulatory scrutiny and supply chain resilience are taking precedence over M&A in the semiconductor industry. While deal activity is muted, strategic acquisitions like NVIDIA’s purchase of Run:ai highlight potential opportunities.

Entertainment and Media:

  • Distressed Assets and Restructuring: The industry is undergoing a transformation as companies shift focus from linear models to digital platforms. This is creating opportunities for strategic M&A.

Telecommunications:

  • Delayering and Consolidation: Telecommunication sector is optimizing portfolios and focusing on core competencies through asset sales and mergers. This trend is expected to continue, with infrastructure funds showing keen interest in network assets.
  • Cross-Border Deals: The sector is reassessing its global footprint and exploring opportunities to optimize their portfolios through cross-border transactions.

M&A in Tech industry: What’s next for 2024?

Embrace Complexity

  • Build a Strong Team: Assemble a cross-functional team with expertise in various areas, including legal, finance, operations, and technology.
  • Develop a Comprehensive Plan: Create a detailed roadmap outlining the deal’s objectives, timeline, and potential challenges.
  • Manage Stakeholder Expectations: Effectively communicate with employees, shareholders, customers, and regulators to build trust and support.

Focus on Outcomes

  • Define Clear Goals: Clearly articulate the desired outcomes of the deal, such as market expansion, cost reduction, or technological advancement.
  • Identify Synergies: Analyze how the target company can complement existing operations and create value.
  • Measure Success: Develop key performance indicators (KPIs) to track the deal’s performance and ensure it delivers the expected results.

Position for Long-Term Growth

  • Align with Corporate Strategy: Ensure the acquisition fits with the company’s overall strategic direction.
  • Build a Strong Integration Plan: Develop a comprehensive plan for integrating the target company’s operations, culture, and systems.
  • Foster Innovation: Encourage collaboration between the two companies to generate new ideas and products.

Recognize Transformational Opportunities

  • Identify Disruptive Technologies: Seek out targets that possess cutting-edge technologies or business models.
  • Adopt Cultural Transformation: Be prepared to adapt the company culture to accommodate the acquired business.
  • Leverage Talent Acquisition: Use M&A as an opportunity to acquire top talent and build a stronger workforce.

2024 is shaping up to be a pivotal year for the tech industry, marked by a resurgence of M&A activity and a renewed focus on growth. The confluence of pent-up demand, a stabilizing economy, and the allure of AI is driving strategic deal-making across sectors. While challenges persist, such as economic uncertainties and regulatory complexities, the overall outlook of M&A in tech industry is optimistic in 2024.

MS for M&A in tech industry

The tech industry is undergoing a transformative period, marked by strategic alliances and acquisitions. As the landscape evolves, understanding complex deals requires a strategic partner. MS offers a unique blend of industry expertise and strategic guidance to help tech companies unlock their full potential through M&A. Our services, including valuation and due diligence ensures seamless deal execution and maximum value creation. Let us make the deals work for you.

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CT for ADGM Free Zone: What’s new in Corporate Tax for Al Reem Island Businesses

The Abu Dhabi Global Market (ADGM) is making headlines again with a significant fee reduction for non-financial and retail licenses. Starting January 1st, 2025, businesses can expect cuts of 50% or more! This strategic move aims to streamline the transition of Al Reem Island businesses after its incorporation into the ADGM free zone last year. By revising costs, ADGM hopes to attract a wider range of companies to the region.

The transition of Al Reem island businesses from a mainland to a free zone like ADGM with world-class infrastructure and unparalleled global connectivity offers a lot of advantages. One among these is the corporate tax benefits. Previously under mainland regulations, Al Reem Island businesses couldn’t access the tax benefits of a free zone. Now, with their inclusion in ADGM, everything changes. As a free zone, ADGM boasts a 0% Corporate Tax rate for qualifying activities. This translates to significant tax savings for businesses operating within ADGM, known as Qualifying Free Zone Persons (QFZPs).

The tax advantages extend to:

  • Transactions between QFZPs and other Free Zone Persons (where the other party benefits).
  • Certain activities conducted within the designated free zone areas (including designated distribution zones).

Corporate Tax for Al Reem Island Businesses: Key Requirements

  • Physical Presence: To qualify for ADGM FZ benefits in Al Reem Island, companies must demonstrate a substantive operational footprint. This necessitates maintaining a physical office with dedicated employees, operational equipment, and sufficient expenditure to support your core business activities. While outsourcing is permitted, it must be confined within the Free Zone (Al Reem and Al Maryah Island combined) and conducted with proper oversight to ensure effective control over the outsourced tasks.
  • Qualifying Income Sources: To qualify for the 0% tax rate, the Al Reem Island business must generate income from approved sources:
    • Free Zone Transactions: The majority of your income should stem from transactions conducted entirely within the Free Zone (Al Reem and Al Maryah Island combined). However, these transactions must be out of a specific list of excluded activities, and the company must be the demonstrably true beneficiary of the transactions.
    • Approved Activities & Intellectual Property: Ensure the primary business activities align with the list of government-approved endeavors within the Free Zone (Al Reem and Al Maryah Island combined). Additionally, ownership or utilization of intellectual property that meets the designated criteria can contribute to your eligibility for the 0% tax benefit.
    • De Minimis Rule: The UAE acknowledges that establishing a new business may involve some non-qualifying activities initially. The de minimis rule allows Al Reem Island FZ companies to maintain a limited amount of non-qualifying income (the lower of AED 5 million or 5% of total revenue) without jeopardizing the 0% tax advantage.

Excluded Income Sources for Al Reem Island Businesses:

Certain income sources strictly disqualify an Al Reem Island business from the 0% tax rate. These include:

  • Income generated from outside the Free Zone geographical boundaries.
  • Revenue derived from unrelated property holdings.
  • Income from intellectual property that does not satisfy the qualifying criteria.

Corporate Tax for Al Reem Island Businesses: Compliance and Considerations

  • Standard Corporate Tax vs. Free Zone Benefits: Opting for the standard corporate tax regime automatically disqualifies the Al Reem Island business from the 0% Free Zone tax rate. Reverting back to the Free Zone benefits after this switch comes with a significant waiting period of four years.
  • Arm’s Length Principle: The UAE upholds fair market practices. Transactions between your Al Reem Island FZ company and affiliated businesses should be conducted at arm’s length, reflecting a fair market value for the goods or services exchanged. Documentation demonstrating adherence to this principle is crucial if you have significant transactions with related parties.
  • Financial Recordkeeping: Regardless of your income level, maintaining audited financial statements is a mandatory requirement for retaining your Al Reem Island FZ corporate tax benefits.

By adhering to these essential guidelines, Al Reem Island businesses can unlock the significant advantage of a 0% corporate tax rate and flourish within the ADGM’s dynamic and competitive Free Zone environment.

How can MS help you with Corporate Tax Registration?

MS helps businesses by simplifying the UAE Corporate Tax filing process, ensuring precision and effectiveness. Our team will expertly guide you through every step, from registration to submission. Starting with a comprehensive analysis of your company’s financial position, we’ll accurately assess your taxable income, considering relevant exemptions and deductions. With our support, you can save time and resources, confident that your corporate tax obligations are managed by knowledgeable professionals.

If your existing Al Reem Island business is confused regarding the free zone status after the transition to ADGM, await for our upcoming articles as we break down this for you.

Categories
Blogs

From DCF to EBITDA Multiples: Here’s how you can pick the Best Business Valuation Method

Have you ever looked at a company and wondered, “What is it truly worth?” Business valuation is the art of uncovering this hidden treasure, a crucial step for both buyers and sellers in the business world. But with so many methods out there, how do you choose the right one?

Let’s explore more about business valuation, equipping you with the knowledge to confidently select the most suitable method for any situation.

The Significance of Business Valuation

Understanding a company’s true value is key for several key reasons:

  • Mergers and Acquisitions (M&A): It ensures you pay a fair price for the target company, preventing overpayment or leaving money on the table.
  • Selling Your Business: It helps you command the maximum value for your years of hard work and investment.
  • Strategic Planning: It empowers you to make informed decisions about your company’s future growth trajectory.

Types of Business Valuations

There’s no magic formula for business valuation. The most effective method hinges on the specific company and its circumstances. Here’s a breakdown of some popular methods and the situations where they excel:

1. Discounted Cash Flow (DCF)

  • What it is: DCF is a popular method that estimates the present value of all the cash flow a company is expected to generate in the future. It considers the time value of money, meaning a dollar today is worth more than a dollar tomorrow.

    Strengths:
  • It focuses on a company’s future earning potential, which is a crucial indicator of value.
  • Relatively flexible, allowing adjustments for growth rates, discount rates, and capital expenditures.

    Weaknesses:
  • Relies heavily on accurate forecasts of future cash flows, which can be subjective and prone to error.
  • Requires a significant amount of financial data and complex calculations.

Best suited for: Companies with stable and predictable cash flows, such as established businesses in mature industries.

2. Capitalization of Earnings (Cap Rate Method)

  • What it is: This method builds on DCF by taking a company’s stabilized earnings (average earnings over a period) and dividing it by a capitalization rate (a rate of return expected by investors).

    Strengths:
  • Simpler to apply compared to DCF, requiring less data and complex calculations.
  • Useful for companies with consistent earnings growth patterns.

    Weaknesses:
  • Ignores the time value of money and future growth prospects beyond the stabilized earnings period.
  • Relies heavily on the chosen capitalization rate, which can be subjective.

Best suited for: Companies with a history of stable earnings and limited future growth expectations.

3. EBITDA Multiple: A Benchmarking Approach

  • What it is: This method multiplies a company’s Earnings Before Interest, Taxes, Depreciation, and Amortization (EBITDA) by an industry-specific multiple. The multiple reflects the average price-to-EBITDA ratio paid for similar companies in recent transactions.

    Strengths:
  • Quick and easy to apply, requiring readily available financial data.
  • Provides a benchmark for comparison with industry peers.

    Weaknesses:
  • Doesn’t account for a company’s specific financial structure (debt, capital expenses).
  • Relies on the accuracy and representativeness of the chosen industry multiple.

Best suited for: Companies operating in industries with readily available comparable transactions and similar financial structures.

4. Revenue Multiple: A Top-Line Perspective

  • What it is: This method multiplies a company’s revenue by a predetermined multiple based on industry benchmarks.

    Strengths:
  • Straightforward to apply, especially when EBITDA is unavailable.
  • Useful for companies in early stages where profitability may not yet be established.

    Weaknesses:
  • Doesn’t consider a company’s profitability or efficiency (revenue doesn’t translate directly to cash flow).
  • Industry multiples can vary significantly depending on growth potential and market conditions.

Best suited for: Early-stage companies, subscription-based businesses (SaaS), or industries where revenue growth is a primary valuation driver.

Selecting the Right Method for Your Business Valuation

Choosing the optimal valuation method requires careful consideration of several factors:

  • Available Information: Some methods, like DCF, require extensive financial data, while others rely on simpler metrics.
  • Company Type: An asset-light company shouldn’t be valued solely on its net assets. Similarly, a brand-centric company might not benefit as much from DCF compared to a method that considers brand value.
  • Company Size: Generally, larger companies have more valuation options at their disposal, while smaller companies with limited financial data may have fewer choices.
  • Economic Environment: During economic booms, it’s wise to adopt a conservative approach to valuation, acknowledging that economic cycles are cyclical.
  • End User Needs: Understanding their priorities is crucial for selecting the most relevant method like whether they primarily interested in acquiring a company’s tangible assets or its future cash flow generation potential

MS: Empowering Informed Decisions Through Expert Business Valuation in the UAE

At MS, we understand the critical role business valuation plays in securing the most favourable outcomes for your company. Our team of valuation specialists is equipped with the knowledge and experience to implement a range of valuation methods, ensuring we select the approach that best reflects your company’s unique characteristics and industry. Whether you’re considering a merger or acquisition, raising capital, or simply gauging your company’s current standing, we provide comprehensive valuations that go beyond just numbers. We translate complex financial data into actionable insights to make the deals work for you.


Still confused about how valuation works? Unsure which method to choose for your business? Getting the right valuation is crucial to maximizing your profit. Dive into our article to get more insights on what is valuation and why should you value your business. Click Here

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News & Press Releases

ADGM announces fee revision for non-financial and retail licenses effective from 2025

The Abu Dhabi Global Market (ADGM) has announced a significant reduction in its existing commercial license fees as part of its ongoing support for businesses transitioning to Al Reem Island. The new fee structure will take effect from 1st January 2025, featuring substantial reductions of 50% or more for obtaining non-financial and retail licenses within its jurisdiction.

Revised non-financial and retail license fees – key updates

The initiative’s intention is to enhance ADGM’s business ecosystem making it accessible and attractive for various businesses. Under the revised schedule:

  1. Registration fees for new businesses in the non-financial category will be reduced from $10,000 to $5,000.
  2. The annual license renewal fees for the same category will be lowered from USD 8,000 to USD 5,000.
  3. Registration fees for the retail category have been slashed from USD 6,000 to USD 2,000.
  4. License renewals for the retail category will also see a 50% reduction, lowering annual fees to USD 2,000.

The revised licensing fees will take effect on 1st January 2025, aligning with the conclusion of the current transition period on 31st December 2024. This new fee structure will apply throughout ADGM’s jurisdiction, covering both Al Maryah and Al Reem Island.

Hamad Sayah Al Mazrouei, the CEO of ADGM RA said “To facilitate a seamless transition, ADGM and its Registration Authority have proactively introduced various initiatives, prioritising our business community at the core of every decision. We assessed the financial impact on different business categories and previously implemented a fee waiver for qualifying non-financial and retail businesses on Al Reem Island. Building on these efforts, we have now revised our fee structure to include significant reductions for the same categories starting next year. Our aim is to minimise potential disruptions for businesses transitioning to an ADGM licence, enabling them to operate efficiently within our jurisdiction.”

Changes across categories

The fee exemption for qualifying non-financial and retail businesses on Al Reem Island ends on October 31, 2024. In other categories, ADGM’s financial registration fees will rise to USD 20,000 with renewals at USD 15,000 annually. Tech and fintech startups will experience minor adjustments in fees, with both new registrations and renewals set at USD 1,500. Fees for Special Purpose Vehicles (SPVs) remain steady at USD 1,900. A detailed fee schedule applicable from January 1, 2025, will be published in December.