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UAE Federal Supreme Court established new principles for taxpayers, tax advisors, and tax litigators in respect of Federal taxes.

Are you aware of the new Tax principles established by the UAE Federal Supreme Court?
a quick guide to understand uae tax principles by MS

Are you aware of the new Tax principles established by the UAE Federal Supreme Court?

No worries, we are decoding the recent tax principles for taxpayers, tax advisors, and tax litigators through our new segment What Does That Mean? Here, things are Swift, Simple, and Sharp!

Key Tax Principles:

1. Legislative Authority Holds the Highest Power: TAXES COME FROM LAWS…

Taxes are determined by laws passed by the government. The court rules about how much tax to pay and how to settle it must come directly from these laws.

2. Following the Law with Precision: NO ROOM FOR MISINTERPRETATION…

Tax decisions by the FTA must follow the law, and due dates for tax payments are based on legal rules, not when the decisions are made. This highlights how crucial is to handle taxes in accordance with the law.

3. Different Penalties for Different Situations: MISTAKES ARE MISTAKES. BUT…

The FTA can penalize you for not paying enough taxes, even if you admit your mistake. But it will be different if you admit a mistake in your tax voluntarily from those for paying your taxes late.

4. Adding Up Penalties for Multiple Mistakes: THERE IS A DIFFERENCE…

If you make errors related to a specific tax law, you’ll face penalties for each mistake you admit, says Article 55 of the VAT Executive Regulation.  Hence, there is a distinction between primary tax laws and how taxes are processed.

5. Following the Right Steps to Get Penalties Waived: ABIDE THE LAWS…

If you want to avoid penalties, you must follow the steps outlined in the Tax Procedures Law. You can’t ask the courts directly to remove penalties which emphasizes the importance of adhering to FTA’s procedures.

In a nutshell by MS

The recent decision by the Federal Supreme Court contributes to the establishment of a fair and organized tax system through the management of taxes in the UAE, emphasizing the significance of law adherence, procedural consistency, and a clear understanding of roles within the tax system. The ruling ensures that individuals and businesses fulfill their financial obligations and maintain the integrity of the UAE’s tax structure. It brings out greater clarity in laws avoiding the complexities and confusion which can ultimately save valuable time for companies.

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 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 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 tax team.

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MS Group and GASP Unite for a Sustainable Future at COP28 UAE

MS Group and GASP Unite for a Sustainable Future at COP28 UAE

In a groundbreaking move, MS Group proudly announced a transformative partnership with the Global Alliance for a Sustainable Planet (GASP), marking a pivotal moment in the pursuit of global climate action and sustainable development.

The stage for this momentous announcement was set against the backdrop of the COP28 UAE event, where leaders from across the globe gathered to address the urgent challenges posed by climate change. In response to these pressing issues, MS Group and GASP took a resolute stand, solidifying their commitment through a recently signed Memorandum of Understanding (MOU).

The MOU serves as a symbol of the groundwork laid for pioneering collaborations, knowledge exchange, and influential advocacy across scientific, developmental, and private sectors on a global scale. It’s not just an agreement; it’s a testament to the shared dedication of MS Group and GASP to building a resilient and carbon-conscious world.

Leadership at COP28 UAE

The announcement of this transformative partnership at COP28 UAE underscores the leadership of MS Group and GASP in actively contributing to the global effort for climate action. By aligning forces, both entities are positioning themselves as catalysts for positive change, addressing critical environmental challenges that demand immediate attention.

Paving the Way for Sustainable Initiatives

As the world grapples with climate crises, MS Group and GASP’s collaboration sets the stage for meaningful initiatives that go beyond rhetoric. From pioneering collaborations to knowledge exchange, this partnership aims to drive impactful change and contribute to a sustainable future for all.

This collaboration is an invitation to collectively take significant steps towards a sustainable future. It’s a call to action for individuals, businesses, and communities to join hands in prioritizing environmental stewardship and ensuring a world that thrives for generations to come.

In the spirit of unity, collaboration, and shared responsibility, MS Group and GASP are ready to lead the way towards a brighter, more sustainable future. Let’s embark on this journey together.

Stay tuned for updates on our collaborative initiatives and the positive impact we aim to achieve.

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Key Control Functions Outsourced in the UAE MLRO & FO

Overview of Money Laundering Reporting Officer (MLRO) & Finance Officer (FO)

Overview of Money Laundering Reporting Officer (MLRO) & Finance Officer (FO)

Given the rising requirements in the Dubai International Financial Centre (DIFC) and across the wider United Arab Emirates (UAE), along with the growing demands placed on in-house compliance teams, there is an escalated risk associated with falling short of these stringent standards. In such a regulatory landscape, companies operating in the financial services industry face multifaceted challenges, including complex regulatory changes, the need for specialized expertise, and the critical imperative to prevent financial crimes, such as Money Laundering and fraud. MS recognizes these challenges and offers a suite of strategic coordination services tailored to assist UAE-based companies in navigating the intricate world of financial regulation. These services encompass the provisions of key control functions officers, including Money Laundering Reporting Officers (MLRO), and Finance Officers (FO).

1. Money Laundering Reporting Officer (MLRO):

In a climate where money laundering and financial crimes pose significant risks, MS’s MLROs are equipped to identify and report suspicious activities effectively. They guide companies in implementing robust Anti-Money Laundering (AML) and Counter-Terrorist Financing (CFT) programs.

MLROs are instrumental in safeguarding businesses from potential involvement in illicit financial activities, which could have severe consequences for their reputation and regulatory standing.

2. Finance Officer (FO):

MS Finance Officers bring financial expertise to the forefront. They oversee financial operations, ensuring that financial institutions and companies in the UAE are conducting their financial activities legally and ethically. They also implement and maintain robust internal controls and financial processes. Additionally, they also advise on financial strategies to meet compliance requirements while optimizing financial performances.

FOs are pivotal in maintaining transparency, investor confidence, and the prevention of financial fraud by enforcing regulatory compliance and upholding financial standards.

By offering these control function officers, MS enables companies to offload the responsibility of these critical roles to seasoned experts. This allows companies to focus on their core operations and strategic growth, confident in their ability to meet the heightened compliance requirements in the DIFC and throughout the UAE. Moreover, it reduces the risks associated with regulatory non-compliance, safeguarding a company’s reputation, financial well-being, and position in the highly competitive financial sector. MS’s expert officers become invaluable partners in navigating the intricate regulatory landscape while ensuring that companies meet and exceed the required standards.

How MS can help?

MS specializes in providing extensive support across various aspects of your business journey. Through in-depth analyses of your business model, we offer essential guidance within regulatory frameworks and fine-tune models for optimal alignment. Our expert Outsourced Compliance Officer and Outsourced Financial Officer services ensure you navigate regulatory and financial landscapes with confidence. We take care of the legal intricacies, and concluding business structures, including the establishment of holding companies. Throughout the year, we stand as your reliable partner, offering continuous support for compliance, encompassing vital accounting and tax services. Addressing practicalities, we actively guide you through processes like opening bank accounts and securing financial services provisions, enhancing operational efficiency. In essence, our comprehensive suite of services is designed to elevate the overall success, compliance, and efficiency of your business

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Navigating Corporate Tax Registration in the UAE: A Comprehensive Guide

Tax registration in the UAE

Tax registration in the UAE

In the ever-evolving realm of business activities, the process of corporate tax registration holds immense significance for entities functioning in the United Arab Emirates. Regardless of whether you are an existing registrant for VAT or Excise Tax, or registered in the Mainland or any free zone, or if you are stepping into the realm of taxation for the very first time, gaining a comprehensive grasp of this procedure is of paramount importance. Within this all-encompassing guide, we will accompany you through the essential aspects that shape the path of corporate tax registration.

1. Leveraging Prepopulated Information for a Swift Start

For those already registered under VAT or Excise Tax, the corporate tax registration process is streamlined. The Federal Tax Authority (FTA) prepopulates your Emara Tax profile with essential details derived from your existing VAT or Excise Tax information. This proactive measure not only saves time but also ensures accuracy in your tax profile.

2. Verifying and Updating Your Emara Tax Profile

Take the time to meticulously review the prepopulated information in your Emara Tax portal. This is your chance to align your tax profile with your current business status. Should any discrepancies or changes be necessary, promptly update the information to reflect your business’s accurate standing.

3. Document Preparedness: A Prerequisite for Success

Prepare for the corporate tax registration journey by assembling all necessary documents ahead of time. This proactive approach reduces delays during the application process and ensures a smooth submission. Essential documents may include your trade license copy, the authorized signatory’s passport or Emirates ID copy, the company’s Memorandum and Articles of Association, and the Declaration of Eligibility.

4. Tailoring the Registration Form: A Step Toward Compliance

If your business is not registered for VAT or Excise Tax but is required to register for corporate tax, meticulous completion of the registration form is paramount. Populate the form with accurate and comprehensive details, as this information forms the foundation of your tax compliance.

5. Application Submission and the FTA Review

Once your application is submitted, the FTA embarks on a thorough review process. During this phase, the FTA examines your application’s accuracy and adherence to regulatory standards. Be prepared to provide additional information or documentation if requested, ensuring transparency and thoroughness throughout the review.

6. Estimated Processing Time and the Possibility of Extension

The FTA has set an estimated processing time of 20 business days for the completion of the review process post-application submission. However, should the FTA require further information or clarification, the processing time may be extended. This reflects the FTA’s commitment to conducting comprehensive reviews to maintain the integrity of the process.

7. Achieving Approval: A Sign of Compliance

Upon the successful review of your application, you will receive an email notification indicating the approval of your corporate tax registration. This milestone signifies your company’s adherence to regulatory standards and its official integration into the UAE’s tax framework.

8. The Corporate Tax Registration Number: A Badge of Compliance

With approval comes the issuance of your corporate tax registration number. This code is more than just an identifier; it symbolizes your business’s commitment to fiscal responsibility and compliance within the UAE’s tax landscape.

About Us:

At MS, we understand the intricate landscape of corporate tax registration in the UAE. Our expertise in taxation and regulatory compliance empowers businesses to navigate the complexities of the Emara Tax platform with confidence. We are committed to providing you with the knowledge and tools needed to ensure seamless integration into the UAE’s tax framework.

Contact Us:

For inquiries, consultation, or assistance with corporate tax registration and other taxation matters, feel free to contact us at Click Here

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To stay updated on the latest insights, trends, and developments in taxation and regulatory compliance in the UAE.

Disclaimer:

The information provided in this blog is intended for informational purposes only and should not be considered legal or financial advice. Every business’s situation is unique, and it’s recommended to consult with professional advisors or authorities for personalized guidance on corporate tax registration in the UAE.

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Economic Substance Regulations for Holding Company Businesses in the UAE

Introduction:

The UAE applies Economic Substance Regulations (ESR) to Holding companies located in the country, including businesses in free zones and those engaged in any of the defined ‘relevant activities.’
Regulations hence require these holding companies to maintain and demonstrate an adequate “economic presence” in the UAE relative to the activities they undertake i.e., “Holding Company Business”.
In simple terms, if an entity wanted to declare its revenue in a country, they need to demonstrate sufficient “substance,” i.e. business actions that fit ESR’s relevant activities, taking place in the country. Entities can no longer book any revenue in any jurisdiction for tax benefits when there is no real activity taking place in that jurisdiction. The ESR law for holding companies, along with other licensed companies, was adopted in 2019 to ensure transparency and prevent financial manipulation. Holding companies in the UAE must adhere to these regulations and file the Economic Substance Return as per the law.

Definition of a Holding Company under ESR:

In the context of ESR, a holding company in the UAE is defined by meeting the following criteria:

  1. The company holds equity interests in other juridical persons.
  2. It earns income solely from dividends and capital gains derived from its equity investments.

A company that holds assets and has income from sources other than dividends and equity investments would not be considered a holding company under ESR.

Compliance Requirements for Holding Companies:

Holding companies must comply with the regulations set by the licensing authority, maintain an adequate number of employees and physical assets, and do not necessarily need to be directed and managed in the UAE.
Furthermore, they are not required to disclose adequate expenditures in the UAE. Holding companies can be mainland or free zone companies, such as Abu Dhabi Global Market (ADGM), Dubai Multi Commodities Centres (DMCC), MASDAR, 2454, etc. as long as they do not engage in any commercial activity within the UAE.

Core Income-Generating Activities (CIGA) for Holding Companies:

Section 3 of the Relevant Activities guide outlines that the CIGA of a holding company involves acquiring and holding equity interests in one or more companies. The income generated by the holding company primarily stems from its equity interests and dividends derived from those equity investments.

Reduced Economic Substance Test:

To qualify as a holding company, an entity must pass the Reduced Economic Substance Test. This test is designed for companies engaged in pure equity holding activities.

Penalties for Non-Compliance:

Non-compliance with ESR can result in various penalties, including fines. These include AED 50,000 for failing to conduct tests and submit a report in the first year, AED 400,000 for non-submission of reports and tests repeatedly in the second year, AED 50,000 for providing inaccurate information, and AED 20,000 for failure to submit a notification.

Importance of a Professional Service Provider for ESR Filing:

Engaging professional team for ESR filing offers several benefits:

  1. Accurate tracking and monitoring of economic activities to ensure compliance with ESR regulations.
  2. Expert guidance in identifying and distinguishing relevant activities under the scope of ESR.
  3. Timely and accurate reporting and notification to regulatory authorities.
  4. Review actual business operations/activities undertaken by the licensee (substance over form approach)
  5. Provision of consultancy services to evaluate and structure operating models and corporate governance.
  6. Avoidance of conflicts of interest through the involvement of unbiased third-party professionals.
  7. Recommend remedial actions/measures to comply with Economic Substance Regulation

Conclusion:

Compliance with ESR is essential for holding companies operating in the UAE. By engaging ESR consultants or professional accounting services, companies can ensure accurate identification of relevant activities, timely filing of notifications, and avoidance of penalties. If you require further information or assistance in preventing penalties related to ESR notification failure, it is advisable to reach out to expert accounting firms or service providers in the UAE.

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What does it mean to be subject to the Regulations?

Understanding the Economic Substance Regulations: Who Needs to Comply?

Being subject to the Economic Substance Regulations means that a business falls within the scope of the regulations and is required to comply with their provisions. The ESR applies to entities that engage in specific activities known as “Relevant Activities” within the UAE.

The Relevant Activities include:

  1. Banking Business
  2. Insurance Business
  3. Investment Fund Management Business
  4. Lease-Finance Business
  5. Headquarters Business
  6. Shipping Business
  7. Holding Company Business
  8. Intellectual Property Business
  9. Distribution and Service Centre Business

If a business carries out any of these relevant activities, it is considered subject to the ESR. As a result, the business must meet the economic substance requirements and fulfill reporting obligations as outlined by the regulations.

The economic substance requirements generally include the following:

  1. Conducting Core Income-Generating Activities (CIGAs): The business must ensure that the CIGAs relevant to its activities are conducted within the UAE.
  2. Adequate and Appropriate Operating Expenditure: The business should have sufficient operating expenditure, premises, and employees in the UAE to carry out its activities effectively.
  3. Directed and Managed in the UAE: The business’s board of directors or equivalent should make strategic decisions within the UAE.

Failure to meet these requirements can result in penalties, including financial sanctions and potential reputational damage. It is important for businesses subject to the regulations to actively assess their compliance and take appropriate measures to fulfill their obligations.

Conclusion:

Being subject to the Economic Substance Regulations in the UAE means that a business engages in one or more of the relevant activities listed in the regulations. This entails complying with the economic substance requirements, conducting CIGAs in the UAE, maintaining adequate operating expenditure, and ensuring that strategic decisions are made within the UAE. Businesses subject to the ESR must stay informed about their obligations, carry out internal assessments, and take proactive steps to meet the requirements. Compliance with the regulations is crucial to avoid penalties and ensure adherence to the UAE’s regulatory framework.

Disclaimer: The information provided in this article is for general informational purposes only and should not be considered legal or professional advice.

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Will the Regulatory Authorities tell businesses if they are subject to the Regulations?

Does Your Business Fall Under Regulatory Compliance? Find Out! 🔍

While the regulatory authorities in the UAE, such as the Ministry of Finance and the Federal Tax Authority (FTA), provide guidelines and information regarding the ESR, it is ultimately the responsibility of businesses to determine whether they are subject to the regulations.

The determination of ESR applicability depends on various factors, including the nature of the business activities conducted within the UAE. If your business engages in any of the “Relevant Activities” outlined in the ESR, it is likely to fall under the regulations’ purview.

It is essential for businesses to assess their activities carefully and evaluate whether they fall within the scope of any of these relevant activities. Seeking professional advice from legal or tax experts can greatly assist in determining your ESR obligations.

Businesses should also note that regulatory authorities may perform assessments and audits to ensure compliance with the ESR. Non-compliance with the regulations can result in penalties, including fines and potential reputational damage.

Taking a proactive approach to understanding and meeting your ESR obligations is crucial. By conducting an internal assessment of your activities and seeking professional guidance, you can ensure compliance and avoid any potential penalties.

Conclusion:

When it comes to Economic Substance Regulations (ESR) in the UAE, businesses are responsible for determining their own obligations under the regulations. Regulatory authorities provide guidelines and information regarding the ESR, but it is ultimately up to businesses to assess their activities and evaluate whether they fall within the scope of the relevant activities listed in the regulations.

To ensure compliance with the ESR, businesses should conduct internal assessments, seek professional advice, and take proactive steps to meet their obligations. Staying informed about updates and developments in the ESR landscape is also crucial for ongoing compliance.

Disclaimer: The information provided in this article is for general informational purposes only and should not be considered legal or professional advice.

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Understanding ESR in UAE: Are Branches Subject to the Regulations?

Are branches subject to the Regulations?

The answer to whether branches are subject to the ESR depends on certain factors. It’s crucial to note that ESR applies to entities that engage in “Relevant Activities” within the UAE. These activities include:

  1. Banking Business
  2. Insurance Business
  3. Investment Fund Management Business
  4. Lease-Finance Business
  5. Headquarters Business
  6. Shipping Business
  7. Holding Company Business
  8. Intellectual Property Business
  9. Distribution and Service Centre Business

If a branch conducts any of the relevant activities mentioned above, it falls under the purview of the ESR. However, if the branch solely performs administrative or support functions and does not engage in any relevant activity, it may be exempted from the ESR requirements.

Where do I report the details of my branch?

If your branch is subject to the ESR, it is crucial to understand the reporting obligations associated with it. The Regulatory Authority in the UAE, the Ministry of Finance, has designated the Federal Tax Authority (FTA) as the entity responsible for collecting and administering ESR-related information.

When reporting the details of your branch, you will need to provide the following information:

  1. Entity Information: Include details such as the legal name, trade name, and trade license of the branch.
  2. Activities: Clearly specify the nature of activities carried out by the branch, ensuring they align with the relevant activities listed under the ESR.
  3. Financial Information: Provide financial statements and relevant financial data for the branch.
  4. Employees: Disclose the number of employees engaged in the branch’s activities.
  5. Physical Assets: Report the value and location of physical assets used by the branch in its operations.
  6. Core Income-Generating Activities (CIGAs): Identify and describe the CIGAs performed by the branch in the UAE.
  7. Confirmation: Declare that the branch has met the Economic Substance Test and attach any supporting documentation if required.

Conclusion:

Compliance with the Economic Substance Regulations is crucial for businesses operating branches in the UAE. Determining whether your branch falls under the scope of ESR is essential, as it will dictate your reporting obligations. If your branch engages in relevant activities, it must report the necessary details to the Federal Tax Authority (FTA) in accordance with the regulations.

We hope this article has provided you with valuable insights into the treatment of branches under the ESR and the reporting process. Stay tuned for our next blog, where we will explore another relevant topic related to Economic Substance Regulations in the UAE.

Disclaimer: The information provided in this article is for general informational purposes only and should not be considered legal or professional advice.

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Determining Economic Substance Regulation (ESR) Applicability for Your Business in the UAE

How to determine if your business is subject to Economic Substance Regulation (ESR) requirements in the UAE?

As the deadline for Economic Substance Regulation (ESR) compliance approaches in the UAE, businesses must ensure they understand if they fall under the scope of the regulation. ESR requires businesses in certain sectors to demonstrate economic substance in the UAE, and failure to comply could result in significant penalties. In this article, we will explain how to determine if your business is subject to ESR requirements in the UAE.

Determine if your business falls within the scope of ESR: ESR applies to businesses that undertake “relevant activities,” including banking, insurance, intellectual property, shipping, and holding company activities. Review your business activities to determine if they fall under any of the relevant activities outlined in the regulation.

Assess the level of activity conducted in the UAE: If your business engages in relevant activities, the next step is to determine if there is sufficient economic substance in the UAE. This involves assessing the level of activity, assets, and employees based in the UAE.

Identify if your business is a “Licensee”: ESR requirements apply to businesses that are licensed in the UAE, including free zone entities. If your business holds a license to operate in the UAE, it is likely subject to ESR requirements.

Determine if your business is exempt: Certain entities are exempt from ESR requirements, including entities that are tax-resident outside the UAE, and those that are wholly owned by UAE residents. Review the regulation to determine if your business qualifies for an exemption.

In conclusion, determining if your business is subject to ESR requirements in the UAE requires a thorough review of the regulation, your business activities, and presence in the UAE. If you are unsure about whether your business is compliant with ESR regulations, seek advice from a qualified professional to avoid penalties and ensure compliance before the June deadline.

Disclaimer: The information provided in this article is for general informational purposes only and should not be considered legal or professional advice.

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Economic Substance Regulation: UAE Adopts Global Tax Standards for Enhanced Transparency

The Economic Substance Regulation (ESR) is a set of rules introduced by the UAE government to align with the global standards of tax transparency and combat tax evasion. Under ESR, businesses in the UAE must demonstrate that they have sufficient economic activity and presence in the country to justify the income they earn and the taxes they pay.

ESR applies to businesses that conduct specific activities, such as banking, insurance, investment management, and intellectual property. The regulation impacts all companies in the UAE, including those in free zones and offshore jurisdictions.

Failure to comply with ESR requirements can result in hefty penalties, including fines, suspension of licenses, and reputational damage.

To ensure compliance with ESR, businesses in the UAE must maintain accurate records and document their economic substance through various criteria, including:

Physical presence in the UAE, such as offices, employees, and assets

Active management of relevant activities within the UAE

Adequate operating expenditures in the UAE

Qualified employees and equipment in the UAE

Appropriate levels of revenue generated in the UAE

As the June deadline approaches, businesses must take proactive steps to ensure they meet the ESR requirements. This includes reviewing their business operations, documenting their economic substance, and reporting to the relevant authorities.

In summary, compliance with ESR is a crucial aspect of doing business in the UAE, and failure to comply can result in significant consequences. By taking proactive steps to ensure compliance, businesses can avoid penalties and maintain their reputation in the market.

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