Corporate Tax is a form of direct tax levied on the net income or profit of corporations and other businesses.
Yes. The UAE Corporate Tax is a federal tax and will therefore apply across all the Emirates.
The UAE Corporate Tax regime is effective for Financial Years starting on or after 1 June 2023.
Examples:
No, Corporate Tax and VAT are two different types of taxes. Both will apply in the UAE.
If you are a registered business for VAT, you will have to pay VAT and Corporate Tax separately. If your business is not registered for VAT you may still have to pay Corporate Tax.
No, Corporate Tax and Excise Tax are two different types of taxes. Both will apply in the UAE.
Natural persons and juridical persons
0% for Taxable Income up to and including AED 375,000.
9% for Taxable Income exceeding AED 375,000
Qualifying Free Zone Persons
0% on Qualifying Income.
9% on Taxable Income that is not Qualifying Income
Qualifying Free Zone Person is a Free Zone Person that meets all the conditions of the Free Zone Corporate Tax regime and hence benefits from that regime.
The conditions of the Free Zone Corporate Tax Regime require a Qualifying Free Zone Person to:
Qualifying Income is the income that can benefit from the 0% Corporate Tax rate under the Free Zone Corporate Tax regime.
Qualifying Income includes income derived from transactions with other Free Zone Persons as well as domestic and foreign sourced income from any of the ‘Qualifying Activities’. It does not include income derived from performing any of the ‘Excluded Activities’.
Qualifying Activities are activities that can benefit from the Free Zone Corporate Tax regime regardless of whether the income is derived from transactions with another Free Zone Person, a Person in the mainland UAE, or from a foreign Person.
Following are the Qualifying Activities:
Excluded Activities are activities that would disqualify a Qualifying Free Zone Person from the Free Zone Corporate Tax regime, irrespective of whether those activities are performed exclusively within the Free Zone and regardless of whether the related income is derived from transactions with a Free Zone Person or as part of undertaking a Qualifying Activity. Excluded Activities specifies the following:
The following Persons are automatically exempted from UAE Corporate Tax:
Businesses with Revenues of AED 3 million or below in a relevant Tax Period and previous Tax Periods can elect for ‘Small Business Relief’ for Tax Periods that end on or before 31 December 2026.
Electing for Small Business Relief means that a Taxable Person will be treated as having no Taxable Income during the relevant Tax Period and that they can benefit from simplified compliance obligations. To claim Small Business Relief, an election must be made in the Taxable Person’s Corporate Tax Return in the relevant Tax Period.
All income derived from transactions with other Free Zone Persons is treated as Qualifying Income, unless the other Free Zone Person is not the beneficial recipient of the relevant transaction or supply or the income is derived from an Excluded Activity. Income derived from another Free Zone Person that is not derived from an Excluded Activity, will be treated as Qualifying Income irrespective of whether that other Free Zone Person can benefit from the Free Zone Corporate Tax regime.
Yes. All Free Zone Persons will be required to register, obtain a Tax Registration Number, and file a Corporate Tax return, irrespective of whether they are a Qualifying Free Zone Person or not.
The Corporate Tax Law makes a distinction between unincorporated and incorporated partnerships.
“Unincorporated Partnerships” (as defined in the Corporate Tax Law) are essentially a contractual relationship between two or more Persons, as opposed to being a distinct juridical person separate from their partners / members. Unincorporated Partnerships are treated as ‘transparent’ for UAE Corporate Tax purposes. This means that an Unincorporated Partnership is not subject to UAE Corporate Tax in its own right. Instead, each partner is subject to UAE Corporate Tax on their share of the income from the Business conducted through the partnership.
Incorporated partnerships include limited liability partnerships, partnerships limited by shares and other types of partnerships where none of the partners have unlimited liability for the partnership’s obligations or other partners’ actions. Such partnerships are subject to Corporate Tax in the same manner as a corporate entity.
Family Foundations (including certain trusts) are independent juridical persons with separate legal personality, and would therefore prima facie be subject to UAE Corporate Tax in their own right. However, these types of Family Foundations can apply to be treated as transparent “Unincorporated Partnerships” for UAE Corporate Tax purposes, resulting in the founder/settlor and the beneficiaries of the foundation to remain to be seen as owners of the assets held by the foundation. This would generally prevent the income of the foundation from attracting UAE Corporate Tax.
Other types of trusts (for example, trusts established in DIFC or ADGM) are a contractual relationship between two or more Persons (e.g., the beneficiary, settlor, and trustee) and do not have separate legal personality. These types of trusts will by default be treated as transparent vehicles for UAE Corporate Tax purposes.
The following income is exempt from UAE Corporate Tax:
All Taxable Persons must be registered before they file their first Corporate Tax Return. The Federal Tax Authority may register a Taxable Person, who is not otherwise registered, at their discretion.
Taxable Persons will be able to electronically register for UAE Corporate Tax through the Emara Tax Portal.