New tax regulations in the UAE/Dubai in 2023: The new taxation laws will only apply to those with company income. People earning salaries in the UAE will be exempt from the new taxation laws. The United Arab Emirates (UAE) has published a Federal Decree regulating corporate and commercial taxation in the country. The Federal Decree specifies the procedures for calculating taxable income, the definition of a taxable person, the taxability of a Qualified Free Zone (QFZ) Person, and other details. The new rules will take effect on June 1, 2023.
The new taxation rules will apply to persons having business income only. Individuals earning salary income in the UAE will not be covered under the new taxation rules. So if you are having a job or planning to take up a job in Dubai/UAE, new taxation rules will not impact you.
The new rule provides a threshold of AED 375,000 (about Rs 84 lakh) before taxation begins. Small firms may also be granted exemptions in the future (yet to be notified). Several details of the new guidelines have still to be worked out. In the UAE, a substantial portion of business is conducted in Qualified Free Zones, where only qualifying income is subject to Corporate Tax (CT). As a result, Indians considering to relocate to the UAE should closely monitor developments to determine the status of exemption for their intended line of business.
If an Indian corporation is effectively managed and controlled from the UAE, it may be regarded a resident of the UAE. As a result, this issue requires careful consideration, as it may result in double taxes. It should be noted that, unlike India, the revenue of an unincorporated partnership in the UAE would be taxed in the hands of a partner, and so the taxation in the hands of such partners in the UAE must be carefully examined.
The UAE Corporate Tax (CT) regime imposes a 9% company tax on taxable income above AED 375,000 beginning with the fiscal year beginning on or after 01 June 2023.
A Resident Person, which is a legal entity, is subject to Corporation Tax on Taxable Income obtained in the UAE or from outside the UAE, as stated. The taxable income of a Resident Person, who is a natural person, is the income earned from the UAE or from outside the UAE inasmuch as it relates to the natural person’s business or business activity undertaken in the State, as specified.
Businesses operating in Qualified Free Zone Person (‘QFZP’) are excluded from the new taxes rule. Nonetheless, more clarification on the Qualified Exempt Income must be awaited. The law also includes Transfer Price provisions for cross-border and domestic related party transactions, therefore organizations should consider developing suitable transfer pricing strategies and yearly paperwork. The law states that small firms may be exempt from CT if they meet certain revenue thresholds. Nevertheless, no threshold or related requirements have been supplied.
It is important to note that the tax rules in the UAE are subject to change, and businesses and individuals are advised to stay up-to-date on any new developments or changes to the tax laws. Additionally, it is important to consult with a qualified tax professional or legal expert for specific guidance on tax compliance in the UAE.
