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The UAE’s favorable corporate tax policy, especially the zero-percent tax rate in designated free zones, continues to attract businesses and entrepreneurs from around the world. Introduced under the Federal Decree-Law No. 47 of 2022, this tax structure aims to bolster foreign investment, drive economic growth, and diversify the UAE’s economy. However, not all businesses in UAE free zones qualify for this 0% rate, and there are specific requirements and compliance standards for those that do.
This guide covers all essential information about the 0% corporate tax policy in designated free zones, including eligibility criteria, types of qualifying income, compliance requirements, and practical advice for new and established businesses.
An Overview of UAE’s Corporate Tax Policy
Historically a tax-free haven, the UAE recently introduced corporate taxation to support sustainable growth and align with international standards. Businesses with qualifying income in designated free zones can benefit from a 0% corporate tax rate, while non-qualifying income or income exceeding AED 375,000 faces a 9% tax rate. This approach allows the UAE to maintain its reputation as a business-friendly jurisdiction while contributing to the country’s development goals.
Free Zones vs. Designated Free Zones: What’s the Difference?
While free zones have long offered business advantages like 100% foreign ownership and zero import/export duties, only designated free zones provide the 0% corporate tax on qualifying income. These designated areas receive special recognition under the UAE’s tax law, and only businesses within these zones that meet specific criteria can claim tax exemptions. Businesses are encouraged to verify their zone’s designation status with relevant authorities to ensure they qualify.
Qualifying Free Zone Person (QFZP) Status and Its Requirements
To benefit from the zero corporate tax rate, businesses must obtain Qualifying Free Zone Person (QFZP) status. Only juridical persons, such as companies and partnerships, are eligible, while sole proprietors and unincorporated partnerships do not qualify. The primary requirements for QFZP status include:
- Physical Presence: The business must maintain a physical presence in the designated free zone.
- Substantial Economic Activity: The business should conduct core income-generating activities in the UAE.
- Audited Financials: Financial statements must be audited and compliant with IFRS.
- De Minimis Threshold: Non-qualifying income should not exceed 5% of total revenue or AED 5 million, whichever is lower.
- Transfer Pricing Compliance: Transactions between related parties must comply with the OECD’s arm’s length principle
Understanding Qualifying vs. Non-Qualifying Income
Not all income within designated free zones is tax-exempt. The UAE corporate tax regime distinguishes between qualifying and non-qualifying income:
- Qualifying Income: Revenue from transactions with other free zone persons, income from certain qualifying activities (e.g., manufacturing, distribution, and logistics within the free zone), and international transactions generally qualify for the 0% rate.
- Non-Qualifying Income: Income derived from local UAE sources, such as services provided to the mainland, and from activities not explicitly qualifying may incur the 9% tax rate. This includes income from specific “Excluded Activities” under UAE tax law
Compliance Standards and Consequences of Non-Compliance
Businesses that qualify for the 0% corporate tax rate must adhere to strict compliance requirements. These include maintaining substantial presence, filing audited financials, and complying with economic substance regulations. Failure to comply results in disqualification from the 0% tax rate for five tax periods and immediate taxation at the standard 9% rate.
Additionally, to retain eligibility, businesses must ensure that non-qualifying income stays within the de minimis threshold. Regular audits and diligent record-keeping are essential to prevent disqualification
Qualifying Activities: What’s Covered for the 0% Tax Rate?
The UAE Cabinet Decision No. 55 of 2023 defines a list of qualifying activities eligible for tax benefits in designated free zones. These activities include:
- Manufacturing and Processing: Goods and materials processing within the free zone.
- Logistics and Distribution: Distribution and logistics services operating in or from a designated free zone.
- Financial Services: Specific services like fund management and reinsurance.
- Investment Holding: Ownership of shares and securities for investment purposes.
- Treasury Operations: Financing and leasing of aircraft, headquarter services, and treasury operations for related parties.
- Ancillary Services: Any additional services that support these main activities.
Businesses conducting any of the above activities may qualify for the 0% rate on related income, provided they meet compliance standards. Excluded activities, such as local UAE transactions, may still be taxed at 9%
Impact of International Tax Regulations for Multinational Corporations
Large multinational corporations may also benefit from double tax treaties and exemptions to prevent the double taxation of foreign income. Additionally, these companies must stay informed about OECD’s global minimum tax rules, which could influence their UAE tax obligations depending on their revenue scale
Steps to Setting Up a Business in a Designated Free Zone
If you’re considering establishing a business in a designated free zone, here are a few practical steps:
- Verify Designated Zone Status: Consult the free zone authority to confirm its designation status for corporate tax relief.
- Determine Business Activity Eligibility: Confirm that your business activities align with qualifying activities.
- Maintain Adequate Substance: Establish a significant physical presence and employ qualified staff.
- Prepare for Compliance: Set up an accounting system that aligns with IFRS and establish a process for regular audits
Economic Benefits of Zero Corporate Tax in Designated Free Zones
The UAE’s zero corporate tax policy for designated free zones positions the country as an attractive hub for businesses globally. This policy not only promotes foreign investment but also supports job creation, technology transfer, and economic diversification, aligning with the UAE’s vision for sustainable economic growth. Designated free zones play a pivotal role in transforming the UAE into a knowledge-driven economy and reinforcing its status as a premier international business center
Conclusion
Operating within a designated free zone in the UAE offers substantial tax benefits, especially with the 0% corporate tax rate on qualifying income. However, businesses must carefully navigate compliance and ensure they meet all eligibility criteria to maximize these benefits. For companies looking to expand internationally while enjoying tax relief, designated free zones in the UAE present a unique, advantageous opportunity.
