As the UAE transitions to a corporate tax (CT) regime starting June 1, 2023, it’s crucial for organizations to rethink their tax strategies and operational structures. Whether you're a board member, financial executive, or business owner, this guide breaks down the most important considerations to ensure compliance and maintain operational efficiency.
Corporate tax in the UAE introduces a tiered structure:
Start by identifying your applicable rate and assess how it may influence your post-tax profitability and shareholder returns.
If your business operates in a free zone, it may qualify for a 0% Corporate Tax rate or enjoy a tax holiday for up to 50 years. However, these benefits are conditional on not conducting business with mainland UAE. Evaluate your operations to ensure alignment with the specific regulations of your free zone and to preserve your tax-exempt status.
Do your related party transactions reflect market terms? Under the Corporate Tax law, these transactions must meet arm’s length requirements, particularly if they occur between entities with different tax profiles. Be prepared for added scrutiny from tax authorities, especially if your group includes both profit and loss-making entities or those under different tax rates.
Is your organization’s infrastructure ready to handle corporate tax compliance? With new rules involving consolidation, transfer pricing, and interest deduction limits, it's critical to review and upgrade your systems and processes. Businesses should start capturing compliant financial data from July 1, 2023, to ensure timely and accurate filing when returns become due in 2024 or 2025.
Entities under the same ownership may choose to file a consolidated Corporate Tax return, which offers key advantages:
Consider if group filing fits your business structure and could enhance tax efficiency.
Do your current contracts extend into 2023? Are there cross-border dealings between free zones and mainland entities? The Corporate Tax law will likely include transitional provisions, but it’s wise to proactively review your legal and operational arrangements now to prepare for any necessary adjustments before implementation.
To fully leverage depreciation and amortization deductions, your business should keep a robust asset register that clearly distinguishes between capital items and depreciable assets. Only expenses directly related to the business will be tax-deductible.
If your business has incurred losses, you may be able to carry them forward and offset them against future profits. Analyze your group’s loss profile and explore loss utilization strategies to minimize future tax exposure.
Interest on both internal and external debt can be deductible—but only within the parameters of Corporate Tax regulations, including transfer pricing, withholding tax, and limitation rules. Ensure your financing model is tax-efficient under the new Corporate Tax regime.
The shift from a no-tax regime to a structured Corporate Tax system requires more than policy updates. It demands a culture of tax awareness and readiness, including:
The UAE’s introduction of Corporate Tax represents a fundamental shift in how businesses operate and plan financially. With careful planning, system updates, and strategic adjustments, businesses can not only stay compliant but also turn this regulatory shift into a competitive advantage.
Need expert assistance on corporate tax planning? Reach out to Reyson Badger today for a personalized consultation.