UAE Corporate Tax Qualifying Income

In the UAE, what qualifies as income? Being aware of this concept is important for businesses operating within the Free Zones of the UAE as the corporate tax became relevant. With the UAE Corporate Tax Law that started from 1 June 2023, companies have to follow a new tax rule that charges a 9% corporate tax on income over AED 375,000.Understanding Corporate Tax Qualifying Income is crucial, as it encompasses the income subject to this new tax regime. 

However, Qualifying Free Zone Persons get a special 0% tax rate on their qualifying income, while non-qualifying income is taxed at the standard rate. Understanding the difference between qualifying and non-qualifying income is important for Free Zone businesses to make the best tax decisions.

In this blog, we will explore what makes income qualifying, how this affects businesses in the Free Zones, and the best ways to manage taxes under the new rules. By understanding these points, businesses can better handle the UAE's corporate tax system and make smart choices to improve their finances.

Understanding Qualifying Income

Cabinet Decision No. 55 of 2023 explains important rules for businesses in free zones. This decision is important because it defines what counts as 'Corporate Tax Qualifying Income' and ensures that businesses maintain enough substance within the Free Zone to benefit from tax advantages. 

Within the UAE's corporate tax system, Qualifying Income is the type of income earned by a Free Zone business that gets a 0% corporate tax rate. This is a big benefit compared to the standard 9% tax rate on taxable income above AED 375,000. It specifies the types of income that free zone businesses can earn while still getting the 0% corporate tax rate. For example, income from transactions with other Free Zone Persons is considered qualifying income.

Income from conducting 'Qualifying Activities' as listed in the Ministerial Decision. By clearly defining these types of income, businesses in free zones can understand which revenues qualify for tax benefits. This helps businesses ensure they are following the new tax laws correctly. By complying with these rules, free zone businesses can optimize their tax strategies and benefit from the preferential tax rate.

Qualifying vs. Non-Qualifying Income

For Free Zone businesses, it's important to know the difference between Qualifying Income and Non-Qualifying Income:

Qualifying Income

Qualifying Income is income that is derived from activities that are considered to be part of the Free Zone's business purpose. This form of income is usually exempt from taxes. This includes specific business activities that earn income eligible for the 0% tax rate. These activities often involve international trade or specialized services provided outside the UAE mainland.

Non-Qualifying Income

Non-Qualifying Income is income that is derived from activities that are not considered to be part of the Free Zone's business purpose. This type of income may be subject to taxes. This is income from activities that do not meet the criteria for Qualifying Income and is taxed at the standard 9% corporate tax rate. This can include activities like banking, insurance, or local resource extraction that mainly serve the UAE market.

Types of Qualifying Income Activities

• Income from commercial property located in a free zone (property used only for business), whether the other party is also a free zone resident
• Income from other Free Zone Persons, excluding revenue from activities that are prohibited
• Income from non free zone person from qualifying activities which are not excluded activities
• Non Qualifying income which satisfies de minimis criteria (5% or 5 million whichever is lower)       

Qualifying Income Criteria for QFZPs

To determine what qualifies as income for a Qualifying Free Zone Person (QFZP), one needs to meet some criteria. The criteria include goods must be sent outside the UAE mainland, and there might be a minimum value they need to meet based on the Free Zone. Second, services must be provided to clients outside the UAE mainland, but there could be some limits depending on the Free Zone's rules.

Income for QFZPs can come from transactions with other Free Zone entities, as long as they are not from Excluded Activities. Income from transactions with Non-Free Zone Persons can also qualify if they pertain to Qualifying Activities that are not Excluded Activities. CT Qualifying Income encompasses diverse sectors. These allowed activities cover things like manufacturing, processing goods, holding shares, and regulated services in the UAE. Conversely, Excluded Activities involve transactions with natural persons (with exceptions), certain sectors like banking, insurance, finance, leasing under regulatory scrutiny, and ownership or exploitation of property or intellectual assets.

QFZPs also need to meet de minimis requirements, where their Non-Qualifying Revenue should be below 5% of total revenue or AED 5 million, whichever is lower. Failing to meet these thresholds or eligibility conditions may result in the loss of QFP status for up to four tax periods. Aware about and meeting these criteria are necessary  for QFZPs to ensure their income qualifies for tax benefits and complies with the UAE's Corporate Tax Law.

Beneficial Recipient Requirements

To be recognized as a beneficial recipient of qualifying income, an entity must meet specific criteria beyond simply generating income. A Qualifying Free Zone Person (QFZP) must:

• Conduct Core Activities in a Free Zone: The entity must carry out its primary income-generating activities within a Free Zone.
• Maintain Adequate Assets and Staff: The QFZP should have sufficient assets and employ qualified staff appropriate for the activities being undertaken.
• Incur Appropriate Operating Expenditures: The operating expenses should align with the nature and scale of the business.
• Prepare Audited Financial Statements: The entity is required to prepare audited financial statements according to the Corporate Tax Law (CTL). These statements are important for demonstrating you are following tax regulations and verifying that the income qualifies under the CTL.

Entities operating within Free Zones should carefully review their activities and financial arrangements to ensure they meet these requirements. Compliance with these conditions allows them to benefit from preferential tax treatment and stay aligned with UAE tax regulations.

Qualifying Income for Free Zone Businesses

Businesses in UAE Free Zones benefit from the concept of CT Qualifying Income, which is eligible for a 0% corporate tax rate. CT Qualifying Income includes income from transactions with other Free Zone entities, provided it doesn’t come from Excluded Activities. It also includes income from dealing with non-Free Zone entities if related to Qualifying Activities.

Qualifying Activities cover manufacturing, processing, holding shares, and specific regulated services. Excluded Activities include banking, insurance, finance, leasing, and dealings with natural persons or certain immovable property.

To keep the tax benefits, Free Zone Persons (FZPs) must meet de minimis requirements. Non-Qualifying Revenue must be less than 5% of total revenue or below AED 5 million. Exceeding these limits or failing other conditions means losing the tax benefits for at least five years.

Permanent Establishment (PE)

A foreign entity is taxed in the UAE if it has a PE, meaning a fixed business place in the UAE. However, activities that are merely preparatory or auxiliary don’t count as a PE. Investment managers acting on behalf of non-residents can also avoid creating a PE.

Non-Qualifying Revenue:

Non-Qualifying Revenue includes income from Excluded Activities and dealings with non-Free Zone entities outside the criteria for Qualifying Activities. If this revenue exceeds de minimis limits, the entity loses its Qualifying Free Zone Person (QFZP) status, resulting in higher tax obligations and loss of certain tax reliefs.

FZPs must carefully track their revenue sources and comply with all relevant tax laws to maintain their benefits. This includes adhering to transfer pricing rules and auditing financial statements. Understanding and meeting these requirements helps optimize their tax position and take full advantage of Free Zone incentives.

 Activities that Not Generate Qualifying Income

While Qualifying Income offers tax benefits, it's important to be aware of activities that do not generate Qualifying Income in UAE Free Zones. Here are some examples:

• Businesses primarily serving the UAE mainland market with activities like retail stores, restaurants, or local distribution networks comes under the standard 9% corporate tax rate.
• Income generated by activities like banking, insurance, or investment management generally doesn't qualify for the 0% tax rate. These activities are often subject to specific regulations and licensing requirements.
• Profits earned from extracting resources like oil, gas, or minerals within the UAE mainland do not qualify as Qualifying Income.
• Income generated from renting out property located within the UAE mainland falls under the standard 9% corporate tax rate. However, there might be exceptions for specific types of real estate activities within certain Free Zones.
• Income derived solely from leasing out employees to other companies within the UAE typically doesn't qualify for the 0% tax rate.

Benefits of Qualifying Income

• The biggest benefit of Qualifying Income is the 0% corporate tax rate. This means Free Zone businesses save a lot of money compared to paying the standard 9% tax on income above a certain amount. Think about how much more money you could keep without paying that extra tax!
• With a 0% tax rate on Qualifying Income, Free Zone businesses can offer lower prices in the global market. This is great for companies involved in international trade or specialized services. By paying less tax, they can beat competitors from places with higher tax rates.
• The money saved from not paying the 9% tax goes straight to the company’s profits. This extra profit can be used to grow the business, invest in new projects, or hire and keep the best employees. This leads to more success and growth for Free Zone businesses in the UAE.

Determining Your Qualifying Income Status

The UAE's corporate tax regime presents a crucial step for Free Zone businesses: accurately determining whether their income qualifies for the coveted 0% tax rate. Here are the steps involved:

Understand Your Business Activities

• Analyze your core business activities and the nature of the income they generate.
• Identify whether your primary focus is international trade, specialized services for clients outside the UAE, or activities serving the domestic market.

Review Free Zone Regulations

• Consult the specific regulations and guidelines established by your designated Free Zone authority. These will outline the types of activities considered Qualifying Income within that particular Free Zone.

Analyze Income Sources

• Classify your income streams based on their source (e.g., export of goods, professional services for overseas clients).
• Assess whether each income stream aligns with the definition of Qualifying Income as outlined by your Free Zone authority.

Consider Minimum Thresholds

Be aware that some Free Zones may impose minimum thresholds for the value of exported goods or the nature of service activities to qualify for the 0% tax rate.

Staying Compliant

In the fast-changing business world of the UAE, the Corporate Tax Law (CTL) brings both opportunities and challenges, particularly concerning Corporate Tax Qualifying Income. It is crucial to keep an eye on your earnings, ensure your activities are properly classified, and regularly check your financial limits to maintain the benefits of being a Qualifying Free Zone Person (QFZP).

Having proper records and documents is important . They show that your income meets the rules and help you avoid fines. As the UAE becomes a bigger global trade hub, following its tax rules is not just about staying legal but also about smart business planning.

To handle the CTL well, businesses need to stay updated on changes, get professional advice, and make sure their activities meet the qualifying rules. This way, they can get the most out of the UAE’s tax benefits and avoid problems like fines, legal issues, and losing tax perks.