Corporate Tax Services
The United Arab Emirates (UAE) has long been recognized as a global hub for business due to its tax-friendly environment. For many years, the country has been known for offering minimal tax burdens, attracting businesses from around the world to set up shop in its thriving economy. However, in recent years, there has been a significant shift in the UAE’s approach to taxation. With the implementation of corporate tax laws in the UAE, businesses are now facing new challenges, as well as new opportunities. In this blog, we will explore the corporate tax compliance in the UAE, how it is affecting businesses, and the strategies companies are following to remain compliant and optimize their operations under the new tax system.
Corporate Tax in the UAE
In 2023, the UAE introduced a federal corporate tax for the first time in its history. This move aligns the UAE with global tax standards, particularly with the Organization for Economic Co-operation and Development (OECD) guidelines on tax transparency and corporate taxation. The corporate tax rate was set at 9% for taxable income exceeding AED 375,000, while income below this threshold would remain tax-free.
This landmark decision was part of the UAE’s ongoing efforts to diversify its economy and enhance its financial transparency. By introducing a corporate tax, the UAE aims to reduce its dependence on oil revenues, improve its fiscal position, and align itself with international norms.
The introduction of corporate tax in the UAE has sent ripples across various sectors, leaving businesses to reassess their operations, financial strategies, and compliance requirements. The new tax regime has brought about major shifts in how businesses plan, report, and manage their finances in the UAE.
How Corporate Tax is Affecting Businesses in the UAE
The introduction of corporate tax in the UAE has had a profound impact on businesses, both locally and internationally. While businesses are accustomed to a tax-free environment, the new tax regime has shifted the financial landscape.
Increased Compliance Burden
One of the immediate effects of the new corporate tax law is the increased compliance burden on businesses. Companies are now required to keep detailed records of their income, expenses, and profits to ensure they meet the tax obligations. This requires businesses to implement more robust accounting systems, train employees, and ensure that they are familiar with the tax regulations.
Cost of Taxation
For many businesses, the imposition of a 9% corporate tax is an additional cost that needs to be factored into their financial planning. For small and medium-sized enterprises (SMEs), this could have a significant impact on their profitability, as they are often working with smaller margins. Businesses will need to reassess their pricing strategies and cost structures to offset the increased tax burden.
Changes in Business Structures
Many businesses that previously operated under tax-free conditions may now have to restructure their operations. Some businesses may choose to incorporate into Free Zones to benefit from the tax exemptions that some of these zones still offer. Alternatively, companies might look at mergers or joint ventures to optimize their tax positions. As a result, the corporate tax law has made it necessary for businesses to revisit their corporate structures.
Shift in Investment Strategies
The introduction of corporate tax in the UAE may affect investor sentiment in the country. While the UAE remains an attractive investment destination due to its business-friendly environment and strategic location, the new tax regime may lead some companies to reconsider their investments. Businesses will need to reassess their long-term strategies, whether it be through corporate expansion, mergers, acquisitions, or other investment vehicles, to ensure their operations are optimized for the new tax regime.
Increased Demand for Tax Advisory Services
As businesses grapple with the new tax rules, there has been a growing demand for expert advice and assistance in corporate tax planning, filing, and reporting. Tax advisory firms in the UAE are experiencing a surge in demand, as companies seek help in understanding the finer points of tax compliance. This includes advice on tax-efficient structures, tax incentives, transfer pricing, and preparing for audits.
What Strategies Are Companies Using to Stay Compliant with Corporate Tax Laws?
With the corporate tax now in place, businesses in the UAE are adopting a variety of strategies to ensure compliance while managing the financial impact of taxation. Here are some of the most commonly used strategies by companies in the UAE:
Investing in Tax Technology and Automation
To ensure smooth and efficient tax reporting, businesses are investing in advanced tax technology. Automation tools help streamline tax filings, minimize errors, and reduce the administrative burden of compliance. Companies are leveraging tax software to automate tax calculations, file returns, and keep track of their tax obligations.
By adopting tax technology, businesses can improve their overall financial management and ensure that they remain compliant with the UAE’s corporate tax regulations. Tax technology also enables companies to prepare for audits more effectively by maintaining accurate and transparent financial records.
Tax Planning and Optimization
Strategic tax planning has become more important than ever for businesses in the UAE. Companies are adopting tax-efficient structures to optimize their tax liabilities. For example, businesses may choose to structure their operations to maximize tax deductions and exemptions, which can help reduce their overall tax burden.
Some businesses are also taking advantage of available tax incentives and exemptions, such as those provided in Free Zones. These zones offer tax holidays or tax reductions for businesses, making them an attractive option for companies looking to mitigate the impact of corporate tax.
Engaging Tax Experts and Advisors
As the corporate tax regime in the UAE is relatively new, many companies are engaging tax experts to help them navigate the complexities of the tax system. Tax advisors and consultants play a key role in helping businesses structure their operations to minimize their tax liabilities while ensuring compliance with local laws.
Advisors also assist businesses in preparing tax filings, preparing for audits, and understanding changes in tax regulations. By engaging tax experts, businesses can gain a deeper understanding of their obligations and ensure that they are meeting all tax compliance requirements.
Regular Financial Audits and Reviews
With the introduction of corporate tax, businesses are increasingly conducting regular financial audits and reviews. These audits help identify discrepancies, ensure that financial records are accurate, and provide reassurance that tax filings are accurate and compliant. Regular reviews also help businesses identify potential tax savings opportunities and areas where they may be overpaying taxes.
Financial audits ensure that businesses are ready for any potential tax audits by the government and can help address any concerns proactively before tax authorities become involved.
Revising Pricing Strategies
With the imposition of corporate tax, many businesses in the UAE are revising their pricing strategies to account for the new tax burden. This is especially important for companies operating on thin margins, such as SMEs. Companies may need to adjust their pricing to ensure that the impact of the corporate tax does not erode profitability.
Some businesses are also considering alternative revenue models, such as value-added services or subscriptions, to generate additional income to offset the tax impact.
Optimizing Operational Costs
Many businesses are looking at ways to optimize their operational costs in response to the introduction of corporate tax. This includes streamlining processes, cutting unnecessary expenses, and improving efficiencies. By lowering costs, businesses can mitigate the impact of taxes and protect their bottom line.
Operations such as supply chain management, logistics, and workforce optimization are key areas where businesses can reduce expenditures. Additionally, embracing technology in areas like procurement and HR can lead to cost savings.
Key Takeaways
The introduction of corporate tax in the UAE is a game-changer for businesses. While it has introduced new challenges, it also provides an opportunity for businesses to reassess their operations, embrace tax efficiency, and plan for long-term sustainability. The 9% corporate tax rate, combined with other regulatory changes, has created an environment where businesses must adopt smart strategies to remain competitive while ensuring compliance.
By investing in tax technology, engaging tax advisors, revising pricing strategies, and optimizing operations, companies can successfully navigate the new tax landscape. Compliance is now a business imperative, and businesses that approach corporate tax strategically can not only comply with the law but also continue to thrive in the evolving UAE economy.
As the UAE continues to align with global tax standards, corporate tax compliance will become an essential aspect of doing business in the region. The companies that embrace the new tax environment will be well-positioned for success, while those that fail to adapt may face financial challenges in the years ahead.
At Absolute Trust, we are committed to helping businesses navigate the complexities of corporate tax compliance and optimize their tax strategies. Our experts are here to ensure that your business remains compliant, minimizes tax burdens, and thrives in the new tax environment in the UAE.
Tax Audits In The UAE
Tax audits in the United Arab Emirates (UAE) became a reality after the Federal Tax Authority (FTA) implemented Value Added Tax (VAT) on the supply of taxable goods and services from 1 January 2018. Accordingly, as in any other tax regimes, the FTA undertakes an audit of business to verify its tax compliance.
A tax audit is the review of an organisation’s role as a taxable entity by the government. By conducting a tax audit (“Audit”), government auditors (“Auditor”) in the UAE ascertain whether a business is operating in-line with the tax laws including VAT and Excise laws amongst others. The objective of the Audit is to ensure that the tax liability is correctly ascertained, is paid correctly and tax due is collected and submitted to the government within the stipulated time.
Being Prepared For A Tax Audit In The UAE
It is expected that over time most entities registered for VAT will be subject to an Audit. Non-compliance with tax laws is likely to result in penalties and loss of reputation. A preliminary internal tax review by VAT experts before the actual Audit ensures that an organisation is:
- Adhering to the relevant tax laws
- Adopting the prescribed processes
- Maintaining correct record keeping and retention of documents
- Filing its VAT returns in a timely and compliant manner
It is recommended that such a review is conducted at least once each year to ensure that the business is compliant with changing tax laws and other statutes.
FTA Tax Audit In The UAE
It is expected that over time most entities registered for VAT will be subject to an Audit. Non-compliance with tax laws is likely to result in penalties and loss of reputation. A preliminary internal tax review by VAT experts before the actual Audit ensures that an organisation is:
- Various laws have granted power to the FTA to conduct tax audits at its discretion after giving due notice to an organisation. The FTA will conduct the Audit according to its internal processes and guidelines. The Audit can either be conducted at the premises of the business or the FTA may request that all necessary documentation be brought to its office or sent electronically.
- An Audit may include accessing and reviewing the financial records of the company both in the hard format as well as electronic form. The law stipulates that the FTA should be able to access the accounting and other tax-related records from within the UAE even if the data is stored remotely. The FTA may review the returns filed by an organisation and then proceed to determine if the returns are accurate and in line with VAT/Excise laws and the executive regulations.
- No reason need be given by the FTA for conducting an Audit.
- The FTA gives notice of at least 5 days to a tax registered business prior to the Audit. The notice indicates to the business the Audit schedule, place of assessment, parties involved, etc.
- According to the scheduled time and place, the Auditor and the taxable person/entity will meet to begin the required audit procedure. During the meeting, the Auditor may request certain business records in original or copies and carry samples of goods and other assets as available at the given place and time.
- The law grants the right to a business to ask for the credentials of an Auditor such as a professional identification card issued by the FTA or any relevant government authority.
- An Audit is performed only during the official working hours of the FTA. Nevertheless, there may be exceptional instances when a business is requested to cooperate with the Auditor outside the official hours, only if decided by the Director-General.
- The taxable person or entity subject to an Audit is required to extend all assistance to the Auditors conducting the Audit. The business is at liberty to engage the support of its tax agents, legal representatives and accounting and finance personnel. In case the Audit is conducted outside the premises of the business, the presence of the relevant person from the business is mandatory at the time of the Audit.
- On completion of the Audit, the FTA will issue a report including the violations observed and the penalties to be paid by the business if any. The FTA may also re-audit the business if it has grounds for suspicious activity.
How Absolute Trust UAE Can Assist With A Preliminary Tax Review In The UAE?
ABSOLUTE TRUST UAE offers a comprehensive taxation service in the UAE. Through our value-added services we aim to enable entrepreneurs/businesses to focus on business growth by appointing qualified tax experts to take care of all matters relating to tax in the UAE. Through our services we ensure that the interests of the business vis-à-vis tax compliance are protected and the risk of non-compliance is mitigated to a high degree. This approach helps businesses avoid penalties and loss of reputation.
The tax team at ABSOLUTE TRUST UAE includes an in-house team of expert tax professionals and consultants who have significant tax exposure and experience in dealing with VAT and Excise tax. A practical and hands-on approach led by a Director ensures that the client receives best in class service.