A Qualifying Freizone Person may benefit from a 0% Körperschaftsteuer rate on Qualifying Income if every statutory condition is met.
The conditions include:
If the company fails a qualifying condition, it can lose Qualifying Freizone Person status for the relevant Tax Period and the following four Tax Periods.
The Federal Tax Authority explains that adequate substance is assessed with reference to the company's:
A company without VAE employees is not necessarily disqualified in every situation. Certain activities may be outsourced under the applicable conditions if the company maintains adequate supervision. Nevertheless, a minimal registered address and no meaningful VAE activity may be difficult to reconcile with a substance-intensive business model.
The substance assessment should be completed before claiming Freizone Körperschaftsteuer benefits.
The company's tax position and the shareholder's personal tax residence are separate questions.
A company incorporated in a VAE Freizone may be treated as a VAE juridical person for Körperschaftsteuer purposes. That does not automatically make its shareholder personally resident in den VAE.
Foreign tax laws may also examine where the company is effectively managed.
International Gründer should obtain advice in den VAE and their country of residence.
Owning a Freizone company does not automatically guarantee that either the company or shareholder will receive a VAE Tax Residency Certificate.
The application depends on:
A shareholder seeking a personal Tax Residency Certificate normally needs to satisfy the relevant individual conditions independently of company ownership.
A VAE-resident business generally must register when its taxable supplies and imports exceed AED 375,000 over the previous 12 months or are expected to exceed the threshold within the next 30 Tage.
Voluntary registration may be available above AED 187,500, subject to the applicable conditions.
The company must consider:
A customer being located overseas does not automatically make every transaction zero-rated or outside the scope of MwSt.
A zero-visa company should maintain proper accounting records from incorporation.
Records may include:
The FTA has emphasised that taxable persons must retain documents supporting their Körperschaftsteuer returns and other submissions.
An audit may be required because of:
A Qualifying Freizone Person must prepare audited financial statements.
The lack of employees or visas does not remove the audit requirement where it otherwise applies.