With the official release of the corporate tax in UAE, all businesses and entities are striving to know their liabilities in order to stay compliant with the legislation. There are various provisions in the Federal corporate tax law that businesses should learn such as those about residents and non-resident persons. This article will revolve around the taxation of non-resident persons.
Who is a non-resident person as per the corporation tax law?
Corporate tax in UAE is levied differently for a resident and a non-resident person. A Non-Resident Person is a Person who:
a) Does Not Qualify as a Resident Person under Clause 3 of Federal Decree Law No.47
b) Does Not Have a Permanent Establishment in the State as define by Clause 14 of this Decree-Law.
b) Receives income from state sources as defined in Article 13 of this Decree-Law.
c) Has a connection to the State as defined in a decision made by the Cabinet on the Minister’s recommendation.
Guidelines for Determining Residency Status
The residence, kind of business operations, and length of time spent inside the UAE are all taken into account when determining a person’s or an entity’s residency status. The FTA provides guidelines for determining residency status which are as follows:
Place of Abode
A person will be considered a non-resident person if:
a) When it has a fixed location in the State where the Non-Resident Person conducts all or part of its business.
b) When a person has permission to carry out a business or other activity in the State on behalf of a non-resident person and regularly exercises such permission.
c) If it has any other type of connection to the State, as defined in a decision made by the Cabinet on the Minister’s recommendation.
Nature of Business Activities: An individual or entity is considered a resident of the UAE if they conduct business activities within the country. This includes carrying out trade, commerce, or any other activity that generates income.
Duration of Time Spent in the UAE: A person or organization is classified as a resident of the UAE if they spend 183 days or more there during a tax year.
What is meant by a fixed location?
According to corporate tax law, a non-resident person is allowed only to have a fixed location in UAE. The places which can be considered as fixed locations are:
a) An area of management where managerial and business choices that are fundamental to the operation of the Business are made.
b) the branch.
c) A workplace.
d) Land, structures, and other real estates.
e) A facility or installation used to explore natural resources, whether they are renewable or not.
f) A quarry, gas or oil well, a mine, or similar other location where natural resources are extracted, including the equipment and buildings utilized there.
g) a construction site, project, assembly or installation location, or supervision-related activities—but only if such a site, project, or activities—whether undertaken independently or in cooperation with other sites, projects, or activities—continue for a period of time longer than a year.
When does a permanent location not treated as Permanent Establishment?
If a fixed or permanent location in the State is utilized only for one of the following reasons, it will not be regarded as a Non-Resident Person’s Permanent Establishment:
a) The storing, exhibiting, or delivery of that Person’s products or commodities.
b) Keeping a stock of that Person’s products or merchandise with the express intent of having another Person process them.
c) Making purchases for the non-resident person or gathering information for them.
d) Carrying out any other activity that is auxiliary or preparatory for the non-resident person.
e) Carrying out any combination of the actions listed above as long as the overall activity is of a preliminary or auxiliary nature. In conclusion, an individual or company who does not have a permanent place of residence in the nation and does not engage in commercial activity there is referred to as a non-resident person regarding corporation tax in the United Arab Emirates. Non-resident persons are taxed on a withholding tax basis and are only taxed on income earned from UAE sources. The residency status of an individual or entity is determined based on several factors, including the place of abode, the nature of business activities, and the duration of time spent in the UAE. It is important for non-resident persons to pay corporate tax in UAE and understand their tax obligations and ensure that they comply with the tax laws and regulations in the UAE. Consult experts like Farahat and co. corporate tax advisory services if needed.