Module V·Article V·~1 min read

Tax Planning for Business in the UAE

UAE and DIFC Tax Regime

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The UAE as a Regional Hub

The UAE is an ideal platform for conducting business with the Middle East, Africa, and South Asia. DTT Network: The UAE has concluded approximately 130 Double Tax Treaties (DTTs), which reduces withholding tax on dividend, interest, and royalty payments from partner countries.

Structuring International Business through the UAE

Regional Headquarters (Regional HQ): tax incentives for companies recognized as regional HQs (qualification by the Ministry of Economy). Reduction of subnational fees, priority in obtaining licenses.

Trading Hub: The UAE is the largest trading hub: commodities (oil, metals, grain), consumer goods, technology. Freezone companies (JAFZA, DMCC) — zero tax on qualified trading income.

Holding Structure: use of the UAE as a holding jurisdiction: no withholding tax on dividends from the UAE to most jurisdictions; income from the sale of shares is not subject to CGT.

Substance as a Requirement

The preferential tax regime requires real presence. Economic Substance Regulations (ESR) in the UAE — since 2019: companies must demonstrate “sufficient” activity (employees, expenses, assets) in the UAE depending on the type of activity (holding, IP, headquarters, banking, etc.).

Practical Assignment

A Kazakhstani entrepreneur wants to create a holding structure for their assets in Kazakhstan, Russia, and the UAE. The proposal: DIFC Holding Company → Kazakhstani and Russian operating companies. Assess the structure: (1) Tax efficiency (dividends upstream in the structure). (2) ESR requirements for the DIFC Holding. (3) Risks of an “inactive holding”. (4) Alternative options.

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