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UAE Latest Business News: UAE brought in 40 percent of Foreign Direct Investment in the Arab region in 2017

The UAE succeeded in attracting almost 40 percent of FDI in the Arab region in the year 2017, as per a top official of the Ministry of Economy. Ahmed Al Saleh, who is the undersecretary for foreign affairs at the Ministry of Economy, said that the UAE has been leading the way when it comes to FDI inflows in this region. He further said that the UAE got 40 percent of FDI inflows into the Arab and Western Asian nations and approximately 23.3 percent of FDIs went to the Middle East and North Africa regions in the year 2017, totaling to $130 billion of cumulative FDI inflows, which was 8.7 percent more than 2016.

A whooping $330bn worth of cheques were processed in the UAE in 2018

In the 11 months of 2018, almost 22.5 million cheques which were worth AED1.2 trillion about $330 billion were handled by the UAE Clearing Cheque System, as per the data released by the Central Bank of the UAE (CBUAE). The cheques processed between January to November were almost 80 percent of the total cheque value processed in whole of 2017, which stood at AED1.5 trillion, as reported by the state news agency WAM. Seeing the monthly data, about 2.1 million cheques, which totaled to AED97.8 billion were processed during November as against AED118.2 billion handled in the same month last year.

Abu Dhabi offers a waiver on duties on industrial imports

The government recently announced that the industrial inputs that are imported into the emirate of Abu Dhabi will now be exempted from the customs duties as of January 15. The Abu Dhabi Department of Economic Development (ADDED) and the General Administration of Customs declared in a media briefing held in the capital about the tax waiver, which is a part of a stimulus package offered by ADDED to the industrial sector of Abu Dhabi. The list of exempted materials included the raw materials, equipment, machinery, and spare parts.

Dubai envisions expanding the Islamic economy to amount to 10% of GDP by 2021

The Dubai Islamic Economy Development Centre (DIEDC) has the vision to enhance the Islamic economy’s contribution to the city’s GDP to almost 10 percent (it was 8.3 percent in 2018) by implementing and using more new and modern technology by the year 2021. This decision comes as a part of a five-year strategy announced by DIEDC in 2017 with an aim to expand three major sectors of the Islamic economy, which includes Sharia-compliant products and services. The approach will be focusing on enhancing knowledge and skills, industry standards, usage of digital technologies especially in the sectors of Islamic finance, halal products, and also Islamic lifestyle like fashion, styling, and tourism.

1 billionth passenger welcomed on the Dubai International Airport 

The billionth passenger recently flew from the Dubai International Airport, making it one of the world’s busiest airports. Dubai’s ruler Sheikh Mohammed bin Rashid Al Maktoum said that they had reached a new milestone are definitely headed towards a brighter future. It was a nine-year-old boy flying in from Orlando, Florida, who was chosen as the honorary billionth passenger. As a part of the celebration, the child and his family were welcomed by the Dubai International’s chairman.

November: A month of Strong Improvement in Dubai’s Private Sector

According to the statistics from Emirates NBD (one of the largest banking groups in the Middle East), the private construction sector of Dubai saw phenomenal growth.  The non-oil private sector reflected faster expansions in business activity, new employment generation, and new work.

As per the data from Emirates NBD’s Dubai Economy Tracker Index, the three main non-oil sectors that saw improvements in November in comparison to the previous months include travel and tourism, wholesale and retail and construction. Among the three, the construction sector showed the fastest growth. The report further suggests that the growth of the non-oil private sector accelerated at the sharpest rate since August. The reason for such growth is attributed to healthy market conditions and successful promotional activity.

The rate of expansion in the above sectors was much greater than the overall trend for the year and above the historic average since January 2010.

The growth has further led to incremental job generation in the month of November. The employment data is now stable after a period of two months. The construction sector saw an increase in recording the personnel numbers. Furthermore, the new work data for November has shown a jump for the 33rd month in a row.

After experiencing a two and a half year of low, the rate of growth is the strongest in five months. The growth is led by construction, wholesale and retail sectors.

Launch of New Integrated Payment System by UAE

According to the Ministry of Finance, after the success of the eDirham system launched in 2001, UAE will launch a new integrated payment system. Senior local and federal officials were invited by the Ministry of Finance on Sunday for a meeting to review the strategic plan for the new system which is to be implemented in 2020.

As per the report by UAE’s state-run WAM news agency, the digital payment mechanism is under development. The payment system shall support all national and operating banks in the UAE. The mechanism is an effort by the federal government to protect the country’s financial system and ensure the sustainability of financial flows for free.

To discuss and review the transformation of the eDirham system, the senior representatives of 22 banks in the UAE met in the month of October.

During the same month, EDMobile application was unveiled by the Ministry of Finance. The application shall give the customers access to the eDirham services and e-payments.

With the help of the application, the customers can use their smartphones, EDMobile website or points of sales to pay charges. H1 revenues of the system experienced a 52.23 percent growth over the same period of the previous year with the total amount of AED 11.8 billion.

More than 3.7 million cards were issued for Dirham services whereas the number of recipients in H1 2018 were 11,385,661.

UAE Launched Phase 2 of Tourism Tax Refund Scheme on 16th December

UAE’s Federal Tax Authority (FTA) launched the second phase of the Tax Refunds for Tourists Scheme on Sunday, 16th December 2018. The first phase went into effect on November 18, 2018, and it covered major hubs like Dubai, Abu Dhabi, and Sharjah international airports. FTA launched phase 2 with full preparations and expanded the scheme to a total of 12 air, land, and sea ports across GCC country. The scheme entitled eligible tourists to recover value-added tax (VAT) refund claims incurred on their purchases.

Phase two scheme took forward the previous phase by implementing the scheme nationwide. The scheme covers Abu Dhabi, Dubai, and Sharjah international airports. There are inclusions of three airports in phase two that are Al Ain International Airport, Al Maktoum International Airport, and Ras Al Khaimah International Airport.

Furthermore, phase two also covers two sea ports and four land ports. The sea ports include Zayed Port in Abu Dhabi and Port Rashid in Dubai. The land ports include Al Ghuwaifat Border Post in Abu Dhabi, Hili Border Port and Al Madheef Border Crossing in Al Ain, and Dubai’s Hatta Border Exit.

Khalid Ali Al Bustani, FTA director general said: “We have witnessed great turnout among retailers to register for the Tax Refunds for Tourists Scheme and their numbers continue to increase.” He further added that 3,800 tax refund requests are processed under phase one of the scheme on daily basis.

Khalid Ali Al Bustani also said, “The FTA coordinated with the system operator Planet, running all necessary experiments to ensure the scheme is implemented smoothly and accurately.”

Khalid Ali Al Bustani emphasized on the fact that implementation of the scheme shall enhance the appeal of UAE as a tourist destination, improve internal trade and solidify the country’s position as a commercial hub for the region.

Abu Dhabi Launches First Digital Courtroom of the World

Abu Dhabi has launched the world’s first digital courtroom on Sunday. Launched by the Abu Dhabi Global Market Courts (ADGM Courts), these courts will revolutionize the way in which court proceedings are carried out. The courts will let the plaintiffs and respondents upload their documents using the online portal of ADGM Courts.

The digital courts shall have the power and authority to handle disputes of civil and commercial nature between parties. Since it is a digital platform, the courtroom will be paperless and use the digital screen to display the relevant documents during the court hearing. The parties shall have access to all the information as both plaintiff and respondent shall upload the necessary document using the online portal of ADGM Courts before the court hearing. Any update or change shall be notified to the party in real time.

Ahmad Al Sayegh, Minister of State and Chairman of the ADGM Courts said “Technology and innovation have been disrupting every aspect of our lives and the judiciary sector is no exception. The best innovations to come out of this sector are those that allow us to creatively manage the growing demand for transparency, information, speed and effectiveness,”

Linda Fitz Alan, registrar and chief executive of ADGM Courts said “We can do the court hearing by video conferencing, not every party has to be present in the courtroom. In fact, everybody can be on a screen if that’s the most efficient way. The judge overseeing the case will be the only person who has to be present inside the digital courtroom during the hearing because we are a public court. For anyone else — the lawyer, plaintiff and respondent — if there’s no particular need for it, they can all be on screen in different places,”

She further added, “We have some rules that determine the steps that need to be taken before coming to court, but essentially once a case is registered it will be brought to the court within 14 days to a month after which the judge will begin managing the case.”

Singapore’s Rankings Go Up and it Presents Itself as a Stronger Case by the Day!

If you check the global ranking of various places you consider to do business, Singapore surely shows as one of the top choices. It figures in the most smooth and straightforward countries to do business when it comes to financial compliance.

Many companies throughout the world have opted Singapore to set up their base in Asia Pacific. Some recent global trends and new developments further strengthen the case for company formation in Singapore and Singapore company incorporation even further.

Singapore’s government nowhere seems to be resting; it is introducing new changes to improve the business environment to a larger extent and make some amends to promote investments from some particular industries.

The Monetary Authority of Singapore (MAS) recently introduced the Variable Capital Company (VCC) structure, which is going to boost this country’s influence as a hub for the domiciling and management of funds. This simplifies the process of entering and exiting the funds for the investors for managing multiple sub-funds and in addition, streamlines the accounting procedures.

This change has been announced shortly after the changes done to the tax treatment of various Singapore-listed real estate investment trusts (S-REITs), which is slated to promote the progress of this asset class even further. The authorities have announced many incentives and put up support infrastructure in place so as to advance future-focused industries in the country, ranging from fintech to green buildings.

The Monetary Authority of Singapore has also announced a new Code of Corporate Governance 2018 in the month of August with a positive outcome to assist continued corporate performance and innovation along with strengthening the confidence of investors in the Singapore’s capital markets.

 

Foundations with a big promise

Other than pro-business regulations, Singapore is also blessed with private wealth and many high net worth investors (HNWI). In fact, this country’s ultra-HNWI population is expected to spiral up by 40% by the year 2026, thus leaving behind London and New York. The investors are going to take advantage not only from an optimistic funding environment but also a pool of very skilled local talent.

However, this doesn’t mean that there are no challenges or obstacles of doing business in the country. The Singapore government has been tightening its process for hiring any new global executives, making the anti money-laundering more stringent, and know your customer (AML/KYC) process steps including processes like opening a new bank account, could at times be more complicated than organizations expect.

But these challenges too have related positive points. This nation’s stability and high standard of living means bringing in and hiring global talent of a high potential that meets the benchmarks set by the government is hardly an issue for long. The thorough checks put in place by some banks are a proof of the reliability and safety of the financial system, which spurs the investors to do transactions and house funds in complete confidence.

Tapping the potential of the regional network 

Singapore is one of the partners in the Association of Southeast Asian Nations (ASEAN), a region which is expected to rank as the fourth-biggest economy internationally by 2030, housing a rising middle class. Because of its highly-developed infrastructure and connectivity, this city-state offers the ideal base to make a presence throughout Southeast Asia and outside.

The potential investors who are planning to make use of Singapore as a point to get into ASEAN must ideally seek some local support before planning their strategies and steer ASEAN’s still distinct bureaucracies.

By collaborating with such a partner from the start, the investors can plan their Singapore and other future operations in such a manner that would enable in moving smoothly and effectively so that they can tap into the best potential of the region.

The New Jebel Ali Offshore Company Regulation 2018

If you want to own or hold Dubai freehold properties, then Dubai-based JAFZA offshore company is the best option and is also the usually preferred SPV/SPC for this purpose.

JAFZA Offshore jurisdiction has seen a lot of evolution in the last few years and has become the most sought-after jurisdiction for owning Dubai freehold properties in UAE.  JAFZA offshore company is the only one that is allowed by the Dubai Land Department to possess property in chosen freehold areas, thus transforming it into the common vehicle when it comes to corporate property ownership for global individuals or legal entities/businesses. The free zone authority has recently announced new more investor-friendly and flexible Offshore Company policies and regulations.

Key features of the new JEBEL Ali Offshore Companies Regulation 2018

The Jebel Ali Free Zone Offshore Companies Regulations 2018 actually completely replaces the Jebel Ali Free Zone Offshore Companies Regulations 2003. The New Offshore Regulations are not only more investor-friendly but also offer new opportunities for global investors to streamline their enterprises in the UAE. The JAFZA Offshore companies can also hold shares in the free zone and onshore businesses to make the operations of a business smoother within the Middle East and outside of the UAE.

Options of Visa

An Offshore company that possesses any property in one of the selected freehold areas is permitted to apply to JAFZA to get a residence visa for its members like its Shareholder and/or Director.

Class of Shares

The new regulation has come up with the specification to set up a separate class of shares and hence give an opportunity to its investors to exercise management control over the offshore company.

Registered Agent

Regulation 32.1 of the newly-announced Offshore company regulation 2018 reads as ”An Offshore Company shall at all times have a Registered Agent. This requirement is optional for Offshore Companies that maintain an office in the Zone”.

Registered Office

The regulation 30(1) of the newly-announced offshore company regulation 2018 states that an offshore company has to as a mandate at all times have its registered office, which should be an office that is maintained in the Zone by the company or an office that is maintained in the Zone or in Dubai by the company’s registered agent, and all the communications and notices are addressed here. As per the New Offshore Regulations, an Offshore Company is also allowed to hold a lease of property for using as their registered office in any of the chosen freehold areas in the UAE, have a stake in some other operating company in the UAE and also possess a property in one of the specified freehold areas.

Number of Directors

According to the new offshore regulation, the business affairs could be managed with one director and this could be a corporate body. The Regulation 33.1 of new JAFZA Offshore Company regulation states ”Subject to any limitations in the articles of association, the business and affairs of an Offshore Company shall be managed by at least one Director.”

The needed majority for passing any resolution

Contrary to the repealed JAFZA Offshore Company Regulation 2003, the new 2018 regulation mandates 75% of the members to vote in person or exercise their vote through a proxy at the company general meeting for which a statutory notice explaining the purpose of the resolution must be circulated to all the members.

Re- Domicile or transfer of incorporations

Regulation 111 & 116 of the new JAFZA Offshore Company, 2018 permits the businesses and organizations to re-domicile and also transfer to this jurisdiction if they are authorized by the laws of the jurisdiction in which it was incorporated. A JAFZA Offshore Company may need a resolution and an approval of Registrar of Offshore companies for applying to the relevant official or a government or public body of a particular foreign jurisdiction for transferring its incorporation to the foreign jurisdiction and also request that the Offshore Company should be continued as a foreign company.

Prohibition of loans to directors

AS per the new JAFZA Offshore regulation, it is strictly prohibited to giver a loan to a Director or to go into any guarantee or offer any security related to a loan made to a Director without the approval of members holding not less than 90% of the normal value of shares, thus giving a right for attending and voting at any meeting of the members.

Transformation of offshore company to onshore free zone company

An Offshore Company requires a resolution for applying to the Registrar if it decides to change its corporate form into a Free Zone Company in the Jebel Ali Free Zone. The date of this incorporation of the Free Zone Company would be the same as the Offshore Company and all the rights and obligations of the Offshore Company would continue with the Free Zone Company.

If you need professional advice, we will be more than happy to help in JAFZA offshore company formation or Company formation in Dubai. Do get in touch and our experts would guide you the next steps as per your requirements.

DIFC Company Regulations Highlights

The DIFC has lately announced their policies and guidelines regarding the Ultimate Beneficial Owners (UBO) of companies. A beneficial owner is defined as a person within a company who, as per the new DIFC regulation, directly or indirectly controls or holds either of the following:

  1. Shares or some other Ownership Interests in the applicable person over the relevant percentage;
  2. Voting rights in the applicable person above or more than the relevant percentage; or
  3. The right to give appointment or remove a big number of Directors of the applicable or relevant person.

Regarding a partnership, the UBO is allowed to exercise considerable control overall.

In case it’s a foundation or some Non-profit organization or, the UBO is usually an individual or person who has the legal control of all the activities of the Governing Body of the business entity or the operations conducted by it.

Details of the Law

The basic premise of the Ultimate Beneficial Ownership Regulation (Consultation Paper Number 7 of 2018) is to clarify that the UBO of a company or a business entity is to be identified. They should be a formalized prerequisite within the earlier mentioned legal forms of enterprise. In addition to this, this new regulation also explains that the DIFC holds the responsibility for ensuring that they are aware of the UBOs and possess updated information about them.

The exemptions are covered under Article 2 and Article 3 provides the definition of a UBO according to this law, which we have mentioned in this article. This article contains in-depth information and deals with other circumstances like 3.1.2, which concerns cases of two or more UBO parties.

A registrar holds all the collected information on the UBOs within the DIFC, and the relevant or applicable person decides to acquire this information and then communicate it to the registrar, as described in Article 3.2.2.

Article 4.1.4 describes the specific data regarding the requirement of collecting on the UBOs. This includes information such as the UBO names, nationality, addresses, date of birth and other such details. Article 4.2 explains the process if a new UBO comes or replaces the earlier one and how an application has to be made to the court. Other than this, in case any problems arise regarding the current UBO, an application is required to be made in a court to find a resolution of the matter.

Article 5 talks about an entity’s Nominee Director. This person who will be a Nominee Director of a company, has to be registered, and the information to be collected is the same as the UBO, and Article 5.2.1 confirms the same.

The duties and responsibilities of the registrar are mentioned under Article 7 and include data collection and analysis of the data; however, this should only be with a purpose to regulate things like money laundering, terrorist financing, or criminal organizations and sanctions conformity in the DIFC, and to be in compliance with any other such applicable laws in the DIFC.

Last but not the least; Article 8 describes any situations where any persons who had to obtain the information on the UBO or the Nominee Director and fails to follow any of these regulations, would be struck off by the registrar.

Five Lessons that Introduction of VAT Brought for the GCC

Almost after a year of VAT implementation, too many businesses and organizations in the UAE and Saudi Arabia still require assistance in setting up their tax treatment accurately, while enterprises in Bahrain would require being VAT-compliant from 1 January 2019.

The United Arab Emirates (UAE) and Kingdom of Saudi Arabia (KSA) have been first of the six Gulf Cooperation Council (GCC) member states who introduced VAT at a rate of 5% in January 2018. It’s been a year and there are still so many companies who are struggling to be compliant.

So, what were the reasons that these companies tripped in the UAE and Saudi Arabia? What could be the challenges for those functioning in Bahrain starting from January?

We have collated the top five key lessons that companies across the Gulf could go through while the VAT rollout process continues. In case you need help in VAT implementation in GCC, complying with VAT rules, or finding VAT consultants in Dubai, just get in touch with us.

1. Linking and validation is still a work-in-progress

Organizations have had issues while linking their tax registration number and also customs registration numbers to official systems so as to conclude and submit their final VAT return, for no fault or miss from their side.

As per the GCC’s VAT agreement, the VAT payable on imported goods in member states should be paid right at the first point of entry and is then transferred to the last destination state in the framework of the GCC Customs Union. But in practical sense, every member state has to build its own electronic tax system and then link it with the GCC tax information centre which operates through a central website. As all the GCC states have still not implemented VAT, the unified GCC tax information ‘hub’ is not connected to each local tax system yet. Provisionally, the UAE and KSA are considering the transactions between them as outside of the GCC.

Till such time when all the six GCC states bring in VAT, various transitional rules will remain in play and there would be a lot of local tax complexity. There is an impact on business, for example, in the ‘use and enjoyment rules’ as all the member states are considered as ‘non-GCC’ – which impacts the cashflow.

After the remaining four GCC states also announce VAT, businesses will have to readjust their tax treatment especially for inter-GCC transactions while complying with the unified GCC VAT agreement.

2. Know about your VAT from the accounting requirements

In the UAE and KSA, there have been confusions between VAT reporting requirements and the accounting rules.

Irrespective of the date of the sales invoice, the VAT liability is calculated based on the time period in which the related payment is given, or the products/services are delivered. The organization’s ERP systems should be checked accordingly to make sure that the charging VAT is correctly adopted.

3. Different tax treatments in different zones

There are different tax treatments in the UAE in various designated zones (DZs or free zones) and also in mainland entities. DZs are especially designed to give incentives to enterprises and be the tax-free zones for goods. They are thus outside of the UAE for the purposes of VAT.

This, however, does not mean that any business set up as a DZ or free zone entity will be exempt from VAT. It completely depends on how their business activities are managed inside the zone.

4. Consistent reporting is critical

The Emirate-level reporting guidelines are applied variably in the UAE, because of which some businesses at times wrongly account for VAT on the sales they make, based on where their customers are located. It is advised to work with local tax experts to make sure that you’re reporting as per the accurate requirements.

Companies could face administrative penalties if they violate the VAT law, like missing the payment of VAT or filing deadlines. The VAT return has to be filed with the tax authority before 28th (in the UAE) or before the last day (in KSA) of each month after the end of the tax period.

5. Business versus personal expenses

Some expenses undertaken for a business can be input as VAT recoverable; however, they should have been used for making taxable supplies (standard-rated or zero-rated). The input tax cannot be recovered if the company provides exempt supplies which are non-taxable.

The VAT law also has a Capital Assets Scheme which enables to recover the input tax paid while acquiring new assets. The initially-recovered input tax is finally adjusted based on the actual usage during a particular period.

Bahrain VAT Return Frequency and Filing

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