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Strategies for Holding Companies Amidst the Corporate Tax Landscape in the UAE

Strategies for Holding Companies Amidst the Corporate Tax Landscape in the UAE

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The UAE has set benchmarks in the global business environment, attracting global brands over the years. In the past, the absence of personal and corporate tax in the UAE made it a lucrative choice for investors. However, the Federal Tax Authority of the UAE has introduced Corporate Tax (CT) through Federal Decree-Law No. 47 of 2022, following which businesses and corporations need to shell out tax. This justifies why forward-thinking businesses are seeking professional support to understand 2024 UAE corporate tax guidelines and ensure compliance.

In this newsletter, let’s explore the prime aspects of the newly introduced corporate tax in the UAE and how it will affect Holding Companies.

What is a Holding Company?

A Holding Company may be a Limited Liability Company or a Joint Stock Company establishing its subsidiaries abroad or inside the State or controls existing entities by holding membership interests or shares. The company has control over the subsidiary firm’s management, thereby influencing their decisions.

Tax Implications for Holding Companies

The implications of the UAE Corporate Tax law on holding companies extend beyond compliance. They will impact the financial operations of Holding companies, from capital gains to dividend income. The CT law introduces new considerations for tax planning and optimization. For Holding Companies, it’s imperative to evaluate their streams of revenue and evaluate the impact of corporate tax on their bottom line.

Benefitting from Free Zones

For Holding Companies operating in the Free Zones in the UAE, there are unique strategies to reduce tax liabilities. Qualifying Free Zone Persons (QFZPs) may benefit from a 0% tax rate on their income. However, they need to fulfil certain criteria outlined by the Federal Tax Authority. In order to maximize tax efficiency, they should maintain adequate substance in the Free Zones and comply with regulations regarding transfer pricing.

Strategic Compliance with Participation Exemptions

Holding Companies should understand the conditions under which profits and dividends may be exempted from their taxation. With professional support, these companies can align their operations with the clauses mentioned in Article 22 of FD 47. This will significantly reduce their tax burden and boost their competitive advantage.

Enhancing Economic Substance

One of the prime determinants of tax compliance and efficiency for Holding Companies is to demonstrate adequate economic substance. For Free Zone entities, it is imperative to make sure that their core income-generating activities are conducted within the jurisdiction of the Free Zone. Thus, these businesses should employ adequate assets and staff to support their commercial operations. Adhering to Economic Substance Regulations (ESR) will help them maintain their tax residency status and avoid penalties.

Transfer Pricing Best Practices for Holding Companies

The Corporate Tax Law in the UAE comes with some provisions for transfer pricing. This involves a strategic approach to intragroup transactions for Holding Companies. Holding Companies should adhere to the arm’s length principles and document transfer pricing policies to mitigate the risk of audits. A proactive stance in reviewing their transactions is crucial, besides implementing robust pricing strategies to align with the regulatory norms.
Strategic Planning for Long-Term Success

The introduction of Corporate Tax in the UAE presents both challenges and opportunities for Holding Companies. With professional corporate tax advisory in Dubai from experienced teams, Holding Companies can position themselves for long-term success.

The IMC Group continues to be a trusted partner, specializing in corporate tax advisory. Foreign corporates and investors venturing into the UAE can seek personalized assistance and strategic advice tailored to their interests from this proficient group of experts.

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