United Arab Emirates Archives - Page 17 of 64

UAE: Announces 15% Domestic Minimum Top-Up Tax for Multinationals in 2025

10/12/202410/12/2024
by Hannah Gutang

Khaleej Times, 9 December 2024: The UAE is set to implement a new tax on multinational companies operating in the Emirates.

Large multinational enterprises (MNEs) must pay a minimum effective tax rate of 15% on their profits.

The Finance Ministry has announced that Domestic Minimum Top-up Tax (DMTT) will be effective for financial years starting on or after 1 January 2025 to establish a fair and transparent tax system aligned with global standards.

The Ministry has added that the DMTT will apply to multinational enterprises operating in the UAE with consolidated global revenues of €750 million (Approx Dh300 billion) or more in at least two out of the four financial years immediately preceding the financial year in which the DMTT applies.

Further details on this legislation will be issued by the Finance Ministry in due course.

The UAE continues to improve its business-friendly environment, reflecting its commitment to national strategic objectives such as strengthening economic competitiveness and improving ease of doing business.

This major update is in line with the country’s commitment to implement the Organisation for

Economic Co-operation and Development’s (OECD) Two-Pillar Solution.

To promote sustainable growth, innovation, and investment, the Finance Ministry is considering the
introduction of the following Corporate Tax Incentives under Federal Decree-Law No. 47/2022.

A research and development (R&D) tax incentive is being considered to encourage research and development (R&D) activities and foster innovation and economic growth within the UAE.

Based on feedback received during public consultations conducted in April 2024, the proposed incentive is expected to take effect for tax periods starting on or after 1 January 2026.

The R&D tax incentive will be expenditure-based, offering a potential 30-50% tax credit and will be refundable depending on the revenue and number of employees of the business in the UAE.

The scope of Qualifying R&D activities will be aligned with the OECD’s Frascati Manual guidelines and must be conducted within the UAE.

Another incentive being considered is a refundable tax credit for high-value employment activities.

This aims to encourage businesses to engage in activities that deliver significant economic benefits, stimulate innovation, and enhance the UAE’s global competitiveness.

This incentive is proposed to take effect on 2 January 2025 and will be granted as a percentage of eligible salary costs for employees engaged in high-value employment activities.

This includes C-suite executives and other senior personnel performing core business functions that add substantial value to the UAE economy.

The final form and implementation of the proposed incentives are subject to legislative approvals.

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News developments

Lexis Middle East Gulf Tax – Winter 2024 Edition

09/12/202409/12/2024
by Hannah Gutang

The latest edition of Lexis Middle East Gulf Tax magazine provides a comprehensive overview of the evolving tax landscape in the GCC region. The magazine delves into the OECD’s Pillar Two or Global Anti Base Erosion Rules, highlighting the challenges multinational enterprises face due to varying approaches by different jurisdictions, particularly in the GCC. Bahrain stands out as the first GCC country to enact a Domestic Minimum Top-Up Tax, with implementation set for January 2025.

The issue also explores the implications of recent changes in VAT treatment for Investment Fund Management Services and provides a round-up of key tax treaty developments and regulatory changes in the region.

Additionally, it discusses potential tax reforms in Oman and Kuwait, and features insights from tax professionals on the rapid pace of legislative changes in the GCC. The magazine concludes with an examination of new details on disputing tax assessments and penalties in the UAE.

FEATURE: PILLAR TWO: WHAT NOW?

Bahrain is the pioneering GCC country to introduce a Domestic Minimum Top-Up Tax. Shashank Chandak of KPMG analyses the current positions of Bahrain and other GCC nations on Pillar Two.

FEATURE: INVESTMENT APPROACHES

With recent changes to the VAT treatment of Investment Fund Management Services, Markus Susilo of Crowe analyses the general differences in tax treatment for Investment Management Services and investment funds.

TAX NEWS ROUND-UP

This round-up highlights the latest significant changes in tax agreements and regulatory updates throughout the region, offering readers a thorough understanding of the current developments.

PRACTICAL FOCUS: TAX REFORM IN OMAN AND KUWAIT

Rami Alhadhrami, a Tax Partner at BDO Kuwait, and Asrujit Mandal, a Tax Advisor in Oman, discuss the potential tax system reforms in Oman and Kuwait, focusing on changes to income and profit taxation.

TAX PROFESSIONAL PROFILE

According to Asrujit Mandal, Tax Partner at BDO LLC for Oman and Bahrain, the rapid pace of change in tax legislation poses the greatest challenge for businesses in the GCC.

ANY QUESTIONS?

Tina Hsieh of Baker McKenzie delves into the recent updates from the FTA concerning the procedures for challenging tax assessments and administrative penalties in the UAE.

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Lexis Middle East Gulf Tax_Winter 2024

Have you read the Lexis® Middle East Gulf Tax – Past editions? Click the links below to access them.

Lexis Middle East Gulf Tax | Autumn 2024

Lexis Middle East Gulf Tax | Summer 2024

Lexis Middle East Gulf Tax | Winter 2023

Lexis Middle East Gulf Tax | Autumn 2023

Lexis Middle East Gulf Tax | Spring 2023

News developments

UAE: New Federal Traffic Law Introduces Stricter Regulations and Safety Measures

05/12/202405/12/2024
by Hannah Gutang

Khaleej Times, 3 December 2024: On 29 March 2025, a significant federal decree on traffic regulations will be implemented, introducing several key changes aimed at enhancing road safety.

The minimum driving age will be reduced to 17 years, allowing younger individuals to obtain a driver’s license.

In a bid to reduce noise pollution, the decree bans the operation of excessively noisy vehicles and restricts the use of car horns within city limits, except in situations where they are necessary to prevent danger or accidents.

The new regulations also prioritise pedestrian safety by prohibiting road crossings where speed limits exceed 80 km/h.

Authorities have emphasised that non-compliance will result in civil or criminal liability.

To deter serious traffic violations that could lead to fatal accidents, the law outlines “deterrent penalties” for offences such as driving under the influence of alcohol or narcotics, hit-and-run incidents, jaywalking, and driving in flood-prone areas during adverse weather conditions.

Additionally, transporting hazardous materials or unusual loads will now require a special permit from the relevant authorities, ensuring safer transportation practices across the country.

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News developments

Sharjah: Reduces Property Transaction Fees

05/12/202405/12/2024
by Hannah Gutang

Arabian Business, 27 November 2024: Sharjah moves to reduce fees for the sale and purchase of property transactions, a move seen to enhance the attraction of the emirate’s real estate sector to international investors.

The decision on the fee reduction, approved by the Sharjah Executive Council (SEC), was conveyed to the organisers of the forthcoming real estate exhibition ACRES.

SEC’s decision includes a 0.5% reduction in selling fees for developers and discounts on purchase fees; one percent for UAE and GCC citizens and 2 percent for other nationalities.

The Organising Committee of the Sharjah Real Estate Exhibition said the decision to reduce property transaction fees will significantly enhance the emirate’s real estate sector.

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News developments

Dubai: Strict Enforcement Actions by FSA Against Financial Misconduct

05/12/202405/12/2024
by Hannah Gutang

Khaleej Times, 27 November 2024: In 2024, the Dubai Financial Services Authority (DFSA) took strict action against a company that mismanaged client investment funds and an individual involved in money laundering.

In one case, a former relationship manager was fined nearly $1 million (around Dh3.6 million) for deceptive conduct and for facilitating the money laundering technique known as layering.

The Head of Enforcement at DFSA has explained ‘layering’ as a series of transactions to create the impression that the money has gone from one person to another, whereas it’s the same person or it’s the same people who are running the whole thing.

The individual, a private banker gave false information to his compliance function to allow that activity to continue, and he generated quite a lot of bonus income as a result of the commissions from those clients.

Another company, OCS International Finance, was fined for misusing clients’ funds.

They misled a bank about the nature of some money which they had deposited, and they then also misused the money.

That was client money which they had to protect and under the rules, they had to keep it in a separate account.

They did not do that, but they lent that money to a related party without telling the client they were doing it.

That related party then did not repay the money.

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News developments

Abu Dhabi: Launches Mandatory Nutri-Mark Labeling to Combat Obesity

05/12/202405/12/2024
by Hannah Gutang

Khaleej Times, 3 December 2024: Starting 1 June 2025, a mandatory nutrition grading system will be implemented for five food categories in Abu Dhabi, as part of a new labeling initiative by quality control and health officials.

Products on supermarket shelves without the Nutri-Mark label, which evaluates the nutritional content of food items, will be removed, and responsible parties will face fines.

This regulation also applies to items displaying a higher grade than warranted.

Nutri-Mark assigns a nutritional value grade from A to E, with A representing the healthiest option.

The initial phase of this scheme targets baked goods, oils, dairy products, children’s food, and beverages.

The initiative aims to combat obesity by offering consumers clear and accessible information about the nutritional values of products.

More food items are expected to be included under the Nutri-Mark system following the first phase.

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News developments

UAE: Corporate Tax Registration Deadline for Resident Juridical Persons

29/11/202429/11/2024
by Hannah Gutang

The Federal Tax Authority (FTA) has renewed its calls for Resident Juridical Persons with Licences issued in October and November, regardless of the year of issuance, to promptly submit their Corporate Tax registration application no later than 30 November 2024, to avoid Administrative Penalties.

The FTA advises Taxable Persons to adhere to the timelines specified in Cabinet Decision No. 3/2024 on the Timeline for Registration of Taxable Persons for Corporate Tax, which came into effect on 1 March 2024.

Resident Juridical Persons incorporated or established before March 1, 2024, must submit their Corporate Tax registration application based on the month their Licence was issued, irrespective of the year.

For Taxable Persons holding multiple Licences on 1 March 2024, the deadline is determined by the Licence with the earliest issuance date.

Registration for Corporate Tax is available through the EmaraTax digital platform, accessible 24/7.

The process has been streamlined into four main steps, taking approximately 30 minutes. Taxable Persons can also register through authorised Tax Agents or government service centres.

The FTA has urged Taxable Persons subject to Corporate Tax to review the Corporate Tax Law, related decisions, and guidelines published on the FTA website: tax.gov.ae.

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News developments

Sharjah: Issues Law Regulating Digital Department

29/11/202429/11/2024
by Hannah Gutang

Sharjah has issued a law regulating the Sharjah Digital Department (SDD).

This law aims to improve Sharjah’s status as a smart digital city, solidifying its local and international leadership and competitiveness.

It seeks to raise awareness among government entities about the importance of digital transformation, transparency, and governance to advance institutional work and enhance stakeholder satisfaction.

The law contributes to enhancing the effectiveness and efficiency of performance through the excellence of the government sector in digital transformation and providing smart digital services based on global standards.

It supports the government’s efforts to achieve comprehensive development in the emirate by providing shared digital systems, platforms, and channels, facilitating the exchange of information and data among government entities.

The SDD is empowered to develop relevant strategies and standards related to digital transformation, information security, and technology use.

It coordinates joint efforts between institutions in the governmental and private sectors to efficiently build, develop, and manage the digital transformation system and its services.

The department supervises the digital transformation system in the emirate, establishing necessary standards and indicators to support operational plans within government entities and their governance.

Furthermore, the SDD oversees the official government portal, the unified government services platform, and applications developed, operated, and enhanced by government entities.

It develops specifications to ensure optimal use of modern technology, data analysis practices, and AI in government entities, monitoring their implementation.

The department studies, reviews, and approves all initiatives and projects submitted by government entities regarding digital transformation, information technology, and information security to ensure their standardisation across the emirate.

It formulates frameworks and technical standards for infrastructure, data sharing platforms, open data, and digital service and technology management methodologies.

The SDD manages projects and programs related to digital transformation, infrastructure development, digital communication networks, applications, and systems at the emirate level, integrated services, and defines roles and responsibilities for each entity.

It represents the emirate at local, regional, and international levels in relevant fields, participating in exhibitions, events, conferences, seminars, and meetings.

The law outlines the department’s competencies related to digital systems and services, information security, data management, infrastructure, and digital empowerment.

It specifies the Director-General’s authority, including developing policies, overseeing operations, proposing draft laws, representing the department, presenting budgets, signing agreements, forming committees, and delegating powers.

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News developments

Dubai: New Circular Outlines Requirements for Installment Requests

29/11/202429/11/2024
by Hannah Gutang

The Dubai Courts have issued a new circular outlining the requirements for accepting installment requests.

According to the circular, the installment request is first referred to the Settlement Department for review.

The department studies the request and negotiates with the parties to reach a settlement.

If a settlement cannot be reached, the conditions for accepting the installment request are verified, and the request is forwarded to the competent authority.

For an installment request to be accepted for consideration, the party must fulfill the following requirements: Payment of an initial installment of 20% of the outstanding amount before submitting the installment request.

The advance payment shall not be considered as final acceptance of the installment plan.

Proof of monthly income, which includes a salary certificate or an income statement from any other source.

Submission of a detailed bank statement for the last six months.

Proof of ownership: Submission of documents proving ownership of any assets such as real estate, vehicles, or stocks.

Submission of a declaration from the party outlining their overall financial situation and confirming the accuracy of the provided information.

The new circular aims to streamline the process of installment requests and ensure that parties provide accurate and comprehensive information to support their requests.

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News developments

DIFC: Reinforces Common Law Foundations and Enhances Real Estate Regulations

29/11/202429/11/2024
by Hannah Gutang

The Dubai International Financial Centre (DIFC) has enacted significant amendments to DIFC Law No. 3/2004 on Application of Civil and Commercial Laws and DIFC Law No. 10/2018, DIFC Real Property Legislation.

These changes solidify DIFC’s position as a leading international common law jurisdiction and enhance the regulatory framework for real estate transactions within the financial centre.

New Articles 8A and 8B has been added to the Application Law.

Article 8A of DIFC Law No. 3/2004 establishes that DIFC Law is determined first by DIFC statutes and court judgments, supplemented by the common law principles and rules of equity from England and Wales, as well as other common law jurisdictions.

Article 8B of DIFC Law No. 3/2004 states that interpretation of DIFC statutes may be guided by principles developed in analogous laws in established common law jurisdictions and international jurisprudence for model laws adopted by DIFC.

Real Property Law and Regulations Amendments: Introduction of a 0.25% Mortgage Registration fee based on the value of the mortgage being registered.

Extension of the registration period for Off Plan Sales from 30 days to 60 days, providing more time for purchasers to register transactions and pay the Freehold Transfer Fee.

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