UAE Corporate Tax: A Comprehensive Guide for Non-Residents

UAE Corporate Tax: A Comprehensive Guide for Non-Residents

Nov 3, 2023

UAE Corporate Tax: A Comprehensive Guide for Non-Residents as part of the new corporate tax law, which became effective on June 1, 2023.

The United Arab Emirates’ Federal Tax Authority (FTA) has introduced a comprehensive guide outlining the criteria for determining non-residents subject to corporate tax in the country.

Read more on our blog: UK Resident Non Domiciled Individual and Remittance Basis Taxation

This announcement is part of the new corporate tax law, which became effective on June 1, 2023.

In an official statement, the FTA has encouraged all non-residents generating income in the UAE to refer to the new guidelines and the pertinent legal framework available on their official website for reference and compliance.

For non-resident natural persons, the FTA’s guide specifies the conditions under which they may be liable for corporate tax.

There are two applicable scenarios for natural persons.

Firstly, if a natural person maintains a Permanent Establishment in the UAE with a turnover exceeding AED 1,000,000 during a calendar year. Secondly, if they earn State-Sourced Income from the Emirates.

In the case of non-resident legal entities (corporations), specific criteria must be met for them to be subject to Corporate Tax. These criteria encompass having a Permanent Establishment in the UAE, deriving State-Sourced Income, or having a connection in the UAE, such as earning income from Immovable Property within the country.

The guide emphasizes the necessity for non-resident legal entities to register for Corporate Tax purposes and obtain a Tax Registration Number (TRN) upon meeting the relevant criteria.

This step is crucial to prevent compliance delays and potential administrative penalties.

Additionally, the FTA has clarified that Corporate Tax registration is not mandatory for non-resident legal entities solely earning State-Sourced Income without a Permanent Establishment or connection in the Emirates.

ASEAN and GCC: Forging Stronger Economic and Energy Collaborations

Furthermore, the guide outlines that a non-resident natural person must register for Corporate Tax purposes and obtain a TRN if their turnover attributable to their Permanent Establishment in the UAE exceeds AED 1,000,000 within a calendar year.

This ensures adherence to the new regulations and facilitates a smooth tax compliance process for non-residents in the UAE.

More info at FTA

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KELMER GROUP’s privacy policy (GDPR version)

INTRODUCTION

Welcome to the KELMER GROUP’s privacy notice.

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GLOSSARY

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

EXTERNAL THIRD PARTIES

Service providers acting as processors based in the United Kingdom who provide IT and system administration services, including billing.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, agents and insurers based in the United Kingdom or abroad.
Professional advisers acting as legal representatives of counterparties.
HM Revenue & Customs, regulators and other authorities and agencies acting as processors or joint controllers based in the United Kingdom or abroad who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Data Processing Terms of Business for Suppliers

DATA PROCESSING TERMS

In order that you as a service provider and data processor (referred to as “Processor” or “you” or “your”) may provide or continue to provide certain services (the “Services”) to us, the Business and data controller (referred to as “the Business” or “we”, “us” or “our”), you have agreed that these data processing terms (“Terms”) shall apply (notwithstanding any other terms and conditions applicable to the delivery of the Services to the contrary) in order to address the compliance obligations imposed upon the Business and its Clients pursuant to the Data Protection Law. These Terms shall constitute a separate agreement or they may be incorporated by reference in the relevant Services agreement, as the case may be.

BY ACCEPTING ANY MATERIALS FROM THE BUSINESS OR OTHERWISE COMMENCING THE SERVICES (“EFFECTIVE DATE”), YOU AGREE THAT THE PROCESSOR WILL PROCESS BUSINESS PERSONAL DATA IN ACCORDANCE WITH THESE TERMS, WHICH YOU HEREBY ACCEPT FOR AND ON BEHALF OF THE PROCESSOR.

NOW IT IS HEREBY AGREED as follows:

SCHEDULE: Security measures

Processor shall put in place the following measures, as applicable.

Minimum technical measures

Firewalls which are properly configured and using the latest software;
user access control management;
unique passwords of sufficient complexity and regular expiry on all devices;
secure configuration on all devices;
regular software updates, if appropriate, by using patch management software;
timely decommissioning and secure wiping (that renders data unrecoverable) of old software and hardware;
real-time protection anti-virus, anti-malware and anti-spyware software;
https;
encryption of all portable devices ensuring appropriate protection of the key;
encryption of personal data in transit by using suitable encryption solutions;
multi-factor authentication for remote access;
WPA-TKIP secured WiFi access;
delinquent web filtering and other appropriate internet access restrictions;
intrusion detection and prevention systems;
appropriate and proportionate monitoring of personnel; and
data backup and disaster recovery measures and procedures.

Minimal organisational measures

Vet all personnel including staff, contractors, vendors and suppliers (including Subprocessors) on continuous basis;
non-disclosure agreements used with all personnel;
regular training of all personnel on confidentiality, data processing obligations, identification of Security Breaches and risks;
apply principle of least authority, including a restricted or strictly controlled transit of data and material outside of office;
physical security on premises including reception or front desk, security passes, clean desk policy, storage of documents in secure cabinets, secure disposal of materials, CCTV, etc.;
apply appropriate policies including Information Security Policy, Data Protection Policy, BYOD, Acceptable Use Policy; limited and monitored personal use of work resources, as appropriate.