How new corporate tax effect Free Zone companies in the U.A.E

The corporate tax in the UAE will affect free zone companies in the following ways:

  Qualifying income: Free zone companies that earn qualifying income will be taxed at 0%. Qualifying income is defined as income derived from activities carried out in the free zone, such as manufacturing, trading, and providing services.
  Non-qualifying income: Free zone companies that earn non-qualifying income will be taxed at 9%. Non-qualifying income is defined as income derived from activities carried out outside of the free zone, such as selling goods or services to mainland customers.
    Small business relief: Free zone companies with gross revenue of less than Dh3 million per year may be eligible for small business relief, which means they will not be taxed on their non-qualifying income.

The corporate tax will have a mixed impact on free zone companies. On the one hand, it will increase the cost of doing business for companies that earn non-qualifying income. On the other hand, it will reduce the cost of doing business for companies that earn only qualifying income. The overall impact of the corporate tax on free zone companies will depend on their specific circumstances.

Here are some additional things to keep in mind about the corporate tax and its impact on free zone companies in the UAE:

1.     The corporate tax is a new law, and there is still some uncertainty about how it will be implemented.
2.     The tax authorities have the discretion to interpret the law in a way that could be unfavorable to free zone companies.
3.     Free zone companies should carefully review their business activities to determine whether they are earning qualifying income or non-qualifying income.
4.     Free zone companies should consult with a tax advisor to understand their specific tax obligations under the new law.
   

Sheikh Mohammed issues law on free zones and special development zones in Dubai

In his capacity as Ruler of Dubai, Vice President and Prime Minister of the United Arab Emirates, His Highness Sheikh Mohammed bin Rashid al Maktoum, issued Law No. 15 of 2016 on the regulations issued by the authorities of free zones and special development zones in Dubai.

The new Law is applicable to all free zones and special development zones in Dubai, including Dubai International Financial Centre, DIFC. Government entities subject to this Law will publish any bylaws or regulations on their official websites and make them available to the public free of charge.

Pursuant to the Law, authorities of free zones and special development zones in Dubai may publish their regulations in Arabic or any other language. The regulations published in any authority’s official website is binding and considered effective within 30 days of the date of publication unless stated otherwise.

All regulations issued by authorities of free zones and special development zones in Dubai prior to Law No. 15 of 2016 remain valid and obligatory and must be communicated by the authorities through their official websites within 30 days of the date of activation of the new Law.

The new Law shall be published in the Official Gazette and is effective from the date of publication.

Mandatory benefits to employees in Jebel Ali Free Zone

Employees working in firms operating under the jurisdiction of the Jebel Ali Free Zone Authority (Jafza) are entitled to mandatory termination benefits as per the laws of the free zone. If the dismissal is deemed to be arbitrary, the employee shall be entitled to compensation in addition to severance payments due that are governed by the employment contracts in Jafza.

Compensation you are entitled to: According to Rule 11.8.7 of Jafza employment law, the amount of compensation that will be payable to a terminated employee shall be decided by the deemed authority here and will not exceed three times the total of the basic monthly wage and allowances as specified in the employment agreement.

Gratuity payment at termination: An employee whose service exceeds one year shall be entitled to a gratuity payment on termination of service at the rate of 21 calendar days pay of the last month’s basic salary (or more if the employment agreement so specifies) for each year of service for the first 5 years.

For each additional year, the amount increases to 30 calendar days of the last month’s basic salary, provided that the maximum payment does not exceed two years’ basic salary.

After the first year, payment will be pro-rata for the period served. The regulation clarifies that gratuity shall be calculated at the basic pay rate as defined in the employment agreement.

Airfare to home country: When an employee’s services are terminated, airfare to the international airport nearest to the employee's home should be offered. This is applicable at the expiry of the employment agreement or when the employment agreement is terminated by the client prior to its expiry.

If an employee’s annual contract is automatically renewed in accordance with the employment agreement, the employee is entitled to airfare either in the event of submitting a resignation or on dismissal, whenever this occurs.

However, if the employee has already availed the ticket for the completed contract period, s/he will not be entitled to an additional airfare for the same period.

A free service certificate :If the terminated employee wishes for some kind of record, he can request a service certificate, which is to be provided free of charge. The certificate will have details of the employee such as period of service, work performed while employed, final rate of pay and bonus, if any, and a character reference. These things can come in handy while applying for a new job elsewhere.

Unified Labour Contract for Employees in Dubai’s Free Zones

Employees in all the free zones of Dubai will have a unified employment contract under a new proposal discussed by a higher body.Chaired by Sheikh Ahmed bin Saeed Al Maktoum, Chairman of Dubai Free Zone (DFZ) Council, the meeting debated unifying of labour contracts for workers in these hubs in accordance with the labour laws of the UAE.

Sheikh Ahmed directed the Council members to put together a sample contract for working within the free zone areas. Starting January 1, 2016, the UAE implemented new labour contract that standardizes employment terms.

The Dubai Free Zone Council was established in April 2015 to develop and qualify Dubai’s free zones to attract investments and establish an advanced investment environment that contributes to promoting industry, commerce, tourism and the services sectors in Dubai.The Council comprises senior officials of the various free zones in Dubai as well as the Director General of Dubai Municipality and the Director-General of State Security in Dubai.

Ease of Company Transfer

The Dubai Free Zone Council approved a decision to facilitate the transfer of companies among the free zones in the emirate of Dubai.

A company that is looking to relocate to a new free zone can now transfer its complete registration and record to the new hub without having to cancel its outstanding registration and/or liquidating the business. This will give companies wishing to relocate to a more appropriate environment in Dubai the necessary financial and administrative stability to do so.

Following in-depth research and analysis of various measures within the UAE and abroad, the legal committee has developed a framework that will allow seamless transfer of companies between free zones, as directed by Sheikh Ahmed bin Saeed Al Maktoum.

Preventing Double Taxation

The members of the Dubai Free Zone Council also underlined the need to cooperate with the Ministry of Finance (MoF) in abiding with the international agreements signed by the UAE with regard to preventing double taxation.

The Council committed to providing the Ministry with necessary information and data to improve the classification of the UAE - as per the standards of the Global Forum on Transparency and Exchange of Information.

For its part, the Ministry of Finance presented the UAE’s obligations in the prevention of double taxation. Till date, the UAE has ratified 97 agreements for the prevention of double taxation and four agreements for the exchange of information for tax purposes.  The Council discussed ways to attract more investments through identifying appropriate solutions to some of the challenges highlighted in the feedback received on the UAE’s free zones.