How to register offshore company in Jebel Ali free zone to own property in the U.A.E

 How to own property in UAE in company name: The process of owning property in the UAE using a company name involves several factors, and the specific details will depend on the emirate you're interested in and the company's legal structure and ownership. However, here's a general overview: 

Company type and ownership: UAE or GCC nationals: Companies wholly owned by UAE or GCC nationals enjoy the most flexibility. They can own freehold property anywhere in the emirate with no restrictions.

Foreign-owned companies:

Free Zone companies: Established in designated free zones like Dubai Multi Commodities Centre (DMCC) or Jebel Ali Free Zone (JAFZA), these companies can own property within the free zone and specific designated areas in the emirate.

Onshore companies: Limited Liability Companies (LLCs) and other mainland companies under foreign ownership can also own property, but it's limited to designated areas by the emirate's Land Department.

Key points to consider: 

Permitted property types: Freehold ownership grants long-term ownership (usually 99 years), while leasehold offers a long-term rental agreement. Usufruct grants the right to use and benefit from the property but not own it.

Registration and approvals: Different emirates have specific procedures for company registration and property ownership in a company name. This typically involves obtaining approvals from the Land Department and relevant authorities.

Legal and tax implications: Consult a lawyer and accountant for advice on setting up a company for property ownership and potential tax implications. They can guide you through the legalities and ensure compliance with regulations.

Procedure to register offshore company in Jafza by any nationals to own property in uae

Here's a general outline of the procedure to register an offshore company in JAFZA for potential property ownership, but note that specific requirements and processes may vary:

1. Engage a Registered Agent:

Appoint a JAFZA-approved registered agent to handle administrative and legal matters.

The agent will guide you through the registration process and serve as a liaison with JAFZA.

2. Company Name Reservation:

Submit a proposed company name to JAFZA for approval.

Have a few options ready in case your first choice is unavailable.

3. Prepare Required Documents:

Ownership Information:

• Passport copies of all shareholders and directors
• Proof of residency for non-UAE nationals
• Memorandum and Articles of Association (MOA and AOA):
• Describe the company's structure, objectives, and rules.

Ultimate Beneficial Owner (UBO) Declaration:

• Identify the individuals who ultimately control the company.

Financial Documents (if applicable):

• Bank statements or other proof of financial standing.

4. Submit Application and Pay Fees:

Present the completed application form and supporting documents to JAFZA.

Pay the applicable registration and incorporation fees.

5. Obtain Incorporation Certificate:

Upon approval, JAFZA will issue a certificate of incorporation.

This officially establishes your offshore company.

6. Open Corporate Bank Account:

Establish a bank account in the company's name within JAFZA.

7. Seek JAFZA Approval for Property Purchase:

If you intend to buy property using the offshore company:

• Submit a formal request to JAFZA for approval.
• Provide details of the property and intended use.
• Approval is granted on a case-by-case basis.

Additional Considerations:

• Legal Advice: Consult a UAE-based legal professional throughout the process to ensure compliance and proper structuring.
• Tax Implications: Understand the potential tax consequences of owning property through an offshore company.
• Due Diligence: Conduct thorough due diligence on any property before purchase.
• Property Regulations: Research specific property regulations in the designated areas where foreign ownership is permitted.

Remember: 

JAFZA has the discretion to approve or deny property ownership requests.

Seek guidance from JAFZA and legal experts for the most up-to-date procedures and requirements. 

Is it possible for GCC Nationals? Nationals can register Jebel  Ali free zone offshore company to own property in the company name 

GCC nationals and Nationals can register a Jebel Ali Free Zone (JAFZA) offshore company to hold property. However, there are important regulations and considerations to be aware of: 

Ownership: 

GCC Nationals: Can fully own a JAFZA offshore company.

Non-GCC Nationals: May also own a JAFZA offshore company but with certain restrictions (e.g., may need a local partner or sponsor).

Property Ownership:

General Rule: JAFZA offshore companies cannot directly own real estate in the UAE unless approved by JAFZA.

GCC National-Owned Companies: May own real estate in certain designated areas open to foreign ownership, but this is subject to JAFZA's approval.

Procedure: If approval is granted, the property is registered in the company's name, not the individual owner's name.

Restrictions:

Business Activities: JAFZA offshore companies cannot conduct business with UAE residents or carry out banking, insurance, or other prohibited activities within the UAE.

Key Considerations:

Specific Approval: Always seek JAFZA's approval before purchasing property in a JAFZA offshore company's name.

Legal Advice: Consult with a qualified legal professional in the UAE to ensure compliance with all applicable laws and regulations.

Tax Implications: Understand the potential tax implications of holding property in a JAFZA offshore company.

Alternative Structures: Depending on your specific needs and goals, there might be other company structures or ownership arrangements that could be more suitable.

Recommendations:

Consult with JAFZA: Discuss your specific plans with JAFZA officials to clarify their current policies and procedures for property ownership by GCC nationals.

Engage Legal Expertise: Seek guidance from a UAE-based legal expert who specializes in corporate and property law to ensure proper structuring and compliance.

Explore Options: Consider alternative structures or arrangements if they better align with your investment objectives and risk tolerance.

By carefully considering these factors and seeking professional advice, you can make informed decisions about whether a JAFZA offshore company is the right structure for your property ownership goals.

Additional resources: 

The Official Portal of the UAE Government: https://u.ae/en/information-and-services/moving-to-the-uae/expatriates-buying-a-property-in-the-uae

Dubai Land Department: https://dubailand.gov.ae/en/

Jebel Ali Free Zone: https://www.jafza.ae/

Dubai International Financial Centre: https://www.difc.ae/

 It's crucial to seek professional guidance from a reputable property consultant, lawyer, and accountant due to the complex legal and financial aspects involved. They can help navigate the process, ensure compliance with regulations, and tailor your approach based on your specific needs and the chosen emirate. 

I hope this information provides a helpful starting point. Please let me know if you have any further questions or require more specific information about a particular emirate or scenario.

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.
   

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.