Chapter 1: The UAE Tax & Compliance Journey | UAE Corporate Tax Masterclass — Transcript
Full transcript
- 0:00Welcome everyone to the first chapter of UAE corporate tax series.
- 0:04In first chapter we are going to discuss certain basic terminologies and why UAE came up with the
- 0:12tax concepts and compliance concept and how the country is making regulations.
- 0:20we'll make sure that we are touching upon certain other compliances which
- 0:25are applicable in UAE. Before starting the video uh let me give you few uh advance notifications.
- 0:34First thing please do not consider the lectures what we are discussing as a tax advisory. It is
- 0:42purely for educational purpose. If you have any particular questions where you required a sort
- 0:49of tax advisory or a tax opinion you can reach out to me. Second thing throughout the series
- 0:56when I'm discussing I'm going to refer certain article numbers, the cabinet decision numbers,
- 1:02ministerial decision numbers, FTA guides public clarification. All these things I'm
- 1:07going to discuss you don't need to memorize the numbers when I'm talking about articles or when
- 1:13I'm talking about the decision numbers .But if you want to feel more confident while talking to
- 1:19your clients or talking to your colleagues you there is nothing wrong. You can like you know
- 1:24remember the key decision numbers that will give you more confident when you are talking.
- 1:31Third thing uh after the video I'm going to put every video I'm going to put three questions in
- 1:38the comment box just to uh like you know understand the level of understanding you
- 1:44uh had throughout the lecture and uh please make sure that you are answering there is nothing wrong
- 1:51nothing to judge whatever you understood be it right or wrong you can uh put it in the comment
- 1:57and uh any uh corrections required or of course I'm also going to put at the end what is the
- 2:04uh right answer and why it is right answer. So let's let's start first let's start with uh why
- 2:12UAE came up with uh taxes like if you know before 2017 there were no taxes in UAE 2017 is the year
- 2:22UAE brought uh excess tax which is applicable for certain products. Before that there were no taxes.
- 2:31First why UAE came up with taxation? This is the question we are going to answer. Not only UAE,
- 2:37GCC countries were highly dependent on the uh oil oil money and of course the visionary leaders
- 2:45of UAE and other GCC countries they decided that we need to move from the oil wealth to
- 2:52a knowledgebased uh economy and UAE promoting a lot of tourism and other activities construction
- 3:01attracting investors into UAE. As part of this, UA started shifting their focus uh from the uh income
- 3:09generated from oil and gas to different different segments. This is one thing. Second thing,
- 3:16uh UAE want to match the country to international uh regulation level. Of course, when a country
- 3:26has no taxes, no compliances, there are other countries who are having this regulations. they
- 3:33those countries will be very hesitant to deal with countries who has less compliances or there
- 3:40there is no taxes. If the country is a tax heaven country, the foreign countries will be hesitant to
- 3:46deal with that country. There are many examples for that. This is the second reason and UAE want
- 3:53to stop multinational entities coming into the country and just moving their profit from high
- 4:01tax country to low tax countries. This is a very common scenario that multinational entities are
- 4:08coming to a country where there is less taxes or no taxes and having their setup there and
- 4:14move their profit from high tax country to the country where there is less taxes. There are many
- 4:21other reasons as well but at the end UAE came up with uh corporate tax and many other taxes.
- 4:29Now the question is why 9%age tax in UAE? Before understanding why 9% we need to discuss about a
- 4:41particular scenario or a particular organization which is called OECD. OECD is a you can consider
- 4:48it as a community of countries. The full form of OECD is organization of economic cooperation and
- 4:55development. There are 140 plus countries are following OECD frameworks. Many concepts OECD
- 5:04brought example the concept of transfer pricing pillar to so many things are there which we
- 5:09will discuss uh all this uh aspect of OECD because UAE itself following OECD framework.
- 5:19Now OECD has a regulation that any country who is following OECD framework they have to bring
- 5:27compliance they have to bring uh taxation and OECD is recommending a minimum tax at 9%age
- 5:38any country who is following OECD framework they have to bring a minimum tax of 9%age now that is
- 5:44the reason UA chose the lowest rate which OECD is recommending 9% percentage. Why 9%age? Obviously,
- 5:51the country want to uh like you know attract more investors while having the compliances in place.
- 5:59So that's the primary thing uh UA is focusing and UA chose the 9%age taxes. 2018 is the year UAE
- 6:09become officially part of OECD that they started following the OECD framework and there are other
- 6:17countries also if you see like I will give few example to you a country like Hungary Hungary
- 6:23is having a taxation of 9%age which is uh same like UAE and country like Bulgaria Bulgaria is
- 6:33having 10%age taxation Qatar which is nearby GCC country. Qatar is having uh like 10%age taxation
- 6:42right now on the foreignowned entities and uh we have Cyprus 12.5%age and we have uh Ireland
- 6:5712.5%age. Now these are countries who are following OECD framework and these
- 7:03are some of the countries who are following low tax rates comparing to other countries.
- 7:09If you see all these countries, UA has gone for a lowest rate of taxes. Uh of course Hungary is
- 7:16there which is matching with UAE tax rate. Now let's discuss on UAE compliance journey where
- 7:26it is started and where we are reach uh where we have reached at this point of time. Just
- 7:32to give a road map of entire compliance 2017 is the year UA came up with the excess tax. Excess
- 7:42tax is the first tax came in UAE and it got implemented with effect from 1st October 20
- 7:5017 1st October 2017. What is excess tax? Excess tax is applicable to certain goods
- 7:58which are harmful to the human being or to the nature. Now obviously they they identified
- 8:04certain products. One is uh tobacco products. Second one is uh uh let's say energy drinks
- 8:19and sweetened drinks
- 8:26and they fix like you know if this products are consumed inside UAE and
- 8:31uh the consumers are going to pay taxes tobacco products have 100%age excess tax applicable able
- 8:39energy drinks have 100%age excess tax applicable sweetened drinks in the year 2026 starting of 21st
- 8:48January 2026 the authority changed the regulation that the companies will pay the excess tax or the
- 8:56consumers will pay the excess tax based on the sugar content in the uh products like if
- 9:03it is a artificial sweetener or it can be added sugar based on that there is a formula And we
- 9:08need to work out how much will be the excess tax applicable for per liter of sweet and drinks. Now
- 9:16this is a glimpse of excess tax. Followed with that 2018 uh UA came up with value added tax.
- 9:30I have a very bad handwriting. Hope you don't mind. And the date of implementation of ex
- 9:37uh value added tax was 11 2018. Now value added tax many countries it's called GST or sales tax
- 9:46different names are there ultimately it is like you know based on the goods consumption or service
- 9:51consumption the customers are paying the tax. UAE has a 5%age value added tax for most of
- 10:00the goods and services uh like you know supplied inside UAE. Now any company or any business who
- 10:09are exporting any services th those are taxed at 0%age. There are certain services which are
- 10:17considered as exempt uh from the UAV VAT and even certain services or goods inside UAE if
- 10:26you supplied those are also falling under 0%age. I'll give you a few examples. Educational industry
- 10:34even though they are providing the service inside UAE they are going to charge 0% VAT.
- 10:41uh 99%age purity gold which is going to have a 0%age VAT and uh residential
- 10:53accommodation
- 10:58first supplier
- 11:02they are going to have 0%age VAT so certain products and services even if it is supplied
- 11:08within UAE also it is going going to be taxed at five uh 0%. Now in 2018 one more regulation
- 11:17came which is AML CFT regulations which is anti-moneyaundering that is the main thing
- 11:25of course the counterfeiting of finance of terrorism that is AML CFT this regulation
- 11:33itself as it is named it is to stop uh the in inside the country the moneyaundering
- 11:40activities that is the whole idea UAE When the law is introduced, of course,
- 11:46the law is introduced on 30th October 2018. And when the law got introduced,
- 11:53the authority made a particular category and that category is called DNFBP. What is DNFBP?
- 12:02Certain businesses that certain businesses uh let me write it properly. DNFBP DNFBP is a
- 12:13certain business activities which is designated non-financial business and profession certain
- 12:20businesses which are designated and they have to strongly comply with the anti-moneyaundering
- 12:26uh regulations they have initially the authority classified four categories one is real estate
- 12:32brokers I'll tell you why all these uh four uh activities came came into the AML regulation.
- 12:40Second one was jewelry and precious metal trading and third one is corporate service provider
- 12:54and finally accounting and audit firm.
- 13:03Why these businesses are particularly under the AML uh regulation? First of all, these are
- 13:09the industries where customers can use for doing money laundering. Anyone who has illicit money or
- 13:16illegal money, the easy way of converting it into a legitimate way is buying real estate. And anyone
- 13:24who has bulk money, they can convert that money into jewelry or precious metal. And uh corporate
- 13:30service provider are the people who are generally helping to others to uh set up the companies. So
- 13:37people can come open fake companies, open bank account, transfer the funds to UAE. That's how
- 13:43uh the corporate service provider are in the scope. And who knows all these things
- 13:49ultimately the entities or the service providers who are providing accounting and audit service.
- 13:56What is this four entities or four businesses obligation under AML and CFT law? See first of
- 14:04all the government has no doubt on this business. Please don't take that way that oh the real estate
- 14:11industry government is highly monitoring because the brokers are doing something wrong. No what the
- 14:16authority want while you are dealing with your client. If you find that any of your client is
- 14:22using your business for money laundering purpose inform to us. Just inform rest of the things we
- 14:29will take care. The same thing when you if you feel like someone who is coming with the bag of
- 14:33cash to a jewelry and telling that I want to buy jewelry there is something suspicious the
- 14:40authority is telling that if you find something suspicious report to us. This is the whole idea of
- 14:45uh AML regulations in UAE applicable for DNFBP. So these are the four categories. Now next it was in
- 14:562019 the authority came with a regulation called economic substance regulation which is ESR and
- 15:03the law got introduced on 30th April 2019. By the way the economic substance regulation is already
- 15:12cancelled in UAE. When we are discussing more on corporate tax I will explain to you while uh like
- 15:18why UA canled economic substance regulation. Economic substance regulation is nothing but
- 15:25the whole concept is that if someone is setting up a business in UAE that should not be a shell
- 15:31company. This is a very simple layman explanation. Now if that company want to prove that we are not
- 15:39a shell company what they need to do of course they need to economically present in the country.
- 15:45That is the whole idea. How they can prove that we are economically present in the country? They
- 15:50need to prove that they have adequate employees in the country. They need to have they have adequate
- 15:55assets in the country or capital expenditure. They are spending uh operating expenditure for
- 16:01the business inside UAE and their decisions are taken the major decisions are taken from UAE.
- 16:08All these things together we can call that this business is present in UI and every business
- 16:16have to prove it to the authority that yes uh we are just not a shell company we are having our
- 16:24adequate presence inside the country. That was the whole idea of economic substance regulation
- 16:30and this regulation got cancelled with effect from 11 2024 and the reason is that the law came when
- 16:38UA had no corporate tax and the law got abolished when UA brought the taxation. Now UA has taxes for
- 16:47business then there is no point like you know to prove that you are economically present or
- 16:52not. But yes the concept of substance what we are discussing here the presence it will come
- 16:58again when we are discussing more on corporate tax especially when we discuss on the free zone
- 17:04matters we will discuss it later. 2020 is the year UA came up with the regulation called UBO
- 17:14which is ultimate beneficial ownership and this regulation came on 24th August 2020.
- 17:22What is ultimate beneficial ownership regulation is dealing that any business who like anyone who
- 17:29is setting up a business in UAE, they have to economically or sorry that is ESR regulation.
- 17:36Any business who are setting up in UAE, they need to provide the details of ultimate beneficial
- 17:43owner. Who is the real owner of this company? I will give an example to you. Someone who is
- 17:48setting up a company in UAE and in that company 100%age shares are owned by a UK company. When we
- 17:55are seeing who is the owner of UK company then we are finding there is a Australian company.
- 18:01Who is the owner of the Australian company? We are finding one Indian company. Who is the owner
- 18:06of the Indian company? We are seeing Mr. A. Now for UA company, who is the ultimate beneficial
- 18:13owner? Ultimate beneficial owner of UA company is Mr. A this has to be disclosed who is the
- 18:21real individual who is behind the business which is set up in UA. This is the regulation and it is
- 18:28still still applicable. Anyone who want to set up a business in UAE they have to disclose who is the
- 18:34ultimate beneficial owner. Not only to set up the business in if someone want to open a bank account
- 18:39all these scenarios they have to disclose that who is the ultimate beneficial owner of the company.
- 18:472023 is the year UAE introduced corporate tax
- 18:55and corporate tax is implemented with effect from 1st June 2023. Now throughout this series we are
- 19:03going to talk about corporate tax just I'm giving you the compliance road map. So I will not discuss
- 19:10much about corporate tax because the entire series we are going to discuss on corporate tax only.
- 19:162025 is the year UAE implemented pillar 2 regulations. What is pillar two? Of course,
- 19:28when we are talking pillar two, is there any pillar one? Yes, there is pillar one also,
- 19:33pillar two also. Let me take a step back and go back to the uh community of the countries which we
- 19:40discussed which is OECD. OECD as we discussed it's a uh group of countries 140 plus countries are
- 19:47following the uh OECD framework and the concept of pillar one and pillar two came from the OECD
- 19:55now pillar one which is not practically applicable in today's world but I'll just tell you like what
- 20:02what pillar 2 is dealing pillar two is dealing with very big giants of business those who are
- 20:09making more than 20 billion euro annual revenue in a year. They are coming under the regulation
- 20:17of pillar one and as per pillar one each country how to tax this business when they are operating
- 20:24in multiple countries how each country should tax this thing. This is what pillar one is dealing
- 20:30since it is not in practice. Let's not uh keep it aside. That is not the case when it comes to
- 20:37pillar two. Pillar 2 is already a real concept and even in UAE pillar 2 regulations are applicable
- 20:46and the pillar 2 regulations are applicable with effect from 11 2025. What pillar 2 is telling?
- 20:54Pillar two is telling that if you have a business in UAE first you identify is your business is
- 21:00considered as multinational entity or M& if the answer is yes then you will come under the pillar
- 21:072 regulation and instead of uh 9%age corporate tax which is applicable in UAE such companies are
- 21:15going to pay 15%age corporate tax now the question is like who is considered as M& is every company
- 21:24or is considered a seminary? The answer is no. To fi find out whether a company is a multinational
- 21:30entity or not, we need to see two conditions. First thing, operating in more than one country.
- 21:40If a company uh has a head office in Dubai and they have a branches in Sharah,
- 21:45Abu Dhabi or Russell Khima that doesn't mean that companies falling under the
- 21:51definition of multinational entity. There should be a global structure.
- 21:58Example the parent companies in UK and uh they have a subsidiary in UAE. They have a branch
- 22:05in India. they have uh like a joint venture in in US then we can say like this company is operating
- 22:13in more than one country. Second condition their global revenue or global turnover is
- 22:22more than 750 million euro in a year. If these two conditions are satisfied then
- 22:29they considered as multinational entities and multinational entities are going to pay 15%age
- 22:37taxes in the country where they are operating and UAE came up with a particular cabinet decision
- 22:44only for this and the cabinet decision was published in the year 2024 and the cabinet
- 22:52decision number is 142 of 2024. 4 142 of 2024. Cabinet decision. What is cabinet decision? We
- 23:02are going to discuss in the next chapter. Just to give an idea, this is the cabinet decision
- 23:09published which is relating to the uh pillar to taxation. Now we are in the year 2026. 2026
- 23:20is the year UA has a big shift. that is UA is moving from paper invoice to e invoice.
- 23:32What is e- invoice? Right now what is happening a company they are making uh the invoice and
- 23:37they are converting it into PDF or like you know image format whatever they are sharing it with
- 23:42the client and getting it paid and at the year end they are going to report their VAT or they
- 23:48are going to report uh the corporate tax just the figures authority doesn't know what really
- 23:55happening in every business until they come for an audit but once the invoicing is introduced
- 24:02produced. Of course, it is going to introduce with effect from 1 7 2026 and they they made it like in
- 24:13two phases. Phase one for business who are making more than 50 million dhams. Phase two it is for
- 24:20less than 50 million dhams. It's a entire separate topic just to give an idea in the current year in
- 24:29which we are sitting 2026 UA is taking this step to migrate to e invoicing thing. Now any
- 24:36business who are making invoice it is going to be realtime reported to the tax authority. It's
- 24:42not like the authority uh doesn't know what is happening. Before your customer get your invoices,
- 24:48the authority is going to get a copy and UA is following a particular system called
- 24:53five corner model. It is very complicated. If you want to know more about invoicing,
- 24:59I have done a particular video only on invoicing, you can uh watch it in the same channel. Now let
- 25:08me give you a bit understanding on taxes. Now this is the entire road map from excess tax to
- 25:16e invoicing from 2017 till 2026. Before getting into corporate tax things, first let's understand
- 25:27direct tax and indirect tax. What is direct tax? What is indirect tax? These are the two taxes
- 25:35uh applicable around the globe. If you class, if you want to classify the tax system into
- 25:40divide into two, one will be direct tax and one will be indirect tax. If you see excess tax,
- 25:51VAT, these are the taxes coming under the
- 25:56definition of indirect tax. Direct tax is corporate tax,
- 26:04income tax. These are the taxes which are coming under the definition of direct tax. Now what is
- 26:11the uh difference between direct tax and indirect tax? It's very simple. You think of a situation.
- 26:18By the way, UA has no income tax at the moment. UA told like personal incomes are not subject to
- 26:24taxes which we will discuss. Uh we we have a separate video for uh personal income. Uh why
- 26:32it is not taxed? What are all the incomes included in that? We'll discuss that. Think of a situation.
- 26:40You are paying income tax. Now you are paying the income tax or corporate tax out of the profit or
- 26:49income. Correct? If you are paying income tax or corporate tax, you are paying out of your pocket.
- 27:01Right? That means you are paying directly to the tax authority. That is why it's called direct tax.
- 27:09Whereas if you are going to a shop buying some products, you are paying 5%age to the shopkeeper
- 27:19not to the tax authority. Now who is paying this to the tax authority? The shopkeeper is paying
- 27:24to the tax authority. If you are going to a shop buying some energy drink you are already the the
- 27:31price what you are paying it's already including the excess tax. Being a taxpayer you are not
- 27:39paying directly to the authority. That's why it's called indirect tax. That means you are paying
- 27:45the taxes but not directly to the tax authority. You are paying it through the service provider or
- 27:52the seller. versus if it is a corporate tax or income tax you are identifying how much profit
- 27:58you earn or how much income you earn and you are calculating the taxes and you are directly paying
- 28:03to the tax authority. So this is the difference between direct tax and indirect tax and most of
- 28:11you must be already aware that UAE has a corporate tax which is 9% which is right which is correct I
- 28:21agree 100%age I agree but if you see more in depth you can understand that UA tax rate is not 9%age
- 28:30I always prefer to say UAE tax rate is from 0% percentage to 15%age. We will discuss like uh
- 28:39who all are coming under the 0% why it is between 0 to 50%age. You will understand it. First of all,
- 28:47who is paying 0%age taxes? Certain companies or certain businesses are still paying 0%age
- 28:54taxes. Who all are paying 0%age taxes? Business who are making profit below 80 375,000 dhams they
- 29:08are going to pay 0%age tax. Second category uh any company who make a revenue not the profit
- 29:19revenue below 80 3 million drums they are going to pay no taxes and the authority has come up with a
- 29:33relief for small business it's called small business relief in short form we call it SBR
- 29:41This SBR the small business relief is available till 2026 December 31. So 2024 or 2023 when
- 29:53the taxes came uh 23 24 25 26 4 years we can practically say this 4 years if a company who
- 30:02makes below 3 million drums the authority told you are not going to pay any taxes. This is the
- 30:08second category who are making uh who are not who are paying no taxes or 0%age taxes. Now the third
- 30:17category of uh uh people who are paying 0%age tax is freezone companies who are eligible for 0%age.
- 30:29Certain free zone businesses are eligible for 0%age taxes. We will have at least five chapters
- 30:36exclusively on free zone to understand what are all the conditions for a free zone company to
- 30:42get a 0%age tax. U there are a lot of things I don't want to get into that just to give get an
- 30:49understanding our topic is like why UA tax is not always 9%. Fourth category of business who
- 30:58are going to pay zero tax or no tax is called exempt person. So certain business or certain
- 31:06people are exempted from UA corporate tax. They are not going to pay any taxes. Example government
- 31:14uh government controlled entities uh there there are certain business who are into
- 31:19extraction of natural resources. Why extraction of natural resources is not paying taxes in UAE?
- 31:25The reason is that they are already subject for a different taxation called emirate level taxation.
- 31:32That is why the authority excluded extraction business from UA corporate tax. So in short ex
- 31:40again whatever we are discussing we are going to discuss again. So if anything you are not getting
- 31:45uh don't get uh like you know don't think it is too complicated whatever we are discussing
- 31:50today we are going to discuss very detail. Exempt person are not going to pay any taxes
- 31:57in UA. So this will give an idea that there are certain businesses who are going to pay
- 32:05zero tax or no tax. Now who is going to pay 9%age? 9%age tax will be paid by the business
- 32:19who makes profit
- 32:26above 30075,000 dhams. Now even if someone who is making u 375,000 dhams above profit
- 32:36is there all profit is taxed? No. I'll I'll give an example to you. Let's say there is
- 32:42a company who made 500,000 dham profit. How their taxes will be? Their first 375,000 dham
- 32:51tax will be sorry income will be taxed at 0%. And how much is the difference?
- 32:58125,000 dhams. This will be taxed at 9%. How much is 9% of 125,000 dhams? It will be
- 33:14let me calculate is 11,000 250 11,250 is the tax a business is going to pay who made 500,000 dham
- 33:27profit. Now if you see how much is the effective tax rate tax rate they are paying which is 11,250
- 33:35divided by 500,000 dhams. So 11,250 dhams they are paying taxes against 500,000 profit they have
- 33:45generated and what is the actual percentage of taxes they are paying? They are paying 2.25%age.
- 33:55Is it 9%age? No. So the effective tax rate is below 9%age.
- 34:02Any company I I'm telling this to you very very uh frankly no company will pay exact
- 34:109%age either it will be always below 9%age because why there is always a 375,000 which
- 34:19is taxed at 0% or not taxed. Now the third category of business who are going to pay
- 34:2515%age taxes. Who is going to pay 15%age taxes? We already discussed M&As are going to pay 15%age
- 34:33tax. Who we we already discussed who is M& uh the multinational entities who are operating
- 34:39in more than one country and globally they are earning a revenue more than 750 million
- 34:45euro then they are considered as M& and they will come under the 15%age taxation.
- 34:57Now do you agree that UAE not has not like you know always 9% taxes that's why I told you it
- 35:04is always between 0 to 15%age you can genuinely have a question like when you are telling 0 to
- 35:1215% will it be 15%age for M&S or will it be uh 375,000 dham anyway 0%age tax rate. When
- 35:22it comes to pillar to taxation, there is no 300,000 75,000 dham threshold. 15%age is the
- 35:29effective tax rate on all the profit. Of course, the profit is calculated in a different method.
- 35:34It's a very complicated thing. But effectively, it will be 15%. So, there is no 375,000 durhams
- 35:41exemption available when it comes to pillar to taxation. Let's see corporate tax journey.
- 36:00What was the road map of UA corporate tax? First January 2022, UA authority announced that yes,
- 36:09corporate tax is going to be implemented in UAE. That was the first announcement. Followed with
- 36:16that in April 2022 UAE authority published a document called public consultation. Now it's
- 36:26a usual thing in UAE any particular law when they introduce they uh publish a document called public
- 36:34consultation and the purpose of this public consultation is to get the opinion from public
- 36:40that public and professionals that this is what we are going to implement what is your opinion and
- 36:47people can comment people can their uh like you know opinion on that particular regulation and the
- 36:53authorities of course they are going to consider the public opinion opinion before they uh publish
- 36:59the uh the the relevant law April 2022 the public consultation document and public consultation
- 37:09document is not a law even today I hear that free zone company who are getting income from outside
- 37:18UAE they are going to pay 0%age taxes this is coming from public consultation when the public
- 37:25consultation was done or published. It was written in the public consultation that the free zone
- 37:31company who are making income outside from outside UAE will be taxed at 0%age which got changed when
- 37:38the actual tax law came uh which uh come up with a lot of condition stages and all these things.
- 37:50December 2022 is the year corporate tax law published. December 2022 and exact date of
- 38:03uh publication is 9th December 2022 and corporate tax law got implemented from
- 38:13June 2023 which is 1st June 2023. So January 2022 the law the authority announced that the
- 38:24corporate tax law is coming. April 2022 the public consultation uh document published
- 38:30and 9th December 2022 the tax law published which got with effect from 1st June 2023.
- 38:42Now I'll give you one interesting factor on the factor 9. What it is like a three
- 38:50interesting factors about number nine. First thing UAE announced the corporate tax law on
- 38:589th December and what is the tax rate not the effective tax rate announced by UAE which is
- 39:079%age and one more thing once like a financial year or tax year is ended example if a company's
- 39:19tax year is ending on 31st December 2025 Five when they should file the tax return. Once the
- 39:26year is finished the authority told you need to do the filings in 9 months. So there are
- 39:32three nine factors for easy to remember. The law got published on 9th December. 9%age is
- 39:39the tax rate and 9 months is the given time to submit the tax return and make the tax payment.
- 39:48Next let's discuss like who all are the authorities
- 39:54involved in the corporate tax. There are mainly two authorities. First authority
- 40:00is called ministry of finance. We can call ministry of finance. Ministry of finance is
- 40:12the authority who are law makers. They are making the law. They make the legislations.
- 40:20They make the decisions. They are the lawmakers. Now another authority which
- 40:28is federal tax authority which we can call FDA. They are the law executors.
- 40:43So whatever the law announced or made by the ministry of finance, federal tax authority is
- 40:49going to execute that law. So these are the two main authorities. We often discuss about
- 40:54ministry of finance. We often discuss about FDA during the entire entire session what we
- 40:59are going to have. Now just let me give you a quick summary what we have discussed. We are
- 41:05coming to an end of today's session. What we have discussed so far? We discussed started with why
- 41:13UA came up with taxation. We discussed UA wanted to move from the uh oil oil money to uh like you
- 41:21know different revenue generating streams like tourism, construction and of course taxes and
- 41:28uh UAE want to match the country standard with in global standard and UAE don't want a situation
- 41:36that foreign companies are shifting their profit to UAE and UA become part of an organization
- 41:43called organization of economic cooperation and development in the year 2018. The lowest rate
- 41:52which OECD is recommending is 9%. We discussed few countries who are having the lower uh tax
- 41:58rates uh comparing to the globe. Then we discussed a compliance road map in UAE. October 2017 is the
- 42:05year excess tax introduced applicable for certain products which are harmful. 2018 January 1st value
- 42:11added tax got introduced. 5 percentage is the standard value added tax rate in UAE which is
- 42:17applicable for most of the goods and services and 2018 is the year anti-moneyaundering law
- 42:24came into the picture s the authority made certain particular category of business which is called
- 42:30designated non-financial business and profession and uh it it is real estate broker jewelers and
- 42:37precious metal trading corporate service provider and accounting and audit firm why they are in this
- 42:43and that we have already discussed. 2019 is the year economic substance regulation came which
- 42:51got abolished with the from 1st January 2024. The concept of economic substance regulation is that
- 42:58the uh business which are operating inside UAE should have adequate presence inside the country.
- 43:052020 ultimate beneficial ownership regulation came. Anyone who is setting up a business,
- 43:10they have to maintain a register of who is the ultimate beneficial owner and they
- 43:16have to disclose to the authority if it is a corporate structure who is the real
- 43:21person behind the business. 2023 corporate tax got introduced with effect from 1st June 2023.
- 43:272025 pillar 2 got implemented cabinet decision number 142 of 2024 and it told that uh any
- 43:35business who are part of multinational entity they have to pay minimum 15%age corporate tax
- 43:41and who is multinational entity those business who are operating in more than one country and
- 43:46having a global turnover of um 750 million in durhams it can be 3.15 billion a roughly
- 43:58and 2026 in the current year UA is migrating to the e invoicing which we discussed what is
- 44:04invoicing. Further we discuss what is the two type of taxes direct tax and indirect tax. Why it is
- 44:10corporate tax is direct tax because the taxpayer is paying tax directly to the authority versus VAT
- 44:16and excess tax. Taxpayer is the consumer and the consumer is not paying directly to the authority.
- 44:23They are paying it through their supply chain. And we discussed UA has the tax rate which is
- 44:319 percentage but it is not always 9 percentage. We discussed it is between 0 to 15%age. Who is
- 44:38getting 0%age? Any business who is making profit below 375,000 and uh any business until 2026 who
- 44:45made annual revenue below 3 million drums they are eligible for small business relief. And freezone
- 44:51companies subject to the condition they can get 0%age taxes. And there are certain exempt person
- 44:58which are we discussed few examples government controlled and uh extractive natural business
- 45:03they are get they are considered as exempt person. Again going further we discussed
- 45:10u even if a company who is paying 9% taxes they are not effectively paying 9% because always
- 45:18their first 375,000 dham is taxed at 0%. We made a sample calculation with great difficult now we
- 45:28discussed further about the corporate tax law journey in UAE. Corporate tax announced in UA
- 45:34in January 2022. The public consultation document announced in or published in April 2022. The tax
- 45:42law got published uh on 9th December 2022 which is with effect from 1st June 2023.
- 45:51We discussed a factor of nine that the 9th December is the date the tax law got announced
- 45:56and 9th percentage is the tax rate and the tax filing need to be done and the payment need to
- 46:02be done within 9 months after the tax year ended. We touched upon the authorities who are involved
- 46:09in the tax regulation which is ministry of finance uh who are the lawmakers and federal tax authority
- 46:15who are the law executors. Now we'll see in the next chapter what we are going to uh discuss in
- 46:23the next chapter. I'll just give an idea. We are going to discuss about corporate tax law.
- 46:29Who make the law? What is the law is talking? And we are going to discuss cabinet decision
- 46:37which we can short form called CD. We we will discuss about ministerial decision.
- 46:48which we'll call MD then uh FDA public clarification
- 47:01then FDA guides. These are the primary documents available in the entire tax law. How these
- 47:09documents are connected each other? Which order you need to read when you have some doubts. This
- 47:15is what and what is the role of each authority? Who is the cabinet? Who is the minister and what
- 47:21is FDA's role? This is what we are going to discuss on the next chapter. And as I told in
- 47:27the starting I'm going to post three questions in the comment box. Make sure that you are answering
- 47:33uh and I will of course after certain time I will come back and reply with the correct answer. I'm
- 47:38sure most of you will answer correctly. See you in the next chapter. Till then, bye-bye.
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