Basis of Taxation

Understanding how UAE Corporate Tax applies to different types of persons and business structures, including residents, non-residents, and permanent establishments.

Taxation Framework

UAE Corporate Tax applies differently based on the taxpayer's residence status, business structure, and the source of income. Understanding your tax status is crucial for compliance.

Resident Persons

Taxed on worldwide income

Non-Resident Persons

Taxed only on UAE-source income

Resident Persons

Resident Juridical Persons

UAE incorporated entities and foreign entities managed from the UAE

Who Qualifies:

  • UAE incorporated companies and entities
  • Foreign entities effectively managed and controlled in the UAE
  • Entities with central management and control in the UAE

Tax Treatment: Taxed on worldwide income at 9% on taxable income above AED 375,000

Resident Natural Persons

UAE resident individuals conducting business activities

When Natural Persons Are Subject to Corporate Tax:

  • Conducting business activities through a permanent establishment
  • Operating as a sole proprietorship or individual business
  • Meeting specific business activity thresholds

Note: Most individual employment income is not subject to Corporate Tax

Non-Resident Persons

Non-Resident Taxation

Foreign entities and individuals with UAE-source income

Who Are Non-Residents:

  • Foreign incorporated entities not managed from the UAE
  • Non-UAE resident individuals
  • Entities with management and control outside the UAE

UAE-Source Income Subject to Tax:

  • Income from UAE permanent establishment
  • UAE immovable property income
  • Other UAE-sourced business income

Tax Treatment: Only UAE-source income is subject to corporate tax

Permanent Establishment

What Constitutes a PE

  • Fixed place of business: Office, factory, workshop
  • Construction sites: Projects exceeding 6 months
  • Service PE: Services provided for 183+ days
  • Agency PE: Dependent agent acting on behalf

PE Tax Obligations

  • Register for UAE Corporate Tax
  • File annual corporate tax returns
  • Pay tax on PE attributable income
  • Maintain separate PE accounting

Effectively Managed and Controlled in UAE

A foreign entity may be considered a UAE tax resident if it is effectively managed and controlled from the UAE, regardless of where it was incorporated.

Key Factors Considered:

  • Location of board meetings
  • Where key decisions are made
  • Location of senior management
  • Day-to-day management location
  • Where strategic decisions are made
  • Administrative center location

Important: Foreign entities effectively managed from the UAE are treated as UAE tax residents and taxed on worldwide income.

Tax Rate Application

Standard Rate

9%

On taxable income above AED 375,000

  • • Applies to all resident and non-resident persons
  • • 0% on taxable income up to AED 375,000
  • • Small Business Relief: 0% for qualifying entities (revenue ≤ AED 3M)

Special Rates

0% - 9%

Various rates for specific situations

  • • Qualifying Free Zone Persons: 0%
  • • Small Business Relief: 0%
  • • Large multinationals: Additional considerations

Need Help Determining Your Tax Status?

Understanding your UAE corporate tax obligations can be complex. Our tax experts can help determine your residence status and applicable tax treatment.