UAE free zone qualifying income

Free zone treatment survives only while non-qualifying revenue stays inside a de minimis limit and the other conditions hold. This computes the limit on your revenue, tests each condition and prices the consequence of failing.

United Arab Emirates Updates as you type Nothing is sent anywhere

The free zone entity

AED

All revenue, qualifying and not.

AED

Revenue from excluded activities, and from non-qualifying activities where the counterparty is outside a free zone.

%

Five per cent of total revenue under the current rule.

AED

Five million dirhams. The limit is the lower of the percentage and this cap.

AED

Taxable income from qualifying activities.

AED

Taxable income from the non-qualifying revenue above.

%

Nine per cent.

AED

Only relevant where the entity falls out of the free zone regime.

Core income-generating activities carried out in the zone, with adequate people, assets and expenditure.

A standing condition of the regime, not an optional extra.

An election out is available and it is irrevocable for a period.

De minimis limit

—

Set by —

Qualifying free zone person — De minimis test —
Non-qualifying revenue—
Headroom below the limit—
Amount over the limit—
Tax on qualifying income—
Tax on non-qualifying income—
Total tax—
Effective rate on total income—
Conditions failed—

Which conditions failed

  • Enter your figures above and this fills in.

The de minimis limit is the lower of two numbers

Non-qualifying revenue has to stay within the lower of five per cent of total revenue and five million dirhams. On a small entity the percentage binds; on a large one the absolute cap binds, and it binds hard. An entity with 200 million dirhams of revenue does not get ten million of headroom — it gets five million, because the cap is the lower figure.

The readout names which of the two set your limit. That matters for planning, because an entity near the cap cannot grow its way out of the problem: growing total revenue stops helping the moment the cap takes over.

Failing is not a one-year problem

Breaching the limit does not simply tax the excess. It removes free zone status for the period in which the breach occurred and for the four periods that follow, so the whole taxable income goes through the ordinary regime for five periods. That is what makes the de minimis test worth monitoring during the year rather than discovering after it.

Note also what the test does not do. Passing it protects the status, so the qualifying income keeps the nil rate — but the non-qualifying income is still taxed at the ordinary rate, and without the nil band against it. Passing the de minimis test and paying no tax are two different things.

Worked example

A free zone trading entity has 40 million dirhams of total revenue, of which 1.6 million is non-qualifying. It maintains substance and prepares audited accounts.

  1. Five per cent of 40 million is 2 million, which is below the 5 million cap, so the limit is 2 million.
  2. Non-qualifying revenue of 1.6 million is inside the limit, with 400,000 of headroom.
  3. Status holds. The qualifying income keeps the nil rate and the 300,000 of non-qualifying income is taxed at nine per cent with no band against it.

Push non-qualifying revenue to 2.1 million and the entity loses the regime for this period and the next four. One contract is the difference.

What this calculator assumes

  • The percentage, the cap and the rate are the current figures and are cited below. All are editable.
  • Which activities are qualifying and which are excluded is set out in ministerial decisions and is not reproduced here. This tool takes your split of the revenue.
  • Passing the de minimis test protects the status. The non-qualifying income is still taxed at the ordinary rate, with no nil band applied to it.
  • Failing removes the regime for the period of the breach and the four following periods, which is why the tool prints the consequence rather than just a rate.

An estimate, not advice. This is an estimate built from what you typed, not advice on your file. Nothing here reads your documents, checks your treaty article or looks at the year you are actually in. Where the number matters, we agree a fixed fee in writing before any work starts.

Where these figures come from

Any figure prefilled in the panel above is stated with the year it belongs to and can be changed. Rates and thresholds move; a calculator that asks you for the current one stays right, and one that hides a guess does not.

Cross-border situations we are engaged for

Case study 1

Qualifying income identified for a UAE free zone entity's mixed revenue streams

A UAE free zone entity had several revenue streams, only some of which met the conditions for qualifying income under the preferential corporate tax treatment. We reviewed each revenue stream against the qualifying conditions, separated the qualifying from the non-qualifying income, and the entity's filing reflected the correct split.

Case study 2

Free zone status reviewed after an entity's activity expanded beyond its original scope

A free zone entity's activity had grown beyond what it was originally structured for, raising a question over whether all of its income still qualified for the preferential treatment. We reviewed the expanded activity against the qualifying conditions, identified which portion no longer qualified, and corrected the entity's filing position accordingly.

Case study 3

De minimis threshold applied for a free zone entity with limited non-qualifying income

A free zone entity had a small amount of non-qualifying income alongside its predominantly qualifying revenue, and wanted to understand whether the de minimis threshold protected its overall preferential status. We reviewed the non-qualifying income against the threshold, confirmed the entity remained within it, and the entity's qualifying status was preserved for the year.

Case study 4

Never Filed a US Return — and Only Just Found Out

Born in the United States, left as an infant, and told by a bank that the returns were owed all along. The work is sequencing: establish which years are actually open, choose the catch-up route on the facts rather than filing quietly, and claim the exclusions and credits that were never taken.

Read how this one runs
Case study 5

Indian Rent Collected While Resident Somewhere Else

Rent from Indian property is taxed in India and again where you live, with relief on one side only. The file gets the Indian deduction right first, then claims the credit on the home return against what was actually paid.

Read how this one runs
Case study 6

First Canadian Return After Arriving Mid-Year

The arrival date splits the year and sets the cost base of what you brought with you. Getting that date and those values right is what determines whether a later sale is taxed on the whole gain or only on the part that accrued after landing.

Read how this one runs
Case study 7

A Group File That Had to Describe the Whole Group

The master file is a picture of the business rather than of one company, and it has to agree with what each local file says. Assembling it surfaces inconsistencies between entities that nobody had compared.

Read how this one runs
Case study 8

A Distribution From a Trust Set Up Abroad

A distribution can be capital in the trust's country and income here, and the reporting attaches to the beneficiary rather than the trustee. The work is characterising the payment before it is received where possible.

Read how this one runs

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Working from anywhere doesn't mean taxed nowhere: residency defaults, employer payroll exposure and treaty relief decide where income actually lands.

Working from another country does not by itself end tax residence in the one you left, and it can start one where you are sitting. Day counts, ties, the employer's own exposure and the treaty tie-breaker all point at the same question, and the year you move is the year it has to be answered on paper.

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Frequently asked questions

Non-qualifying revenue must not exceed the lower of five per cent of total revenue and five million dirhams. On a large entity the absolute cap is what binds, so growing revenue does not create more headroom.
Free zone treatment is lost for the period of the breach and for the four periods that follow, so the whole taxable income goes through the ordinary regime for five periods.
No. Qualifying income keeps the nil rate, but non-qualifying income is still taxed at the ordinary rate and the nil band is not applied to it. Passing protects the status, not the whole bill.
Adequate substance in the zone, audited financial statements, and not having elected to be taxed at the ordinary rate. Any one of those failing takes the regime away as surely as a revenue breach does.
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