UAE move: do I still file at home?
See which home country filing obligations survive a move to the Emirates.
Open itFree 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.
All revenue, qualifying and not.
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.
Five million dirhams. The limit is the lower of the percentage and this cap.
Taxable income from qualifying activities.
Taxable income from the non-qualifying revenue above.
Nine per cent.
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
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Set by —
Which conditions failed
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.
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.
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.
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.
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.
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.
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.
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.
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See which home country filing obligations survive a move to the Emirates.
Open itWork out Emirati corporate tax and whether small business relief applies.
Open itCheck whether the economic substance regime reaches your financial year.
Open itWork out FIRPTA withholding and compare it with the tax on the real gain.
Open itPrice an intragroup guarantee from the interest saving it produces.
Open itHow this desk handles the work behind the numbers, at a fixed fee agreed before it starts.
Read the pageHow this desk handles the work behind the numbers, at a fixed fee agreed before it starts.
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Where our partners studied — CPA Canada (In-Depth Tax Program), AICPA, the Institute of Chartered Accountants of India and the Malaysian Institute of Accountants.