| |
|
|
Company
Formation United Arab Emirates:
Forms of Offshore Operation
Introduction/summary
Dubai has a unique set of
selling propositions, namely:
- No corporate tax
- No income tax
- No capital gains tax
- No property tax
- No wealth tax
- Low property transaction cost
- Ease of access to home finance
Dubai/UAE
has double taxation agreements = DTA with most other countries. EU freedom
of establishment is not applicable. For approval of the permanent
establishment according to tax laws, a commercially equipped business
operation must be installed in Dubai/UAE, and active business must be
transacted in UAE/Dubai.
Since only oil
companies and banks are subject to taxation in the UAE/Dubai, and any
other companies do not pay any taxes, this results in interesting
opportunities for investment in Dubai/UAE. In order to be able to use the
tax advantages, a permanent establishment according to DTA must be
installed in Dubai. On the one hand, a Dubai company is no offshore
company in this sense, since the UAE/Dubai also maintain double taxation
agreements with many countries – including Sweden and Denmark – but on the
other hand, the EU freedom of establishment is not applicable. Therefore,
the following prerequisites for approval of a permanent establishment
according to tax laws in Dubai must be met:
- Place of management: A manager resident in the UAE/Dubai according to
tax laws must – at least on the outside – control the company’s
businesses.
There must be a commercially equipped business operation, i.e. at least
one office and one employee.
It
must be demonstrated that the Dubai company does actively transact
business in the UAE.
Under
the stated conditions, for example the Swedish could be a majority
shareholder of the Dubai company, but nevertheless Dubai/UAE has the sole
right of taxation, provided that the Articles of Association state that
all relevant decisions are made at the shareholders’ meetings, which
exclusively take place in Dubai, at which the Swedish shareholder must be
present. However, the UAE company law stipulates that 51% of the
company shares must be held by persons resident in Dubai. As a rule, the
founder will use a “sponsor”. This requirement may be omitted in case of
company formations in the free zones. In the free zones, 100 % of the
shareholders may be foreigners.
|
|