UAE Corporate Tax Exemption: Requirements for Investment Funds

The UAE corporate tax regime is set to become effective from June 1st 2023. However, many investors are still unaware of the proposed corporate tax’s impact on their businesses. Lack of adequate preparation may result in compliance failure, attracting hefty penalties from the Federal Tax Authority (FTA). The first thing you must know to ensure corporate tax compliance in the UAE is to determine whether your business falls within its scope.

The UAE Corporate Tax Public Consultation Document has listed certain types of entities or persons that are exempt from the scope of UAE corporate tax. Investment funds are one of the key exempted entities under the corporate tax. In this blog, we will discuss what are investment funds and what such businesses must do to claim exemption from the UAE corporate tax. Corporate tax consultants in Dubai can advise you further on the exemptions.

Read ahead for detailed insights (Businesses are, however, advised to wait for the release of the UAE Corporate Tax Law before making any tax-related decision):

UAE Corporate Tax Exemption for Investment Funds

The UAE offers comprehensive investment fund regimes catering to a wide range of fund managers and investor requirements. The introduction of the UAE corporate tax exemption for investment funds is aimed at increasing the confidence of international investors. It will also help to improve the UAE’s position as the preferred choice for investment funds, investment fund managers, and entities used by investment funds to hold their assets or invest their funds. Corporate tax advisers in Dubai can further advise you on the impact of corporate tax on investment funds.

‘Transparent’ Treatment under UAE Corporate Tax

The proposed UAE Corporate Tax Law will treat the UAE investment funds and foreign investment funds, which are structured as unincorporated partnerships, as fiscally transparent.  This is in line with the international tax treatment of such investment funds. It means that the investment funds will not be taxpayers in their own right, but their income will instead ‘flow through’ and be taxed in the hands of the partners or members only.

This flow-through treatment is an internationally accepted treatment for investment funds as it ensures tax neutrality for investors in collective investment funds that are often structured as limited partnerships. Availing of corporate tax consulting services in Dubai can help investment funds accurately determine their exempted status.

Provision for Regulated Investment Funds & Real Estate Investment Trusts

The proposed UAE Corporate Tax Law will have a provision for regulated investment funds and Real Estate Investment Trusts to get exemption from the UAE corporate tax. They will have to apply to the FTA to avail of tax exemption after meeting certain requirements. Corporate tax consultants in Dubai can update you on the requirements once the government releases the Corporate Tax Law.

Conditions for an Investment Fund to be Exempt from UAE Corporate Tax

The UAE corporate tax regime proposes certain conditions for an investment fund to avail of the exemption from taxation. Corporate tax advisers in Dubai can help you to assess if your business meets those conditions. The conditions are listed below:

  1. The investment fund must be regulated by a regulatory authority in the UAE that is recognised by the Ministry of Finance Examples of regulatory authorities: The Securities and Commodities Authority, the Financial Services Regulatory Authority, the Dubai Financial Services Authority
  2. No group of five or fewer investors (and their Related Parties) has a 50% or greater economic interest in the investment fund
  3. No single investor (and their Related Parties) has a 20% or greater economic interest in the investment fund
  4. Interests in the investment fund can be freely traded on a stock exchange in the UAE (or recognised foreign stock exchange), or are widely marketed and made available to the intended categories of investors

Assess your Compliance Status with Jitendra Chartered Accountants

As explained in this blog, investment funds are exempt from the UAE corporate tax regime. However, that doesn’t mean they should not start preparing for the UAE corporate tax. Investment fund businesses must conduct an assessment to determine whether they meet all the conditions for availing of the corporate tax exemption. They can carry out the assessment with the help of corporate tax consultants in Dubai such as Jitendra Chartered Accountants (JCA).

We are one of the leading corporate tax advisers in Dubai with a team of qualified accountants and tax consultants. Being one of the top FTA-registered tax agents in Dubai, JCA can offer authentic and reliable tax solutions for your business. Our services at JCA as Corporate Tax Consultants include Corporate tax Assessment & Advisory Services (one-time or retainer basis), Corporate tax Compliance Services and Corporate tax Agent Services to represent you to the FTA in case of any notices served by the tax authority.