Planning a move overseas is a big step, no matter where you are going. There are different social expectations, legal rules, business regulations, tax requirements, and more to figure out.

You need to determine whether you or a key team member is going to make the physical move to head up the overseas expansion, and facilitate this move to be as smooth and efficient as possible. 

Then there are business decisions such as deciding whether to set up a brand-new company, or trade overseas directly under your head company. While there are too many factors to consider in one article, and it is essential to get tailored advice for your situation, you can get a head start by considering an overview of the key concepts that you will need to cover.

1. Operation Zones

Companies in Dubai can choose to operate as free zone companies, offshore companies, or Mainland companies. This decision will have an impact on where you can do business.

If Dubai is going to be your hub for regional or international commerce, then a free zone entity may be the best option. This is because Free Zone Companies can only operate within their Free Zone and abroad, not on the mainland. However, if you are intending to provide goods and services to the UAE, then a Mainland firm would be the required option.

Free Trade Zone Company

There are over 40 zones throughout the UAE that are Free Trade Zones. These zones have special tax, customs, and import regimes. Businesses operating within these Free Trade Zones may be exempt from paying corporate tax as well as import and export taxes. However, they are restricted from doing business with the Mainland.

Mainland

A Mainland business can be set up in Dubai or any other emirates, so they can operate in the UAE as well as internationally.

Offshore Company

If your company is incorporated in the UAE offshore, you can operate with minimal capital requirements and operate on an international basis.

2. Income Taxes

From June 2023 all companies operating in the UAE under a commercial licence are taxed after the first 375,000 AED of their net profits. The tax is charged at a flat rate of 9% and only applies to the profits above this first 375,000 AED. This makes it one of the more appealing corporate tax rates in the world.

Note that Free Trade Zone companies may continue to be exempt from paying corporate tax under their specific free zone incentives. 

In line with the Global Minimum Corporate Tax Rate agreement, multinational firms with profits exceeding EUR 750 million, will have to pay 15% tax. 

From June 2023 businesses operating under the new rules now need to register with the Federal Tax Authority and lodge tax returns for the business on an annual basis.

3. VAT and Excise Tax

Since 2018 a goods and services tax, or a value-add tax, known as VAT, has been applicable at a flat rate of 5%.

There are some exclusions to which items incur VAT, including exports of goods and services, international transportation, some education and healthcare services, investment-grade precious metals, and new construction of residential properties. Some Free Trade Zeons are also exempt from paying VAT for trade within their zones. 

In 2017 the UAE implemented an excise tax. This is an indirect tax that is imposed on goods that are considered to be harmful to either personal health or the environment. This includes a 50% tax on carbonated drinks and a 100% tax on energy drinks and tobacco products.

4. Employer Responsibilities

As an employer you are responsible for paying your employees under the local employment rules and regulations. There are a range of responsibilities that you are required to cover for your employees, including:

• Paying wages in accordance with local laws and regulations. This includes proper job documentation, conditions of labour, and paying wages on time. As there is no individual income tax there is no tax withholding regime to consider.
• Providing health insurance for employees. This is a compulsory requirement for all employers.
• Under UAE law the employer is responsible for paying the travel and recruitment costs, including entry visa, of any employee they are recruiting or moving to the UAE.

5. Moving To Dubai When Expanding Your Business

A visa residency through employment is required for any individual moving to Dubai for work purposes. Note that it is the employer’s responsibility to organise and pay for an employment Visa.

The standard work Visa lasts for two years. This requires an employer sponsor to confirm employment in Dubai.  

A “Green Visa” is applicable for freelancers or self-employed individuals. This requires specialised educational qualifications and evidence of your annual income to prove financial solvency. This Visa is for five years.

Finally, the “Golden Visa” is a residency permit that allows foreigners to live, work, or study in the UAE for 10 years without a sponsor. Investors, entrepreneurs, and more can apply for this Visa. This Visa also allows the immediate family to be sponsored so they can move to Dubai as well.

It is also important that individuals moving to Dubai are aware of local expectations, laws, and requirements, which may be vastly different from your home country.

6. Other Business Responsibilities

As with running a business in any other location, there are essential rules, regulations, licensing, and other requirements that your business needs to be aware of as part of your setup and operation.  Some of these are listed below.

Bank Account

It can take two to four weeks to open a bank account for commercial purposes. While the required documents vary according to the bank and the type of account you open, the Business Manager will need to have their own residency visa in order before you apply.

Trade Licence

Every business that operates in the UAE must have a trade licence, or a business licence. This may be a commercial licence, a professional licence, or an industrial licence, depending on your business activity.

Business Entity

You can set up your business as a sole proprietorship, an LLC company, or a branch office. If operating from a Free Trade Zone your business can be 100% foreign-owned.

7. Double Tax Agreements (DTAs)

The UAE is expanding their list of DTAs throughout the countries of the world in order to facilitate strategic global partnerships. These agreements help ensure that the consequences of being taxed in multiple tax jurisdictions is mitigated via exemptions or reductions in taxation on investments from profits.

While the USA does not have a DTA with the UAE, there is currently a DTA between the UAE and Singapore, as well as the UAE and the UK. Australia is in the process of establishing a DTA with the UAE. 

8. Property Taxes

Although there is no capital gains tax or inheritance tax in the UAE, there is a transfer charge on the transfer of property within the UAE. The rate of charge varies in each Emirate, with a 4% charge applying in Dubai. This transfer fee is typically paid by the buyer of the property.

9. Rental Tax

Although there is no individual income tax in Dubai, there is a rental tax. The tax on rental properties varies between Emirates. In Dubai commercial tenants pay 10% and residential tenants pay 5%. In some locations citizens are exempt from the rental tax.

Foreigners In The UAE

As there is no income tax for individuals, both residents and non-residents of the UAE are not required to lodge an income tax return in the UAE.

However, if you remain a resident of your home country then you will need to lodge a tax return in your country of residence, and this may require the inclusion of income earned from the UAE.

Depending on how your business in the UAE is set up, you may also be required to report this income as foreign income in a local company tax return.

Local Taxation Experts

As there is no individual income tax and corporate tax is new to the UAE, there may be limited access to accountants, and limited experience with the UAE tax regime on a local level.  

It is therefore especially important to seek the advice of International Tax Experts who can help you navigate the new requirements in Dubai, as well as the impact of doing business across multiple borders.

CST have been assisting Australian and expat clients for over 30 years. Helping businesses to set up overseas and connect with local tax experts is an essential part of the support we offer clients around the globe. With the UAE now introducing a corporate tax into their tax regime it is more important than ever that you get the right advice for your expansion into Dubai. 

In today’s world we have incredible opportunities to build our business beyond our own shores and reach into expansive international markets. Indeed, the number of expats is growing so fast that if all the expats were members of a country, it would be one of the fastest growing countries in the world.

The United Arab Emirates (UAE) is one of the most popular destinations for expats. As of 2023 the UAE is called home by approximately 10.2 million people. A staggering 85% of the individuals who comprise that population, are expats. When you look at why Dubai is an attractive market for businesses, it’s not hard to see why this temptation to join the shores of the UAE is hard to pass.

In this article we’ll look at the appeal of Dubai as a destination to expand your business to, and what you need to know when you’re ready to expand your business to Dubai.

The Appealing Business Market of Dubai

The simplified and diversified economy of Dubai makes it an attractive place to set up your international business. Some of the key reasons that Dubai is particularly appealing include:

1. Minimal Tax Regime In The UAE

One of the most appealing benefits of doing business in Dubai is a minimal tax regime. Company taxes are low and there is no income tax on individuals and no capital gains tax. 

2. Free Trade Zones

The UAE includes a number of Free Trade Zones, with about 20 located in Dubai. Free Trade Zones are geographical locations where people from any other country can come in and set up their international business, without requiring a local connection. Businesses located in Free Trade Zones can operate their business within their zone and internationally. Each Free Trade zone has their own rules, regulations and incentives. 

This differs from Mainland zones. Mainland Zones have more rigorous entry requirements, including local sponsorships, before your business can set up and operate. These Zones are regulated by the Department of Economic Development (DED). However, a business operating in a Mainland Zone is able to trade within the UAE, as well as internationally.

3. A Robust, Yet Simplified and Diversified Economy With A Strong Exchange Rate and Access To Resources

Balancing a safe and robust standard of governance, with minimal taxation responsibilities,       Dubai offers a world-class infrastructure and is well known as a world-class financial hub for business operations. The local economy is strong and the UAE has a solid exchange rate. 

As a popular location for expats around the world, there is also a rich and diverse supply of experience and professional skills on location. 

Furthermore, the local government is a strong advocate for developing ideas and facilitation of growth and progress. As a technologically advanced nation, Dubai also has access to significant beneficial resources.

4. Limited Restrictions and Regulations On Your Company

There is no restriction on capital repatriations. This means that your company can return any investments to foreign owners, without limitations. 

Share capital requirements are minimal, with no minimum amount of capital required for limited liability companies. This ensures that your company can be established with the flexibility to suit your purposes. 

Unlike many countries, there is no requirement to have a physical office established to operate in Dubai. 

Due to the minimal amount of regulations, when compared to other onshore jurisdictions the costs of setup in Dubai are low.

5. Geographically Ideal Location

Geographically, Dubai provides a strategic position for businesses looking to expand to the Middle East, Europe, Asia and Africa. As such it is an ideal location to set up a range of businesses including import/export, logistics, tourism, and more. 

For transportation, Dubai offers access to the largest sea and airports in the world.

6. Strong Connections With the Worldwide Economy and Worldwide Business Standards

The UAE has signed up with the Common Reporting Standard (CRS), as part of the global standard for the exchange of information, including allowing countries to exchange tax data between participants. This helps with the prevention of fraud, and aids in the management of business matters across international borders. 

In essence, Dubai is an appealing place to run a business because of the ease and convenience of doing business there, solid business standards, access to resources, and the simple and low tax regime that applies.

One of the most exciting developments of the Fourth Industrial Revolution presently underway, due to the emergence of digital assets, is the long overdue prospect that there will be a global redistribution of wealth unlike anything seen before.

The decentralised nature of digital asset ownership, the freedom to trade on decentralised platforms and the transparent nature of blockchain technology, means that for the first time in history – centralised forms of authority no longer ‘run the global wealth game’.

In this paper, our Founder, John Marcarian provides a non-technical, general outline of:

• STOs;
• Tax issues to consider for STO issuers;
• Alternative structuring approaches to STOs;
• Tax issues to consider for STO participants;
• International state of play on STOs;

Taxation Issues for Security Token Offerings has been written by our Founder, John Marcarian 

Download the Taxation Issues for Security Token Offerings Paper Now

John is an Australian Chartered Accountant with over 25 years of experience.

John has a deep understanding of digital assets and the Fourth Industrial Revolution presently underway around the world in the area of blockchain and digital assets. 

A recognised tax specialist in digital assets, John has a qualification from the MIT Sloan School of Management in BlockChain technologies. 

He has contributed tax expertise to a specialist US publication on international tax and digital assets.

He works regularly with companies issuing tokens and other forms of digital assets. This unique blend of skills gives John a practical day to day knowledge of the business challenges faced by entrepreneurs in the digital asset market.

Changing Economies

Monetary systems around the world have faced a rather large change in the form of digital assets. In barely a decade, virtual currencies have grown and become embraced around the world in many forms. Here we take a look at what digital assets are and how they are being used on a global scale.

Foundational Concepts of Digital Assets

To understand digital assets it is important to understand a range of foundational concepts and terms such as blockchain, DLT, DeFi, Decentralised Exchanges, Staking, and more. The information in this blog will only provide a brief overview of this information. For more details you can download the full paper on Digital Assets: A Window Into the New Economy, by our Founder John Marcarian.

Blockchain

In very simple terms a blockchain is an online record of transactions. This could include money, exchange of goods, or exchange of information.

Each transaction creates a record that is gathered with further transaction records into blocks. These blocks are linked together with cryptography.

Blockchain stores these records across many locations at the same time. This means that if any of the information in a blockchain is changed, everyone involved in the network has to consent to the changes. Since the information can only be changed if every record is changed at the same time, it is difficult to hack into, and therefore potentially more secure, transparent, and cost effective to hold than traditional databases.

DLT

The online record of the data and transactions that comprise blockchains is typically known as a distributed ledger. Any technology that utilises this type of system is collectively known as DLT.

Blockchain is one form of DLT.

As we are only in the early stages of DLT we are still discovering all the potential applications that it could be used for.

Decentralised Finance (DeFi)

DeFi is, simply put, a term that covers a large range of applications within the public blockchain world that are distributing traditional economies. It refers to the financial applications that utilise blockchain technologies. This is in contrast to the centralised financial markets where all the risks and control are with the central system, such as the banks and financial institutions.

Smart contracts are contracts that are automated in programming languages so that they are accessible by anyone using the internet. They allow individuals to engage in financial applications without relying on an intermediary.

DeFi now provides a fully functioning economy that is accessible to users across the globe via the internet. This allows individuals and businesses to buy and sell, lend and borrow, and invest with digital currencies.

Decentralised Exchanges

One of the central functions of DeFi is decentralised exchanges. This means that users can exchange their assets without needing to rely on a centralised system or intermediary. Two examples of decentralised exchanges are the UniSwap and the Pancake Swap.

The Uniswap allows users to swap their tokens even if there is not a user on the other side of the trade

The Pancake Swap is essentially a newer alternative option to the Uniswap, with a very similar user experience. It is driven by strong marketing strategy that has rapidly built community engagement and dedicated followers.

Binance Smart Chain

In September 2020 a blockchain service was introduced that allows developers to use smart contracts in order to build their own decentralised apps. This is Binance Smart Chain.

It is one example of how DLT is rapidly expanding and increasing in functionality as the world continues to embrace this technology.

Wallets

A wallet is an app that functions essentially like a virtual wallet for your virtual currency. While you don’t have to have a wallet, it helps keep all your digital assets in one place. Just like a real wallet with physical cash.

Staking

Staking is where the owner of cryptocurrencies locks their holdings into their crypto wallet in order to receive rewards.

While blockchains typically rely on the process of mining to add new blocks to the blockchain, staking involves locking up your cryptocurrency coins so that they can be randomly selected to create a block. Larger stakeholders typically have a higher chance of being selected as the next block validator.

Different blockchain networks then reward staking accounts in different ways and using different factors.

Some coin holders also pool their resources in order to create a staking pool and increase their chances of being selected for validating blocks and rewards.

Stablecoins

To help reduce volatility around cryptocurrencies, stablecoins offer digital assets that are tied to a stable, physical asset, such as gold or fiat currency. This keeps the value more stable.

To The Future

With rapid growth occurring in digital assets, this complex world gives users around the globe the tools to partake in a decentralised system of finance. We are still watching to see how this economic system will continue to be shaped and how it will influence the economy around it. While there are many potential advantages to the decentralised system, there are also many issues to be addressed.

One of the issues is how these digital assets are taxed. We consider this issue in the blog on International Taxation of Digital Asset Transactions. 

Digital Assets: A Window Into the New Economy has been written by our Founder, John Marcarian 

Download the Digital Assets: A Window into the New Economy Paper Now

John is an Australian Chartered Accountant with over 25 years of experience.

John has a deep understanding of digital assets and the Fourth Industrial Revolution presently underway around the world in the area of blockchain and digital assets. 

A recognised tax specialist in digital assets, John has a qualification from the MIT Sloan School of Management in BlockChain technologies. 

He has contributed tax expertise to a specialist US publication on international tax and digital assets.

He works regularly with companies issuing tokens and other forms of digital assets. This unique blend of skills gives John a practical day to day knowledge of the business challenges faced by entrepreneurs in the digital asset market.

The Growth Of Digital Asset Transactions

Digital assets have become a rapidly growing phenomenon over the past decade. With this new growth comes the question of how to tax these assets.

Guidance on how to account for the vast array of digital assets is currently lacking, as is an international consensus on how to tax digital assets.

To understand more about what digital assets are and how they are spreading globally, we recommend reading our blog and downloading the paper on Digital Assets: A window into the new economy.

Different Approaches Around The Globe

Some countries currently regard digital assets as being currency for tax purposes. This includes Belgium, Italy, and Poland. This means that realised gains and losses would be taxable.

Many others, including Australia, view Digital Assets as a form of intangible assets, with gains and losses being treated under the capital gains regime. For countries such as Singapore and Hong Kong, classifying digital assets as property means that individuals avoid taxation, as there are no capital gains taxes applicable for individuals.

Mining Digital Currencies

Virtual currencies can be created through what is known as the mining process. This is where rewards are generated via a proof of work protocol, rather than through purchasing the digital assets. The question arises as to whether we should be taxing the digital currencies at this point of creation, or not until they are actually disposed of and there is a measurable flow of revenue.

Mining: Taxation At The Point Of Creation

One potential taxation point for digital assets is at the point of creation.

Many major companies including Finland, New Zealand, Japan, Norway, the United Kingdom, and the United States, consider such creation events to be taxable as ordinary income, with the costs of production allowed as a deduction. When the digital assets are later sold, this is treated as a capital gains event and taxed under the relevant capital gains regime.

Some countries, including Australia, Canada and Singapore, only tax the creation of digital assets through mining activities if the activity takes place as a business activity (as opposed to a hobby).

Mining: Taxation On Disposal

Many countries ignore the creation of digital assets through mining as a taxation point. Instead, the first taxation point is the disposal of the digital currency. In these countries the total disposal value is included as assessable income (less allowable costs incurred to mine the digital asset).

Usually countries that tax digital assets this way treat the income as a capital gain.

Mining: Taxation On Receipt

In some taxation jurisdictions the mining activities are taxed on a receipts basis when those activities are carried on as a business. This means that all mined digital assets are treated like stock and included in business income as income, losses or sales revenue. Deductions are treated in the same manner as any other business deduction.

Disposal Of Virtual Currencies

Regardless of the different taxation options, most countries agree that disposal of a digital asset is a taxation event. Disposals can occur through loss, exchange, or sale of the digital asset.

Exchange For Fiat Currency

Most major economies regard the disposal of digital assets for fiat currency to be a taxable event. Although there are notable exceptions, such as Italy, where such transactions are not taxed unless they are treated as speculative trading.

Exchange For Other Virtual Currency

In most countries the exchange of one digital asset for another digital asset is considered to be a taxable exchange. Other countries however, do not consider such exchanges to be taxable. This is possibly due to the difficulty in accurately valuing the realised gains or losses on such exchanges.

Other countries, such as Australia, Belgium, and Japan, vary their treatment of these type of exchanges depending on the type of owner and how the virtual currency is expected to be used.

Exchange For Goods And Services

With virtual currencies becoming more acceptable globally, it is becoming common for these digital assets to be used to purchase goods and services. This typically means that the person using the virtual currency to make a purchase has realised a taxable event. The person receiving the virtual currency as payment, likewise is in receipt of taxable income at that same value. The tax treatment then depends on that country’s personal income tax rules.

Exchange For No Value

Other situations of disposal may include gifting the digital asset, loss or theft. In these situations the owner of the digital asset has disposed of their holding but not received anything in exchange.

Some countries tax the recipient of gifts, others tax the disposal at the deemed value of the asset being disposed.

When it comes to theft or loss, this is typically deductible if the individual is running a business and the digital assets are trading stock, but not if they are holding the assets as private individuals.

Conclusion

Creating a cohesive treatment for digital assets, let alone a consensus on how to tax these assets, is a long way from being realised. This will require a lot of research and collaboration to come to fruition as the world continues to embrace the use of virtual currencies on an ever increasing scale.

Our Founder, John Marcarian, goes into further detail in the International Taxation of Digital Asset Transactions paper.

International Taxation of Digital Asset Transactions has been written by our Founder, John Marcarian

Download the International Taxation of Digital Asset Transactions Paper Now

John is an Australian Chartered Accountant with over 25 years of experience.

John has a deep understanding of digital assets and the Fourth Industrial Revolution presently underway around the world in the area of blockchain and digital assets. 

A recognised tax specialist in digital assets, John has a qualification from the MIT Sloan School of Management in BlockChain technologies.

He has contributed tax expertise to a specialist US publication on international tax and digital assets.

He works regularly with companies issuing tokens and other forms of digital assets. This unique blend of skills gives John a practical day to day knowledge of the business challenges faced by entrepreneurs in the digital asset market.