Dubai Fact-File Part 4:
Individual Business Tax-Efficient Structures
4.3 Dubai Individual Business Use Of Offshore
Tax-efficient structures involving offshore jurisdictions:
Dubai's own economy is fairly clearly divided between the
'onshore' sector, dominated by local business interests, with
restrictions on foreign ownership, and the 'offshore' sector
which consists of the the Jebel Ali Free Zone, the Dubai Investment
Park, Dubai Internet City, the Dubai International Finance
Centre (DIFC), which opened in 2003, the Dubai Airport Free
Zone, and Dubai Media City.
There are no taxes to speak of in Dubai, on- or offshore,
but 100% foreign ownership and customs privileges make the
Free Zone and other areas some of the most favourable locations
in the Middle East for international operations, meaning that
there may be little need to look elsewhere in order to achieve
tax efficiency.
Companies approved for operation in Jebel Ali Free Zone are
granted one of the following types of licences, renewable
annually for as long as the company holds a valid lease from
the Free Zone Authority:
- A General Trading Licence allows the holder to import,
distribute and store all items as per Jafza rules and regulations;
- A Trading Licence allows the holder to import, export,
distribute and store items specified on the licence;
- An Industrial Licence allows the holder to import raw
materials, carry out the manufacture of specified products
and export the finished product to any country;
- A Service Licence allows the holder to carry out the services
specified in the licence within the Free Zone. The type
of service must conform to the parent company's licence,
issued by the Economic Department or Municipality of the
relevant Emirate in the UAE.
- A National Industrial Licence is designed for manufacturing
companies with an ownership or shareholding of at least
51% AGCC (Arabian Gulf Co-operation Council).
- In most of the Free Zones, the following types of business
are available:
- Free Zone Establishment (FZE);
- Free Zone Company (FZCO);
- Branch Office
A FZE is for one individual shareholder. A FZCO is structured
for more than one shareholder, and a Branch Office, as the
name implies, is for a branch office of a foreign company.
Businesses operating within a Free Zone fall completely within
the jurisdiction of the Free Zone authorities.
When applying to set up a Free Zone business form, applicants
must submit details of the business owner(s) with the application,
plus passport, banker’s reference, and copies of the Memorandum
and Articles of Association where appropriate.
If permission is granted, the Authority will record all relevant
details in the FZE Register and issue a Certificate of Formation.
This will specify the date of registration after which the
FZE will be free to conduct any such business as is permitted
in its Special Licence.
Using Offshore Jurisdictions: Although there
is no corporate income tax burden, businesses in the ‘onshore’
sector of Dubai must pay import duty at a general rate of
5%. Should the Dubai authorities ever introduce corporate
income tax, companies in the Free Zones will remain exempt
for a further 15 years from the date of inception.
A Free Zone operator is currently not permitted to trade
directly within the UAE federation and must use a locally
appointed distributor if they wish to trade within the UAE
market.
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