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Licences & changes

Keeping a company dormant

There is no dormant status that suspends your obligations. A company with no activity still renews, still registers for corporate tax, still files, and still accrues penalties if it does not.

No dormant statusStill renewsStill files

What it covers

What this licence actually permits.

UAE company law and tax law do not provide a dormancy regime that reduces obligations for a company with no trading activity. A dormant company still has a licence that expires annually and must be renewed with its fees paid and its tenancy current. It is still a taxable person that must be registered for corporate tax and must file returns. Its UBO register must be maintained. Where it carries on a Relevant Activity — and a holding company does — its ESR notification is still due.

This is where the AED 10,000 corporate tax late-registration penalty has landed most often. Owners with a shelf company, a vehicle from an abandoned venture or a holding entity that has never traded reasonably conclude that a company doing nothing owes nothing, and they are right about the tax and wrong about the registration. The realistic choice is therefore binary: either maintain the company properly, with the annual cost that implies, or close it properly. Keeping it alive and unattended is the option that combines the cost of the first with the penalties of neither.

At a glance

Dormancy
No status that suspends obligations
Licence
Renews annually with fees and current tenancy
Corporate tax
Registration mandatory; returns still due
Penalty
AED 10,000 for late registration, levied on dormant companies
UBO
Register maintained and updated
ESR
Notification due where a Relevant Activity applies

What it costs

Corporate tax actually owedUsually nilA dormant company generally has no taxable income.
RegistrationStill mandatoryDormancy is not an exemption from registering or filing.
Late registration penaltyAED 10,000Levied regardless of turnover, and most often on exactly these companies.
Licence renewalStill annualWith fees and a current tenancy, whether or not anything happened.
The tax may be nil and the registration is mandatory. The penalty does not care about turnover.

The procedure

What the amendment involves.

  1. Decide deliberately between maintaining and closingUnattended is not a third option; it is the most expensive one.
  2. If maintaining, budget the full annual costLicence renewal, tenancy or flexi-desk, registered agent where applicable, accounting and filings.
  3. Register for corporate tax regardlessDormancy is not an exemption, and the penalty has been levied on companies with no revenue at all.
  4. File nil returns on timeA nil return filed is a completely different position from no return filed.
  5. Keep the UBO and ESR positions currentA dormant holding vehicle is exactly the entity that needs an ESR notification.
The mistake people make. Assuming a company that earns nothing owes nothing. The tax may be nil and the registration is mandatory, and the AED 10,000 penalty for missing it does not care about turnover.

Related

Questions

There is no dormancy status that suspends obligations. The licence still renews and the company still registers and files for corporate tax.

It generally owes no tax, but it must be registered and must file. The penalty for failing to register applies regardless of revenue.

Closing costs a defined amount once. Maintaining costs a smaller amount annually and indefinitely. Abandoning costs more than either.

Holding company is a Relevant Activity, and the notification is generally due regardless of income.

One question

What are you actually trying to change?