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Tax & compliance

Who is exempt from UAE corporate tax

Genuine exemptions exist and they are narrower than the internet suggests. Being exempt is not the same as having nothing to file, and most 'exempt' companies are not exempt at all.

Narrow categoriesNot automatic in most casesStill file

The rule

What the law actually requires.

The corporate tax law exempts specific categories rather than specific companies. Government entities and government-controlled entities are exempt. So are extractive and non-extractive natural resource businesses, which are taxed at emirate level instead. Qualifying public benefit entities are exempt on application and listing. Qualifying investment funds, public and private pension and social security funds, and certain wholly-owned UAE subsidiaries of exempt persons can be exempt subject to conditions and, in most cases, an application to the FTA.

What is not on that list is the thing most people mean. A free zone company is not exempt — it is a taxable person that may pay 0% on qualifying income. A company under AED 3 million of revenue is not exempt — it may elect Small Business Relief, until that ends. An offshore company is not exempt by virtue of being offshore. A dormant company is not exempt. And in almost every case the exemption or relief must be claimed, which means being registered and filing. Companies that conclude they are outside the system and do nothing are the ones collecting AED 10,000 penalties.

Thresholds and deadlines

Government entities
Exempt, with conditions on commercial activity
Natural resource businesses
Exempt federally; taxed at emirate level
Public benefit entities
Exempt on application and cabinet listing
Qualifying investment funds
Exempt subject to conditions and application
Pension and social security funds
Exempt subject to conditions
Not exempt
Free zone companies, small companies, offshore vehicles, dormant companies

The compliance calendar

Genuinely exempt categoriesNarrowGovernment entities, natural resource businesses, listed public benefit entities, qualifying funds and pensions.
Believe themselves exemptVery commonFree zone, small, dormant and offshore companies. None of them is exempt.
Must still register and fileAll of themExemption from tax is not exemption from administration.
Exemption is narrow and mostly requires an application. A 0% rate is a different thing entirely.

What to do

The filing, step by step.

  1. Check the entity against the exempt categoriesThe list is short and specific. Most companies believing themselves exempt are relying on a relief or a 0% rate instead.
  2. Apply where application is requiredPublic benefit entities and qualifying investment funds must apply and be listed or approved. Exemption is not self-assessed.
  3. Register regardlessRegistration obligations generally continue, and exempt persons may still have to file annual declarations.
  4. Watch conditions on commercial activityGovernment and public benefit exemptions can be lost where commercial activity outside the exempt purpose is carried on.
  5. Do not confuse exemption with a 0% rateThey have entirely different mechanics and entirely different filing consequences.
The mistake people make. Concluding that a free zone company is exempt from corporate tax. It is a taxable person which, if it satisfies five separate conditions, pays 0% on part of its income. That is a different thing with different obligations and a very different failure mode.

Related

Questions

No. A Qualifying Free Zone Person pays 0% on qualifying income and 9% on non-qualifying income, and must register, keep audited accounts and file.

No. Dormancy is not an exemption and does not remove the registration or filing obligation.

Many must still register and submit annual declarations. Exemption from tax is not exemption from administration.

Not by virtue of being offshore. Its position depends on residence and on whether it carries on business in the UAE.

One question

Where does your company stand right now?