Are Free Zone Companies with Mainland Offices Subject to Dubai’s 9% Corporate Tax?
The introduction of Corporate Tax (CT) in the UAE has raised several questions among businesses, especially Free Zone companies with operations in the mainland. One of the most pressing concerns is whether these businesses will be subject to the 9% corporate tax rate applicable to mainland companies. Understanding the tax implications is crucial for business owners to ensure compliance while optimizing tax benefits.
Understanding UAE Corporate Tax for Free Zone Companies
The UAE implemented a 9% Corporate Tax on taxable profits exceeding AED 375,000 as part of its efforts to align with global tax standards. While Free Zones remain attractive due to their tax incentives, the introduction of CT has added layers of complexity, particularly for Free Zone companies engaging in mainland activities.
In principle, companies operating within Free Zones that meet the Qualifying Free Zone Person (QFZP) criteria enjoy a 0% Corporate Tax on qualifying income. However, those with a presence in the mainland must evaluate their tax obligations carefully.
Mainland Presence: When Does Corporate Tax Apply?
A Free Zone company may establish a mainland office, hire employees, or conduct business transactions in the mainland. The tax treatment in such scenarios depends on several factors:
- Direct Mainland Revenue – If a Free Zone company generates income from the mainland, that portion of the income will generally be subject to the 9% CT rate, even if the company qualifies for Free Zone tax incentives.
- Permanent Establishment in the Mainland – According to UAE tax regulations, if a Free Zone company has a physical office, employees, or a fixed place of business in the mainland, it could be considered a permanent establishment, making it liable for CT.
- Qualifying vs. Non-Qualifying Income – To retain its 0% tax rate, a Free Zone company must ensure that its mainland transactions do not exceed the threshold set under the UAE’s tax framework for Qualifying Free Zone Persons (QFZP). Non-qualifying income, such as direct sales or services provided to mainland clients, will be subject to CT.
- Dual Licensing and Tax Implications – Free Zone entities that obtain a dual license to operate in the mainland should carefully assess their tax obligations. Any income generated through mainland operations under this license will likely be subject to 9% CT.
Exemptions and Strategic Considerations
To continue benefiting from Free Zone tax incentives, businesses must carefully structure their activities. Some key considerations include:
- Outsourcing Mainland Transactions – Free Zone companies can explore working with mainland distributors or service providers instead of engaging in direct transactions.
- Ensuring Compliance with QFZP Requirements – Businesses must meet the qualifying criteria, including maintaining adequate substance in the Free Zone and not exceeding the de minimis threshold of non-qualifying income.
- Strategic Business Structuring – Companies should evaluate whether establishing a separate mainland entity for taxable income while keeping Free Zone operations for tax-exempt activities is beneficial.
How KLOUDAC Can Help You with Corporate Tax in the UAE
KLOUDAC’s Corporate Tax Advisory Services help businesses structure their operations effectively to remain compliant while optimizing tax savings. Our experts provide:
- Corporate Tax Planning & Compliance
- ICV and Tax Optimization Strategies
- Business Structuring for Free Zone and Mainland Entities
- Expert Guidance on Qualifying Free Zone Person (QFZP) Regulations
If your Free Zone company operates in the mainland or is considering expansion, get in touch with KLOUDAC today to ensure you stay tax-efficient and compliant.