Double Taxation Avoidance Agreement (DTAA) and its Benefits for Expats Residing in UAE

Contributed by Aurion, 11 November, 2020

Double Taxation Avoidance Agreement benefits only residents of a country who are living and earning income outside the home country for a stipulated duration of time.

UAE has signed a Double Taxation Agreement with more than 117 countries around the world.

Double Taxation Avoidance Agreement - Highlights

Being part of the international tax framework and adhering to the OECD (Organisation for Economic Co-operation and Development) regulations, the DTAA treaty provides protection and benefits for companies registered in UAE.

Double Taxation Avoidance Agreement allocates taxing right and ensure individuals and businesses are only taxed once. The agreements also provide relief from foreign taxation and certain foreign tax compliances of other countries.

The Double Taxation treaties allow for the exchange of information and co-operation between countries to address tax evasion and provide a globalized framework to resolve any tax-related issues between countries.

What impact do UAE expatriates and Company Have from DTAA?

For expatriates' double taxation agreement come into play when they have a second residence outside of UAE. Also, the individual is living in UAE for more than 183 days (need not be continuous stay).

Companies that consist of international shareholding, it is not subjected to a tax of jurisdiction of the shareholders.

Companies with more than 1 year of establishment in UAE can avail of the benefits of Double Taxation by applying for the Tax Residence Certificate.

Things to Look Out for - Tax Reforms in the UAE

UAE has a strategic partnership with the OECD and part of the inclusive framework on 'Base Erosion and Profit Shifting (BEPS). It refers to strategies used by large global companies as part of tax avoidance strategies.

Companies shift profits from higher-tax jurisdictions to a lower-tax jurisdiction. Thereby, eroding the tax base of higher-tax jurisdiction.

UAE has created regulations and treaties based on the consensus of international tax rules to protect tax bases while offering increased benefits for residents of UAE.

Multilateral Agreements of UAE with Other Nations

UAE has signed a Multilateral Instrument that makes it easier to amend the existing treaties accordingly to comply with the international framework of double taxation avoidance and Base Profit Erosion and Profit Shifting (BEPS) regulations.

To be further transparent and compliant with international taxation standards, UAE introduced the Economic Substance regulations.

Companies in certain relevant sectors residing in UAE and exchanging business transactions with foreign connected entities are subjected to an Economic Regulation Test and filing of sufficient information about the business operations in UAE to the authorities.

To find out more, read: Economic Substance Regulation in UAE - Amendments to be Noted for Entrepreneurs

UAE Ultimate Beneficial Ownership Regulations

A legislative change aimed to improve corporate transparency is issued by the UAE Cabinet. It is a framework for reporting and registering beneficial interests, ultimate beneficial owners, and shadow directors.

All UAE Companies (Onshore and Offshore - excluding those registered in the DIFC or ADGM) must comply with their reporting obligations under the UBO regulations.

Companies must prepare the following details to comply with the UBO regulations.

1. A UBO Register

UBO is a natural person who ultimately owns or control or has the right to vote with a minimum of 25% shareholding of the company.

In the absence of a natural person satisfying the condition, any natural person who exercises control over the company can be the UBO.

2. Register of Nominee Directors/Managers

Details of directors/managers acting under the instructions of a third party.

3. Shareholder/Partner Register

Include the number of ownership interests held by each partner/shareholder and their voting rights, date of acquisition of interests.

Any change in the information provided must be notified to the relevant authority within 15 days of such change.

All registers must be kept completed and up to date always to avoid administrative fines.

MLI Synthesized Text of the India-UAE DTAA

The Multilateral Convention to Implement Tax Treaty Related Measures to prevent Base Erosion and Profit Shifting (MLI) is an outcome of the BEPS action plan of the IECD Inclusive framework.

BEPS framework offers a solution to governments to plug loopholes in the international tax treaties by introducing favorable bilateral tax treaties worldwide.

What is Synthesized Text?

"Synthesized Text" is a document consisting of the consolidated text of the provisions of a Double Taxation Avoidance Agreement (DTAA) and the Multilateral Instrument (MLI).

The Synthesised Text is not a source of law or cannot be used for legal purposes, it is few procedural amendments to be followed to ensure double taxation is avoided for residents living outside their home country.

Amendments in the Synthesised Text for India-UAE DTAA

The Synthesised text for the application of the India -UAE DTAA is edited on common agreement by UAE and India to protect the interests of both the parties.

The amendments in the synthesized text have been developed on the lines of the OECD Guidance and DTAA regulations.

The amended text will cover the regulations of tax savings strategies and the right way of evading double taxation in the home country by a foreign investor.

To find out more about Double Taxation and apply for a Tax Residence Certificate in UAE, connect with our expert team right away!

Contact: Aurion Business Consultants

Tags: double tax agreement (DTA) | Tax | Middle East | Tax Treaties | Expats | Treaties | tax |

 

 





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