UAE being a known business hub around the globe, attracts many investors and interested parties in terms of business opportunities and global investments. Due to its strategic geographical trading position and low-tax environment, it is a perfect location for various industries such as trade, commerce, service, shipping, manufacturing, and construction.
There are only three taxes in the country as of date: the Value Added Tax (where eligible companies need to go for VAT Registration), Excise Tax, and Corporate Tax in UAE. As of writing, there is no personal income tax in the country.
Throughout the years, the UAE has attracted a lot of local and foreign investors from around the world and has been implementing new policies, numerous international treaties, and favorable licensing requirements to draw more commercial opportunities for stockholders. It is imperative that before setting up a business in UAE, one must know the different business jurisdictions, the benefits, and limitations of opening a license in each. There are three different jurisdictions when forming a company in UAE: Mainland, Free Zones, and Offshore.
Establishing a company in the UAE can be done by either applying in person at the Department of Economic Development or visiting digital platforms of authorities. In order to save time and resources, since there are also differences in various legal requirements in different economic zones, most aspiring business owners prefer engaging with professional companies offering company incorporation services to make the process easier and hassle-free.
Mainland
Setting up a business in mainland is a feasible option in terms of trading flexibility within the UAE market and internationally. With the ability to operate anywhere in the UAE without restrictions, mainland companies enjoy the full benefit of being a UAE-based entity.
Before 2020, a mainland license only allows up to a maximum of 49% ownership by foreign investors. However, based on the Federal Decree-Law No. 26 of 2020 amending the provisions of Federal Law No. 2 of 2015 on Commercial Companies, foreigners are now allowed to have 100% full ownership of mainland companies. With this significant shift in ownership laws, many foreign investors seek expert advice to ensure compliance with local regulations. Even if the mainland allows 100% full ownership, a local agent is still required to proceed with company formation for certain activities specified by the authorities.
As per the guidelines by Dubai Economy, 100% full ownership is applicable for foreigners for 1000+ commercial and industrial activities, excluding economic activities which relate to strategic sectors. To ensure a smooth and compliant setup, seeking professional company formation services in UAE is essential for businesses looking to maximize their potential in the local and global markets.
Benefits
- Ownership: Since 2020, foreign investors are allowed 100% ownership except for some activities of strategic sectors.
- Business Activity: Mainland companies are allowed to trade locally within the UAE market as well as internationally.
- Address Requirement: A physical office is required with a minimum size of 200 square feet. Flexi- desk is also an option for those businesses who does not have any physical presence here in UAE like ecommerce companies or those who are running with remote work set-up.
- Visa Requirement: The initial number of visas approved is for 3 individuals, but this may increase depending on the requirements and subject to approval.
- Taxation: There is no personal income tax in UAE as of date. Mainland companies are however, subject to 5% VAT and 9% corporate tax on profits above AED 375,000.
- Trade and Location Flexibility: Mainland companies have the flexibility to open a business and trade anywhere in UAE.
- Regulations: Processes and regulations are compared to other economic sectors.
Considerations
- Emiratisation: Mainland entities must employ at least 2% of their skilled workforce as Emirati nationals. The ratio for employees is that for every 20 expats, there must be 1 local.
- Physical processes: For certain services related to mainland companies, such as license renewal, liquidation, amendments, etc. (which require the signature of the business owner or authorized person), you will need to visit the relevant authorities in person. Unlike other processes, these services do not offer the flexibility of submitting applications through online digital platforms.
- Cheaper: In general, comparing to various freezones, mainland service charges are cheaper or less costly.
Free Zone
The concept of free zone was first introduced in 1985 starting with Jebel Ali Free zone Authority, in order to generate foreign interests in the UAE market. This is a special economic area where foreigners have 100% full ownership of their business. There is no personal income tax in Free zones as of date and in terms of VAT, free zone entities are applicable for 0% or 5% tax rate depending on their business transactions.
One key limitation of free zone companies is they are not allowed to trade freely in UAE local market. Free zone trade activities are limited to other free zone entities and international business.
Currently, there are 46+ multidisciplinary free zones in UAE intended for different industry categories where expatriates and foreign investors can have 100% ownership. Some of these free zone authorities are:
- Dubai Multi Commodities Centre (DMCC)
- Dubai International Financial Centre (DIFC)
- Dubai Airport Free Zone
- Jebel Ali Free Zone
- Dubai Silicon Oasis
- International Free Zone Authority
- Sharjah Airport Free Zone
- Hamriyah Airport Free Zone
- Dubai World Central
- Dubai World Trade Center
- Ras Al Khaimah Economic Zone
Benefits:
- Ownership: Expatriates and foreign investors can have 100% full ownership for free zone companies.
- Business Activity: Free zone companies can trade within the Free zone and internationally. A local agent/distributor is required in order to trade within UAE.
- Office Requirement: A physical space is not mandatory. A lot of free zones have licenses with virtual/ flexi-desk addresses. At Excellence, we offer flexi desk business assistance services to help businesses set up efficiently with flexible office solutions that meet these needs.
- Visa Requirement: The amount of visas that can be applied for is contingent upon the size of the office space. For those with flexi-desk setup, they can get the standard employment quotas for 3 employees.
- Taxation: There is no personal income tax in UAE as of date. However, for VAT, free zone entities are applicable for 0% or 5% tax rate depending on their business transactions. For Corporate Tax in UAE, there are also two tax rates for free zone entities depending on their applicability: 0% and 9%.
Considerations
- Trade limitations: Trading in UAE market is only possible through a local agent/ distributor.
- Location Flexibility: Free zone companies can only open their offices within the designated free zone area.
- Location restriction: Operational address is only limited within the designated free zone.
Offshore
Offshore companies have the same benefits as a free zone but is not a replacement for a free zone company. Unlike free zones, offshore companies are only allowed to trade or have business activities outside UAE and not inside at all. This difference in the business operations is what sets offshore companies apart from free zones. On top of which, an offshore company can only be opened with the help of a registered offshore agent.
Although Offshore Companies are allowed to open accounts with multiple currencies in the UAE, they are not allowed to carry out business within the UAE or have physical addresses in the UAE. Choosing the right partner for company incorporation for offshore companies is very important to help with the mentioned processes. Currently, there are two principal jurisdictions which offer offshore companies in UAE: Jebel Ali Free Zone (JAFZA) Offshore and Ras Al Khaimah International Corporate Centre (RAKICC).
Benefits
- Ownership: Expatriates and foreign investors can have 100% full ownership for offshore companies.
- Taxation:Offshore entities enjoy the same tax benefits as free zone companies in terms of Corporate Tax. However, VAT is not applicable for offshore companies at all.
Considerations
- Agent Requirement: A registered offshore agent is needed in order to set-up the company.
- Business Activity: Offshore companies can only trade internationally or outside the UAE.
- Trade and Location Flexibility: Offshore companies cannot have offices in UAE nor can they trade within UAE.
- Visa Requirement: There are no residency visa/s issued for offshore entities as it’s not required.
- Office Requirement: A physical office or residence in UAE is not permitted.
- Banking restriction: Opening a local corporate bank account in UAE prove to be challenging for offshore companies.
Why Choose Excellence
Our committed team of business consultants can give you the confidence that we will guide you on which jurisdiction is best to open your business in UAE. We help you identify the most suitable legal structure for the company, pick the right business activities per the license category, and ensure that your company complies with the UAE rules and regulations. From setting up your business to helping you focus on operating it, we are a one-stop solution for your business needs.