Small business relief under UAE Corporate Tax
The United Arab Emirates introduced corporate tax in June 2023. A corporate tax is a levy on the net profits of businesses operating in a specific jurisdiction. Small business relief is one of the main reliefs offered under this system. Businesses in the UAE having an annual revenue of AED 3 million or less can apply for zero tax rate under the Small Business Tax Relief program. This article discusses the Small business relief under UAE Corporate tax, eligibility requirements, compliance, etc.
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What is Small Business Relief in UAE?
The Small Business Relief program is a tax exemption offered by the UAE government to qualifying small businesses. Under SBR, eligible businesses are treated as having no taxable income for a specific tax period, effectively exempting them from Corporate tax payment on their profits during that period. This relief allows small businesses to focus their resources on core operations and expansion.
Eligibility Criteria for Small Business Relief Regime (SBRR)
To qualify for Small Business relief, a business must meet the following criteria as outlined by the UAE Ministry of Finance:
- Resident Taxpayer Status: The business must be a resident person in the UAE. This category encompasses both businesses (juridical persons) and individuals carrying on business activities within the UAE.
- Revenue Threshold: The business's revenue for the relevant tax period and all preceding tax periods ending on or before December 31, 2026, must not exceed AED 3 million. This cumulative assessment ensures that businesses consistently operating within the threshold benefit from the relief.
- Business Type Exclusion: The business cannot be classified as a financial institution or a holding company. These entities are subject to separate CT regulations.
Who is ineligible for Small Business Relief?
While Small Business relief regime (SBRR) offers a broad scope of relief, there are certain categories of businesses that are ineligible:
- Multinational Enterprise Groups (MNEs): Companies that are part of an MNE with a total consolidated group revenue exceeding AED 3.15 billion are not eligible for SBR. The high revenue threshold associated with MNEs suggests they possess a greater capacity to manage the CT burden.
- Qualifying Free Zone Persons: Businesses operating within designated Free Zones and enjoying a 0% CT rate on their Qualifying Income are already exempt from CT and, therefore, ineligible for SBR. However, it's crucial to maintain compliance with the specific requirements to retain their Qualifying Free Zone Person status.
Small Business Relief - UAE Compliance Requirements
Claiming Small Business relief simplifies compliance requirements for eligible businesses. Here are the key points to remember:
- Election for SBR: Businesses must elect for SBRR within the tax return for the respective tax period. This notification formally informs the tax authorities of your intention to claim the relief.
- Record-Keeping: While SBR offers simplified record-keeping, proper financial records are essential for business management and potential future tax audits.
- Retention Period: The UAE Ministry of Finance does not specify a minimum retention period for financial records under SBR. However, it's generally recommended that records be retained for at least five years, aligning with standard best practices and potential audit requirements.
Benefits of Small Business Relief
The Small Business Relief program offers a compelling set of advantages for qualifying small businesses in the UAE:
- Reduced Tax Liability: The most significant benefit is a complete exemption from Corporate Tax (CT) on profits earned during the tax period for which SBR is claimed. This translates to immediate financial savings that can be reinvested into the business for growth, operational improvements, or employee benefits.
- Simplified Compliance: SBR streamlines the tax filing process for eligible businesses. They are not required to calculate taxable income, reducing the complexity of tax return preparation. Additionally, simplified record-keeping requirements ease the administrative burden associated with tax compliance.
- Enhanced Cash Flow: By eliminating the CT obligation for the relevant tax period, SBR frees up valuable cash flow businesses can use for ongoing expenses, debt repayment, or strategic investments. This improved cash flow position fosters financial flexibility and supports business growth initiatives.
- Administrative Cost Savings: The simplified compliance requirements associated with SBR reduce business administrative costs. This includes less time and resources for tax calculations, record-keeping, and filing procedures. These cost savings can be redirected towards other business priorities.
How to Get This Relief?
- Take Corporate Tax Filing Service from Filings.ae: Start by engaging the services of Filings.Ae, an expert corporate tax filing provider.
- Verification & Financial Preparation: Our tax advisor will verify your transactions and prepare your financial statements.
- Submission if Qualifying Revenues: If your revenue is less than AED 3 million, we will submit your corporate tax return indicating that you are requesting relief under the Small Business Tax Relief program.
- Maintaining Financial Records: We will maintain your accounts securely in the cloud with detailed transactions, financial statements, and invoices. This ensures that if the authorities conduct a future audit or review, you can easily prove that your business meets the requirements for relief.
Frequently Asked Questions (FAQs)
Do I need to register for corporate tax even if I qualify for Small Business Tax Relief?
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Yes. Even if you anticipate zero tax liability, you must register with the Federal Tax Authority (FTA) and file a Corporate Tax return to claim the relief.
Can I claim Small Business Tax Relief in the middle of the financial year?
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Yes. For tax periods starting on or after June 1, 2023, if your revenue remains within AED 3 million for that entire tax period, you can claim the relief at the time of filing.
What happens if my revenue exceeds AED 3 million in a future year?
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If your revenue goes above AED 3 million, you will no longer qualify for the relief for that tax period. You will be subject to corporate tax as per the prevailing rates.
How long will the Small Business Tax Relief be available?
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This relief measure is currently set to apply until December 2026. It’s best to keep updated with any government announcements regarding extensions or changes.
Do I still need to maintain accounting records if I pay zero tax?
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Yes. Accurate and detailed records are essential. In case of an audit or review, you must provide evidence that you met the revenue threshold.
Can startups with no revenue yet benefit from this relief?
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If a startup has zero or minimal revenue under the AED 3 million threshold, it can claim the relief. Consult a tax professional to ensure proper filing and compliance.
Will I receive a refund if I have already paid some tax during the year?
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If you have made tax payments but later qualify for the relief, consult your tax advisor or the FTA for guidance on adjustments or credits against future tax liabilities.
Are there any specific industries excluded from the relief?
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The relief generally applies to all Resident Taxable Persons meeting the revenue criteria. However, certain exclusions may apply for specific industries. Check with your tax advisor for the latest updates.
Is there any penalty if I incorrectly claim the relief?
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Yes. Misrepresentation or incorrect claims can lead to penalties. It’s crucial to ensure the accuracy of your filings through a qualified tax advisor like Filings.Ae.
How long should I keep my financial records?
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It’s recommended to maintain your financial records for at least five years or as advised by the FTA. Proper record-keeping helps safeguard your eligibility and compliance if audited in the future.
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