ESR UAE

What Is ESR in UAE?

The UAE is a member of the OECD Inclusive Framework. As a result, the EU assessed the UAE’s tax framework, through European Union (“EU”) Code of Conduct Group on Business Taxation. Therefore, to obtain a better rating, and improve operations, the UAE introduced a Resolution on the Economic Substance. Hence, the ESR guidelines came into force via Cabinet of Ministers Resolution No.31 of 2019, the “Regulations” on 30 April 2019. The guidance that provides further clarity on the application of the Regulations -ESR was issued on 11 September 2019.

Scope of the ESR in UAE

In this case, the scope of the Dubai Economic Substance Regulations – ESR in Dubai has made it clear that the regulation applies to all licensees. Incidentally, this includes all those who have a commercial license, incorporation certificate or any type of license that is necessarily taken from the licensing authority in doing the business. Subsequently, going with the spirit of the law and the provisions, it is interpreted that Free Zone includes Offshore Companies as well.

What are Relevant Activities In UAE?

In this case, the FHTP (Forum on Harmful Tax Practices) has acknowledged the geographically mobile activities for requirements of the substance. Following are the activities falling into this category:

  • Banking Business
  • Insurance Business
  • Lease-finance Business
  • Headquartered Business
  • Shipping Business
  • Holding Company Business
  • Intellectual Property Business
  • Investment Fund Management
  • Distribution and Service

Deadlines For Notification 

  • DIFC – 31st March 2020
  • JAFZA – 31st March 2020
  • DAFZA – 03rd May 2020
  • RAKICC – 30th June 2020
  • AFZ – 30th June 2020
  • DMCC – 30th June 2020

Penalties For Failure to Comply

Also, the penalties for failing to notify the regulatory authority are between AED 10,000 – And AED 50,000. Similarly, other penalties Apply if Licensees Fail to Provide Accurate Or Complete Information And Demonstrate Sufficient Economic Substance in the UAE.

How  KGRN Chartered Accountants Can help ?

KGRN Chartered Accountants can help you get a clear understanding of the new economic substance regulations in the UAE. Furthermore, KGRN Chartered Accountants can conduct an impact analysis – studying and analyzing the effect of the new economic substance regulations -ESR on your existing businesses in UAE. Additionally, our team can help you rectify errors to ensure complete compliance. Also, years’ worth of experience help our team efficiently and effectively manage your records.

As a result, we can identify gaps in the level of economic substance in affected entities and consider remediation options where gaps are identified. Hence, KGRN Chartered Accountants can assist in relevant compliances under the new regulations.

For more info please contact : 

Contact Person : Gopu Rama Naidu CPA FCA

Email: support@kgrnaudit.com  Mobile : +971 50 452 0648  Phone: +971 455 70 204

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