Emirates: A UAE ministerial decision issued on the determination of tax residency will ease the lives of expats living in the UAE and be in their best interest - according to experts in the country.

Earlier this month, the Ministry of Finance (MoF) issued Ministerial Decision No. 27 of 2023 on implementation of certain provisions of Cabinet Decision No. 85 of 2022 on determination of tax residency. The law regarding this was issued in September 2022 and stipulates the number of days which an individual is physically present in the UAE to be considered a tax resident among other things.

“The new decision simply aims to avoid double taxation,” said Mostafa Hegab, Legal Counsel at Mansoor Lootah Advocates and Legal Consultants. “The new cabinet decision has listed some requirements based on which any natural person or legal entity could be characterized as a tax resident in UAE. Accordingly, a tax residency certificate will be issued which can be provided back to the birthplace in order to avoid double taxation.

On 2022 cabinet decision No.85 was issued and came in to force on 1 March 2023, to illustrate the requirements and conditions for identifying a person or legal entity as a tax resident in the state.

In doing so, they aligned the definition of domestic Tax Resident with internationally recognized standards, according to Arun Leslie John, Chief Market Analyst, Century Financial. “The newly introduced criterion will make it easier for individuals and entities to have absolute clarity about their tax residency position within the country,” he said. “This is important because the UAE is home to individuals from across the world.”

So, what does this mean for UAE residents? The experts break it down here:

Who is a natural or juridical tax resident?

According to Libbie Burtinshaw, Head of Operations at PRO Partner Group, the Domestic Tax Residency regulation defines a UAE tax resident as a either a natural person or a juridical person.

A natural person is defined as an individual with a permanent place of residence in the UAE or is employed or has a business in the UAE. It also refers to individuals who;

- have spent 183 days or more in the UAE over a consecutive 12-month period

- the UAE is the individuals primary residence

- is the individuals base for financial and personal interest

For UAE Nationals, valid Permanent Resident Permit holders, or GCC member of state nationalities - physically present for 90 days or more over a 12-month period.

A juridical person refers to a business/entity which is legally separated from its owners. Tax residency applies to businesses/entities established or recognised in the UAE.

How will this impact UAE residents?

Arun explains that the UAE has double taxation treaties and bilateral agreements with 137 countries. These reference the UAE’s domestic laws and are crucial in determining an individual’s tax residency status. Therefore, UAE residents that are eligible can apply to the Federal Tax Authority requesting a tax residency certificate. This is a formal requirement if the individual wishes to further apply for tax relief or claim benefits in a different jurisdiction under the applicable tax treaty.

Mostafa further clarifies that Articles 3 and 4 of the Cabinet decision No. 85 for 2022 has precisely demonstrated both juridical and natural person. If the requirements mentioned are met, then a UAE resident can easily apply to obtain tax residency certificate (TRC) to use it back as a proof of tax payment.

How will this impact their investment decisions in the country?