As we reach the midpoint of 2024, the issue of corporate tax readiness becomes crucial for businesses. To determine if a business is corporate tax ready, one must consider factors such as deductions, reliefs, and unique considerations for companies in free zones. Deductions require careful monitoring of expenses and classification in alignment with financial audits and corporate tax regulations. Expenses must meet specific criteria to be allowable for corporate tax purposes, and transactions with group companies must adhere to arm’s length pricing principles.
Additionally, businesses must ensure compliance with transfer pricing rules to avoid penalties. Corporate tax reliefs offer opportunities for tax optimization but come with conditions that must be met and documented. For example, asset valuations for pre-tax period gains are essential for claiming certain reliefs. Understanding and electing the appropriate reliefs during the filing of the income tax return is crucial for tax planning and optimization.
In terms of transfer pricing, businesses may benefit from a safe harbor provision for low value adding services, reducing compliance burdens. However, eligibility for this provision requires a detailed assessment of the services provided. Moreover, to qualify for the free zone zero percent benefit, businesses must satisfy specific conditions and maintain documentation to evidence compliance. For activities such as distribution, ensuring that customers are not the end-users is essential for qualifying for the benefit.
Looking ahead to 2025, the implementation of the BEPS Pillar II framework may require Multi-National Enterprises to pay a global minimum tax on their profits. While this framework is not currently in effect in the UAE, businesses should prepare for its potential future implementation. To assist businesses in their journey towards corporate tax readiness, expert insights and tips will continue to be shared in ongoing article series. The writer, a Partner at MICS International, aims to support businesses in navigating the complexities of corporate tax regulations and compliance.