Doing business in the - UAE May 2021 KPMG Lower Gulf - assets.kpmg

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Doing business in the - UAE May 2021 KPMG Lower Gulf - assets.kpmg
Doing
business
in the
UAE
May 2021

KPMG Lower Gulf
Doing business in the - UAE May 2021 KPMG Lower Gulf - assets.kpmg
Welcome                                                                                                      Recent
            to the UAE                                                                                                   highlights
            The United Arab Emirates (UAE) is strategically located
            between Europe, Africa and Asia. Due to a continuous
            flow of new business opportunities, investor friendly                                                           Amendment to Commercial Companies Law
            legislation, a solid financial system, well developed                                                           (CCL) allowing foreign nationals to have
            infrastructure for business and life, and availability                                                          100% ownership of companies undertaking
            of people resources, the UAE may be an ideal                                                                    business in mainland UAE
            business location for multiple purposes:
            – Creating holding, trading, financing, support platform(s) for
              a group’s international business
                                                                                                                            Introduction of a virtual work program, in
            – Conducting regional business from a hub in the UAE                                                            addition to five- and ten-year visas
            – Conducting local business in the UAE
            A number of immediate and long-term initiatives are intended
            to foster the business environment and promote development
            within the Emirates — in particular, Vision 2021.                                                               A dual licensing system in some of
                                                                                                                            the free trade zones (FTZs) allowing
            This guide seeks to provide you with initial and practical                                                      companies in selected sectors to also
            information on doing business in the UAE, particularly from the                                                 operate in mainland UAE
            perspective of an inbound investor.1 Please also refer to our
            website for the latest developments.
            1
             This publication is of a general nature only. Specific professional advice must be obtained before making
            a decision. Our publication should not be considered legal advice or a substitute for seeking local legal       Continued implementation of
            advice. Laws and regulations in the UAE are changing constantly. The information contained within this
            publication is based on facts available as of 31 March 2021 and is subject to change.                           the BEPS Action Plan

                                                                                                                            Reduction in the cost of doing business
                                                                                                                            in the UAE

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Doing business in the - UAE May 2021 KPMG Lower Gulf - assets.kpmg
United Arab
                                                                                 Country overview                         Legislative process                    Each emirate has its own local
                                                                                 The UAE is a federation of seven         The Cabinet or the Council of          government responsible for
                                                                                 emirates (Abu Dhabi, Ajman, Dubai,       Ministers of the United Arab           passing laws applicable to that
                                                                                 Fujairah, Ras Al Khaimah, Sharjah        Emirates is the executive branch       emirate. Federal law, however,
                                                                                 and Umm Al Quwain) located along         of the federation. It executes all     overrides local legislation.
                                                                                 the eastern side of the Arabian          internal and external affairs of the

                                Emirates
                                                                                                                                                                 International membership
                                                                                 Peninsula. The UAE comprises             Federation as per the provisions
                                                                                                                                                                 The country is a member of
                                                                                 approximately 71,023.6km2 of land,       of the UAE Constitution and
                                                                                                                                                                 various international organizations,
                                                                                 including islands in the Arabian         federal laws. It works under the
                                                                                                                                                                 such as the United Nations (UN),
                                                                                 Gulf, in addition to 27,624.9 km2 of     supervision of the President and
                                                                                                                                                                 the League of Arab States, the
                                                                                 territorial water.4                      the Federal Supreme Council. The
                                                                                                                                                                 International Monetary Fund (IMF),
                                                                                                                          country’s parliament, the Federal
                                                                                 With a number of social, economic                                               World Trade Organization (WTO), the
                                                                                                                          National Council (FNC), assists
                                                                                 and environmental initiatives,                                                  World Customs Organization (WCO)
                                                                                                                          the Council of Ministers in a
                                                                                 the UAE strives to continue                                                     and the Organization of Petroleum
                                                                                                                          consultative capacity.6
                                                                                 progressing on a variety of fronts,                                             Exporting Countries (OPEC).
                                                                                 including trade, investment,             Each emirate has its own local
                                Key business facts
                                                                                 communications, information              government responsible for
                                – Member of the Gulf Cooperation Council         technology, tourism and                  passing laws applicable to that
                                  (GCC), which also includes Bahrain,            infrastructure, as well as human         emirate. Federal law, however,
                                  Kingdom of Saudi Arabia (KSA), Kuwait,         and social development. The UAE’s        overrides local legislation.
                                  Oman and Qatar                                 Vision 2021 includes a broad
                                                                                 approach to addressing social,
                                – Several GCC-based international free
                                                                                 economic and environmental
                                  trade agreements2
                                                                                 goals and provides direction at the
                                – No federal corporate income tax, but           federal level.5
                                  emirate-based taxation of oil and gas sector
                                                                                 Political system
                                  companies and branches of foreign banks
                                                                                 The political system is based on
                                – Levy of VAT, excise tax and customs duty       the Constitution which explains
                                                                                 the main rules of the political
                                – No personal income tax
                                                                                 and constitutional organization
                                – Social security for UAE/GCC nationals only,    of the country. Article 45 of the
                                  with an end of service benefits (EOSB)         Constitution provides for five federal
                                  scheme for expats                              authorities:
                                – No foreign exchange control regulations        1. The Federal Supreme Council
                                – United Arab Emirates dirham (AED) pegged       2. T
                                                                                     he President and the Vice
                                  to United States Dollar (USD) (USD 1.00 =         President of the UAE
                                  AED 3.6725)3
                                                                                 3. T
                                                                                     he Cabinet or the Council
                                                                                    of Ministers
                                                                                 4. The Federal National Council
                                                                                 5. The Federal Judiciary
                                                                                 The federal Supreme Council is the
                                                                                 highest constitutional authority in
                                                                                 the United Arab Emirates. It is also
                                                                                 the highest legislative and executive
                                                                                 authority that draws up general
                                                                                 policies and approves various
                                                                                 federal legislation.

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Doing business in the - UAE May 2021 KPMG Lower Gulf - assets.kpmg
Statistics
                                GCC membership
                                The UAE is one of the six member
                                countries of the GCC, together with
                                Kuwait, Saudi Arabia, Bahrain, Qatar and
                                Oman. The GCC aims to promote political
                                stability and economic integration in the
                                region. Seeking to encourage closer ties
                                between members, the Council has taken
                                various measures, including establishing      The UAE
                                the GCC Customs Union with a common
                                external customs tariff,7 developing a VAT
                                framework and enabling more efficient
                                travel between member states.8
                                Population, language and culture
                                According to 2020 data, the total
                                population of the UAE is approximately
                                9.89 million. The official language of the
                                UAE is Arabic. English is a widely
                                accepted business language and is
                                commonly spoken in commercial and
                                government organizations, although
                                government correspondence is mainly
                                conducted in Arabic.
                                The UAE is an Islamic nation and the
                                legal system is largely based on Islamic
                                teachings. The holy month of Ramadan is
                                determined by moon sightings and shifts
                                by approximately ten days each year. In
                                this holy period, Muslims fast during the
                                day. Non-Muslims are not expected to fast;
                                                                                 Ranked #1 in Middle          Ranked first in the     Ranked #1 in the Arab
                                however, smoking, drinking or eating in
                                public is prohibited. Working hours in both     East & North Africa and       region and fourth          World for the fifth
                                the public and private sectors are reduced     #16 in the world for ease    globally in the Global     consecutive year and
                                during this period and a slowdown in
                                                                               of doing business in the    Entrepreneurship Index       improved to 34th
                                commercial activities should be expected.9
                                                                                 World Bank’s Doing        (GEI) 2020 by the Global   globally in the Global
                                Currency
                                The official currency of the UAE is the             Business 2020          Entrepreneurship Monitor     Innovation Index
                                Dirham (AED). Since 1980, the Dirham                                            (GEM – NECI)11             (GII) 2020.12
                                has been pegged to the US Dollar (USD
                                1 is equivalent to AED 3.6725).10 There
                                are no exchange controls in the UAE but
                                exchanging cash may require
                                supporting documents.

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Options for
    doing business
    Overview                                Entities in the UAE are required          Recently, the UAE has amended         Free trade zones                         – Telecom, IT and multi-industry:
    Depending upon business                 to have a valid license to perform        the Commercial Companies Law                                                     Dubai Internet City (DIC) and
                                                                                                                            There are close to 45 FTZs
    objectives, different options of        business activities within a particular   (CCL), allowing foreign nationals                                                Dubai Multi Commodities
                                                                                                                            throughout the UAE, with the
    varying complexity, set-up and          emirate or FTZ.                           to have 100% ownership of                                                        Centre (DMCC)
                                                                                                                            majority located in Dubai.14 Each
    maintenance costs are available.                                                  companies undertaking business
                                            Any activity in another emirate or                                              is independent, with its own rules       There are three main types of
    Considerations may include                                                        in the UAE, unless a specific
                                            FTZ generally requires additional set                                           and regulations. However, they are       entities in FTZs. They can operate
    proposed activities, expected                                                     restriction is created with
                                            up and licensing from that particular                                           subject to certain UAE federal laws.     only within the specific FTZ and
    duration, a need for location in                                                  respect to entities that engage in
                                            emirate or FTZ.                                                                                                          outside the UAE:
    mainland UAE versus FTZ, licensing                                                business activities that will have    There are no foreign ownership
    requirements and costs, and tax         Mainland UAE                              a “strategic impact” on the           restrictions within FTZs, and 100%       – Branch: A branch of a legal entity
    impact. Broadly, the options are:       The three most frequently                 UAE economy.                          foreign ownership is allowed.              can be established in an FTZ by a
                                            utilized legal forms for mainland                                                                                          foreign or UAE company.
    – Business/trading with UAE                                                       The amended law does not              A dual licensing system has been
                                            entities are: 13
      from overseas:                                                                  provide clarity on what these         introduced by certain FTZs to allow      – Free zone establishment
                                            – Branch: A branch of a foreign           strategic impact activities           entities (engaged in certain sectors)      (FZE): An FZE is the simplest
      – Directly with UAE
                                              or UAE company, not being a             are. A list of such activities,       to also operate in the mainland UAE.       form of a legal entity that can
        customers/clients
                                              separate legal entity, may only         and the applicable licensing                                                     be established in an FTZ. It
                                                                                                                            Dubai has announced a “One Free
      – Via a UAE agent or distributor        carry out the same activities as        requirements, will be determined                                                 can have only one shareholder.
                                                                                                                            Zone Passport” initiative which allows
                                              the head office.                        by a committee comprising                                                        The minimum share capital
    – Projects in the UAE:                                                                                                  companies to operate across FTZs in
                                                                                      representatives from each                                                        requirement will vary according to
                                            – Representative office: A                                                      one emirate without the requirement
      – Fly-in fly-out (to the extent a                                               emirate and is still awaited, as of                                              the specific FTZ.
                                              representative office of a foreign                                            of applying for multiple licenses.
        local license is not required)                                                the date of publication.
                                              company, not being a separate                                                                                          – Free zone company (FZCO)/free
                                                                                                                            Many FTZs in the UAE are set up
      – Via a sub-contractor                  legal entity, may only carry out        Subject to the powers of                                                         zone limited liability company
                                                                                                                            with a focus on particular sectors.
                                              marketing and promotional               the committee in relation to                                                     (FZLLC): An FZCO/FZLLC
      – Unincorporated joint venture                                                                                        Specialized FTZs include:15
                                              activities for the head office and      activities with “strategic impact”,                                              requires a minimum of two
        (with a local or foreign partner)
                                              may not undertake any business          each emirate will determine           – Financial services: Dubai                shareholders. The minimum share
    – Legal presence in the UAE:              or trade activity.                      the percentage of permitted             International Financial Centre           capital requirement will vary
                                                                                      ownership, and the level of             (DIFC) and Abu Dhabi Global              according to the specific FTZ.
      – In a mainland UAE emirate to        – Commercial companies
                                                                                      capital contribution required           Market (ADGM)
        undertake business within that        [such as a limited liability
        emirate and outside the UAE                                                   for higher levels of foreign          – Ports and logistics: Jebel Ali
                                              company (LLC)]: An LLC may
                                                                                      ownership. Therefore, it is             Free Zone (JAFZA) and Dubai
      – In an FTZ as an onshore entity        be established in mainland
                                                                                      possible that different emirates        Airport Free Zone (DAFZ)
        to undertake business within the      UAE. It must have at least
                                                                                      will set different UAE national
        FTZ and outside the UAE               two shareholders. An LLC can
                                                                                      ownership requirements for
                                              conduct all activities included
      – In an FTZ as an offshore                                                      similar business activities.
                                              in its license in the respective
        company to undertake business         emirate and outside the UAE.
        only outside the UAE
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Tax
                                                                       The Federal Tax Authority (FTA)           Country-by-Country Reporting            Transfer pricing
                                                                       issues Tax Domicile Certificates or       (CbCR) in the UAE                       Currently, there are no transfer
                                                                       Tax Residency Certificates (TRCs)         The UAE has implemented CbCR            pricing regulations in the UAE.
                                                                       on a case-by-case basis to UAE            rules, with relevant notification       However, the UAE has committed
                                                                       companies in operation for at least       and reporting requirements.             to complying with BEPS Action 13,
                                                                       one year, with an office in the UAE       CbCR requirements apply to the          therefore, any developments should

                                 matters
                                                                       and audited accounts. A TRC is            ultimate parent entity (UPE) of         be monitored.
                                                                       issued for a specific DTT and for a       a multinational group of entities
                                                                                                                                                         Thin capitalization
                                                                       specified period.                         (MNE) which is a ‘tax resident’
                                                                                                                                                         Currently, there are no thin
                                                                                                                 in the UAE and has consolidated
                                                                       Individuals residing in the UAE can                                               capitalization rules in the UAE.
                                                                                                                 revenues equal to or exceeding
                                                                       apply for a UAE TRC in order to avail
                                                                                                                 AED 3.15 billion (approximately         Value Added Tax (VAT)
                                                                       tax treaty benefits, as applicable.
                                                                                                                 USD 858 million) in the preceding       The UAE implemented VAT with
                                                                       The FTA grants TRCs to individuals
                                                                                                                 financial year.17                       effect from 1 January 2018. The
                                                                       on a case-by-case basis.
                                                                                                                                                         UAE VAT legislation is based on the
                                                                                                                 Common Reporting Standards
                                                                       Economic Substance Regulations                                                    Common VAT Agreement of the
                                 BEPS implementation in the UAE                                                  (CRS)
                                                                       The UAE introduced economic                                                       States of the GCC. VAT in the UAE
                                 The UAE joined the OECD Inclusive                                               Following FATCA implementation
                                                                       substance regulations with                                                        is administered by the FTA.
                                 Framework on Base Erosion and                                                   for US tax reporting purposes,
                                                                       notification and reporting                                                        The standard rate of VAT in the
                                 Profit Shifting (BEPS IF) on 16 May                                             the UAE has implemented CRS
                                                                       requirements for UAE entities.                                                    UAE is 5%.
                                 2018. The country has committed                                                 legislation to collect via the
                                 to implementing the four minimum      The regulations require UAE entities      UAE’s financial institutions and        All local entities making taxable
                                 standards in the near term:           that undertake any of the following       automatically exchange information      supplies exceeding AED 375,000
                                                                       ‘relevant activities’ and derive any      with foreign tax authorities on         (in the last 12 months or next 30
                                 – Action 5: Harmful tax practices     income therefrom to demonstrate           foreign tax residents’ financial        days) are obliged to register for VAT.
                                 – Action 6: Treaty abuse              economic substance i.e. meet              accounts in the UAE.                    Entities making taxable supplies
                                                                       economic substance tests:                                                         or incurring taxable expenses
                                 – Action 13: Transfer pricing                                                   Corporate income tax
                                                                       — Banking                                 Currently there is no corporate         between AED 187,500 and AED
                                   documentation and CbCR
                                                                                                                 tax legislation at the federal level.   375,000 (in the last 12 months or in
                                 – Action 14: Dispute resolution       — Insurance                                                                       the next 30 days) can apply for VAT
                                                                                                                 Corporate tax legislation has been
                                                                       — Investment fund management              enacted in several emirates through     registration on a voluntary basis.
                                 In addition to implementing these
                                 minimum standards, the UAE has                                                  respective emirate-level decrees.       Non-resident entities are required
                                                                       — Lease finance
                                 also committed to implementing the                                              However, these tax decrees have         to register for VAT if they make
                                 remaining 11 BEPS Actions in the      — Headquarters                            not been applied in practice to any     any taxable supplies in the UAE,
                                 medium- to long-term.16                                                         sector, except foreign oil and gas      unless there is another person in
                                                                       — Shipping
                                                                                                                 companies with UAE concessions,         the UAE who can account for the
                                 UAE double tax treaties               — Holding company                         petrochemical businesses and            VAT due on such activities. The
                                 (DTTs) and tax residency                                                        foreign banks with a UAE presence.      VAT registration threshold for non-
                                 certificate (TRC)                     — Intellectual property
                                                                                                                 The income tax rate for oil and         resident suppliers is nil.
                                 The UAE has an extensive network      — Distribution and service centers        gas and petrochemical businesses
                                 of 117 DTTs, of which 90 are in                                                                                         Under UAE VAT legislation, entities
                                                                                                                 is 55%. For branches of foreign
                                 force. The UAE also has a DTT in      Economic substance broadly                                                        established in FTZs are considered
                                                                                                                 banks, corporate tax is generally
                                 force with Saudi Arabia - the first   comprises of core income                                                          to be mainland entities for VAT
                                                                                                                 calculated at the rate of 20% of
                                 of its kind within the GCC, as GCC    generating activities, employees,                                                 purposes and have the same
                                                                                                                 taxable income.
                                 countries do not have mutual DTTs.    premises, management and costs.                                                   VAT registration and compliance
                                                                                                                 Most FTZs offer a guaranteed tax        obligations. Some FTZs are
                                 The BEPS Multilateral Instrument      The purpose of the economic                                                       considered to be designated zones
                                                                                                                 holiday (0% corporate income tax
                                 (MLI) is in force in the UAE to       substance regulations is to ensure                                                for VAT purposes. There are special
                                                                                                                 or exemption) to their residents.
                                 change its selected 114 DTTs.         that UAE entities report actual profits                                           rules for the VAT treatment of
                                 The extent to which the MLI will      that are commensurate with the            Withholding taxes
                                                                                                                                                         the supply of goods to, from and
                                 modify the UAE’s DTTs will depend     economic activity undertaken within       Currently, there are no withholding
                                                                                                                                                         within these designated zones.
                                 on the final MLI positions of the     the UAE.                                  taxes in the UAE.
                                                                                                                                                         Businesses that establish in FTZs
                                 counterparty countries.

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should assess their VAT registration    subject to a 0% duty rate while        c) 100% on energy drinks               or at the time of incorporation of
     requirements carefully.                 other goods are taxed at higher                                               a new entity to their respective
                                                                                    d) 100% on electronic
     VAT registered entities are required    rates (e.g., tobacco). Generally,                                             registrars. Companies must notify
                                                                                       smoking devices
     to file monthly or quarterly returns,   once duties are paid in the UAE,                                              the Registrar of any change or
     as determined by the FTA. VAT           no further duties would apply          e) 100% on liquids used in such        amendment to the information
     returns and any associated VAT          when goods are transferred within         devices and tools                   provided within 15 days of such
     liability payments are due to be        GCC states.                                                                   change or amendment. The
                                                                                    f) 50% on any product with added
     submitted to the FTA by the 28th                                                                                      information maintained in the
                                             Under a specific set of                   sugar or other sweeteners
     day of the month following the end                                                                                    register could be shared by the
                                             requirements, licensed entities
     of the VAT return period.                                                      Businesses that are engaged in         Ministry of Economy with
                                             in the UAE can benefit from
                                                                                    below mentioned activities are         foreign governments at their
     Businesses may obtain an input          several customs duty deferment
                                                                                    required to register for excise tax:   request, as per international
     VAT credit for any VAT incurred         regimes, e.g. bonded warehousing,
                                                                                                                           cooperation measures.
     on expenditure subject to the           temporary admission. Other             a) The import of excise goods into
     normal rules of VAT recovery. VAT       customs duty exemption                    the UAE;                            These rules do not apply to
     refunds may be requested from           regimes may apply, e.g. industrial                                            companies established in the
                                                                                    b) The production of excise goods
     the FTA where the VAT incurred on       exemption for raw materials and                                               UAE’s financial free zones (such as
                                                                                       where they are released for
     purchases exceeds the VAT payable       equipment, GCC origin exemption,                                              DIFC or ADGM) or to companies
                                                                                       consumption in the UAE;
     on sales.                               free trade zone status.                                                       which are wholly owned by the
                                                                                    c) The stockpiling of excise goods     federal or local government.19
     Clarification requests can be           Subject to a specific set of rules,
                                                                                       in the UAE in certain cases;
     submitted to the FTA where there        the UAE may grant a certificate of
                                                                                       and/or,
     is uncertainty in the application       origin for locally obtained goods,
     or interpretation of VAT legislation    which may attribute a GCC origin to    d) Anyone who is responsible
     and the results of these private        said products.                            for overseeing an excise
     clarifications are specific to the                                                warehouse or designated zone
                                             Goods of UAE origin may also
     facts of the requestor.                                                           i.e. a warehouse keeper.
                                             circulate freely within the
     The FTA periodically publishes          Greater Arab Free Trade Area           Property transfer fee
     public clarifications and sector-       (GAFTA) under the free trade           A registration fee is applicable
     specific VAT guides. Therefore, it is   agreement signed between the           on transfer of real estate. For
     important for taxpayers to remain       member states of the League of         example, within the Emirate
     up to date with the continually         Arab States.                           of Dubai, the fee is 4% of the
     evolving VAT legislation.                                                      property transfer value.18
                                             As a GCC member state, the UAE
     The FTA can impose administrative       enjoys the benefits of the free        Regulation of procedures related
     penalties for non-compliance            trade agreements signed between        to real beneficiaries
     and under-declaration of VAT.           the GCC and other international        On 28 August 2020, the UAE
     These penalties are fixed and/or        trade actors, such as EFTA States      Ministry of Economy published
     percentage based and, in cases          and Singapore.                         Cabinet Resolution No. 58 of
     of late or under declaration of                                                2020 (the Decision) on the
     VAT, may be up to 350% of the           Excise tax
                                                                                    Regulation of Procedures Related
     underpaid tax.                          Excise tax is an indirect tax levied
                                                                                    to Real Beneficiaries. The Decision
                                             on specific categories of goods. It
     Trade and customs                                                              requires companies based in the
                                             was introduced for the first time in
     The UAE is a Member State of the                                               UAE mainland and commercial
                                             the UAE in 2017. These goods are
     GCC. Accordingly, the UAE is part                                              free zones to maintain registers
                                             referred to as “excise goods”.
     of the GCC Customs Union; as                                                   of their beneficial owners and
     such, it acts frequently as a first     In the UAE, excise tax is applicable   shareholders. Further, it requires
     point of entry of goods into            to the below mentioned products        that the companies file their
     the GCC.                                as follows:                            registers with the relevant
                                                                                    registrar and licensing authorities
     Most goods entering the UAE are         a) 50% on carbonated drinks
                                                                                    within 60 days from the date of
     subject to the standard duty rate       b) 100% on tobacco products            promulgation, i.e. 27 October 2020
     of 5%. Some goods imported are

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Staff
                                                                                                                  employer and employee must
                                                                                                                  make social security and pension
                                                                                                                  contributions to the General
                                                                                                                  Pension and Social Security
                                                                                                                  Authority. These contributions are
                                                                                                                  based on salary and are payable

                                 matters
                                                                                                                  at the following rates for a UAE
                                                                                                                  national (different rates may apply
                                                                                                                  for other GCC nationals):
                                                                                                                  – Public-sector employer: 15%
                                                                                                                  – Private-sector employer: 12.5%
                                                                                                                    (15% is applied for the Emirate
                                                                                                                    of Abu Dhabi)
                                                                                                                  – Employee: 5% There is no
                                 UAE Labor Law                          Where required, a three-month               requirement for expatriates
                                 The Labor Law regulates                mission visa can be obtained for            or the employer of an
                                 employment terms such as work          overseas staff or visitors.22               expatriate to make social
                                 hours, leave, termination rights and                                               security contributions.
                                                                        The UAE introduced a long-term
                                 medical benefits. The Labor Law                                                  End of service benefits (EOSB)
                                                                        residency visa which will be issued
                                 overrides any conflicting provisions                                             An expatriate employee who
                                                                        for five or ten years and renewed
                                 in an employment contract that are                                               has completed one year or
                                                                        automatically. The eligibility criteria
                                 deemed less beneficial to                                                        more of continuous service, is
                                                                        for both five- and ten-year visas
                                 the employee.20                                                                  entitled to benefits at the end
                                                                        is wide and covers a number
                                 Certain FTZs, such as DIFC or          of qualifying cases, including            of service. EOSB is generally
                                 ADGM, have their own labor laws.       property investors, entrepreneurs,        calculated as follows (in case of an
                                                                        outstanding talent and researchers,       unlimited contract):24
                                 Emiratization requirements
                                                                        students with promising scientific        – If the period of the employee’s
                                 To overcome structural divisions
                                                                        capabilities and their respective           continued service is more than
                                 in the labor market, the UAE
                                                                        family members.23                           one year and less than three
                                 government launched an
                                 Emiratization campaign which           Virtual work program                        years, they become entitled to
                                 mandates inclusion of Emiratis         Dubai has launched a unique virtual/        one-third of 21 days’ last basic
                                 in the workforce, particularly the     remote working program enabling             salary as gratuity.
                                 private sector. Emiratization aims     eligible foreign professionals,
                                 to increase the number of Emiratis     entrepreneurs and company owners
                                 participating in the job market and    to work remotely from Dubai for up
                                 their contribution to the economy.     to one year with the ability to bring
                                                                        their family members with them, as
                                 The UAE encourages Emiratization
                                                                        well as access all services in Dubai.
                                 across levels through the
                                                                        This program has been recently
                                 establishment of a special
                                                                        introduced and more details are to
                                 department, quotas and incentives.
                                                                        be confirmed.
                                 Visa requirements
                                                                        Personal income tax
                                 An employer entity in the UAE must
                                                                        There is no personal income tax in
                                 ensure its employees are authorized
                                                                        the UAE.
                                 to work in the UAE by providing a
                                 one- to three-year employment visa,    Social security payments
                                 residence permit and Emirates ID.      Under the Pensions and Social
                                 Employees may then sponsor their       Securities law, when a company
                                 family to reside in the UAE.21         employs a GCC national, both the

14   Doing business in the UAE                                                                                                  Doing business in the UAE   15
Doing business in the - UAE May 2021 KPMG Lower Gulf - assets.kpmg
– If the period of the employee’s         in the Emirate of Abu Dhabi,
       continued service is more than          employers are required to provide
       three years and less than five          health insurance for employees
       years, they become entitled to          and their families (one spouse
       two-thirds of 21 days’ last basic       and three children below 18 years
       salary as gratuity.                     of age). In the Emirate of Dubai,
                                               employers are required to provide
     – If the period of employee’s
                                               health insurance for employees,
       continued service is more than
                                               only. Employers may be required
       five years, they become entitled
                                               to submit a valid health insurance
       to full 21 days’ last basic salary
                                               policy for employees when a visa
       as gratuity.
                                               is initially issued and renewed.26
     The above calculations may differ
                                             – Workmen’s compensation
     in the case of a limited contract,
                                               insurance: This is a mandatory
     termination of employment or for
                                               requirement for all companies.
     certain free zones. For example, in
                                               It covers legal liability to
     DIFC, the DIFC Employee Workplace
                                               employees for occupational
     Savings Scheme (DEWS) was
                                               injury during the course of their
     recently introduced, replacing the
                                               employment, within the defined
     above EOSB scheme. As per this
                                               territorial limits according to
     scheme, employers now are required
                                               the Labor Law/Workmen’s
     to make monthly contributions to
                                               Compensation Ordinance.27
     DEWS or an alternative regulated
     qualifying scheme instead of a lump     – Recruitment insurance: The
     sum EOSB payment to eligible              UAE Government introduced
     employees at the end of their             a “recruitment insurance” as
     employment. Employers are required        an alternative to the monetary
     to contribute monthly 5.83% or            deposit by employers of AED
     8.33% of the employee’s basic salary      3,000 per employee. In contrast,
     into the scheme, as applicable.25         insurance will be AED 60 per
                                               year per employee. The insurance
     Wage protection system (WPS)
                                               provides coverage of AED 20,000
     The UAE Ministry of Human
                                               per employee and protects the
     Resources and Emiratization
                                               employee from the company’s
     mandates use of the electronic
                                               bankruptcy or the company’s
     salary transfer system to pay wages
                                               failure to pay their benefits.28
     via authorized financial institutions
     in the UAE. The system allows the       Housing fee
     Ministry to create a database that      A 5% housing fee is charged to
     records wage payments in the            tenants in Dubai, based on the
     private sector to guarantee their       annual residential rental amount.29
     timely and full payment.
     Companies located in certain FTZs
     are not required to use the WPS.
     Key insurance obligations for
     employers and employees:
     – Health insurance: Specific health
       insurance laws are implemented
       in each emirate, to ensure that
       employees enjoy a minimum level
       of health coverage. For example,

16   Doing business in the UAE                                                      Doing business in the UAE   17
Doing business in the - UAE May 2021 KPMG Lower Gulf - assets.kpmg
References
                               1
                                    This publication is of a general nature only. Specific          15
                                                                                                         https://www.government.ae/en/information-and-services/
                                    professional advice must be obtained before making a                 business/starting-a-business-in-a-free-zone
                                    decision. Our publication should not be considered legal
                                    advice or a substitute for seeking local legal advice. Laws
                                                                                                    16
                                                                                                         https://home.kpmg/ae/en/home/insights/2018/05/the-uae-
                                    and regulations in the UAE are changing constantly. The              joins-the-beps-inclusive-framework.html
                                    information contained within this publication is based          17
                                                                                                         https://home.kpmg/us/en/home/insights/2020/08/tnf-uae-
                                    on facts available as of 31 March 2021 and is subject to
                                                                                                         amendments-cbc-reporting-requirements.html
                                    change.
                                                                                                    18
                                                                                                         https://u.ae/en/about-the-uae/fact-sheet
                               2
                                    https://www.economy.gov.ae/english/Ministry/
                                    MinistrySectors/ForeignTradeSector/Trade-Negotiations-          19
                                                                                                         https://home.kpmg/ae/en/home/insights/2020/10/tax-flash-
                                    WTO/Trade-agreements/Pages/default.aspx                              increased-transparency-rules-of-ownership-for-uae-entities.
                                                                                                         html
                               3
                                    https://u.ae/en/about-the-uae/fact-sheet
                                                                                                    20
                                                                                                         https://www.mohre.gov.ae/en/labour-law.aspx
                               4
                                    https://u.ae/en/about-the-uae/fact-sheet
                                                                                                    21
                                                                                                         https://u.ae/en/information-and-services/visa-and-emirates-
                               5
                                    https://u.ae/en/about-the-uae/strategies-initiatives-and-
                                                                                                         id/residence-visa/sponsoring-family-residency-visa-by-
                                    awards/federal-governments-strategies-and-plans/
                                                                                                         expatriates
                                    vision-2021
                                                                                                    22
                                                                                                         https://www.dnrd.ae/en/issuance-entry-permit-mission- 90-
                               6
                                    https://u.ae/en/about-the-uae/the-uae-government
                                                                                                         days-3
                               7
                                    https://www.fca.gov.ae/en/homerightmenu/pages/                  23
                                                                                                         https://u.ae/en/information-and-services/visa-and-emirates-
                                    uniongccstates.aspx?SelectedTab=9
                                                                                                         id/residence-visa/long-term-residence-visas-in-the-uae
                               8
                                    https://www.mof.gov.ae/en/lawsAndPolitics/govLaws/              24
                                                                                                         https://u.ae/en/information-and-services/jobs/end-of-service-
                                    pages/CommonVATAgreement.aspx
                                                                                                         benefits-for-employees-in-the-private-sector
                               9
                                    https://u.ae/en/information-and-services/public-holidays-and-   25
                                                                                                         https://www.difc.ae/business/operating/employee-
                                    religious-affairs/ramadan
                                                                                                         workplace-savings/faqs-glossary/
                               10
                                    https://u.ae/en/about-the-uae/fact-sheet                        26
                                                                                                         https://u.ae/information-and-services/health-and-fitness/
                               11
                                    https://www.economy.gov.ae/English/Media-Section/News/               health-insurance
                                    Pages/NewsDetails.aspx?ItemID=958                               27
                                                                                                         https://www.mohre.gov.ae/en/labour-law.aspx
                               12
                                    https://www.economy.gov.ae/English/Media-Section/News/          28
                                                                                                         https://u.ae/en/information-and-services/jobs/insurance-
                                    Pages/NewsDetails.aspx?ItemID=891
                                                                                                         system-for-employees-in-the-private-sector
                               13
                                    https://u.ae/en/information-and-services/business/steps-to-     29
                                                                                                         https://u.ae/en/information-and-services/finance-and-
                                    start-a-business-on-the-mainland
                                                                                                         investment/government-fees
                               14
                                    https://gulfnews.com/lifestyle/community/45-free-zones-
                                    intheuae-find-the-right-one-for-your-new-business-1.1716197

18 Doing business in the UAE                                                                                                  Doing business in the UAE                  19
Contact us

Stuart Cioccarelli                                               Nilesh Ashar                                                     Rhys Penning                      Shabana Begum
Partner | Head of Tax UAE                                        Partner                                                          Partner                           Partner
Tax                                                              Tax                                                              Indirect Tax                      Transfer Pricing
KPMG Lower Gulf Limited                                          KPMG Lower Gulf Limited                                          KPMG Lower Gulf Limited           KPMG Lower Gulf Limited
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Muzaffar Salaev                                                  Olga Ermolaeva                                                   David Fernley                     Eric Janowak
Director                                                         Director                                                         Director                          US Seconded Managing Director
Tax                                                              Tax                                                              Tax                               Tax
KPMG Lower Gulf Limited                                          KPMG Lower Gulf Limited                                          KPMG Lower Gulf Limited           KPMG Lower Gulf Limited
t: +971 4 249 6585                                               t: +971 4 424 8994                                               t: +971 2 401 4718                t: +971 50 119 0189
e: msalaev2@kpmg.com                                             e: oermolaeva@kpmg.com                                           e: dfernley@kpmg.com              e: ericjanowak@kpmg.com

Julie Lere Pland                                                 Keith Donegan                                                    Pascal Cange                      Filip Vukovic
Director                                                         Director                                                         Director                          Director
Indirect Tax                                                     Indirect Tax                                                     Customs and Excise                Transfer Pricing
KPMG Lower Gulf Limited                                          KPMG Lower Gulf Limited                                          KPMG Lower Gulf Limited           KPMG Lower Gulf Limited
t: +971 4 424 8928                                               t: +971 4 249 6576                                               t: +971 4 403 0477                t: +971 4 249 6535
e: jlerepland@kpmg.com                                           e: keithdonegan@kpmg.com                                         e: pcange@kpmg.com                e: fvukovic@kpmg.com

The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity.
Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the
                                                                                                                                                    www.kpmg.com/ae
date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional
advice after a thorough examination of the particular situation. © 2021 KPMG Lower Gulf Limited, licensed in the United Arab Emirates, and
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a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English
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The KPMG name and logo are registered trademarks or trademarks of KPMG International. Designed by KPMG Lower Gulf Creative Team
Publication name: Doing Business in the UAE
Publication number: 3453
Publication date: May 2021                                                                                                                          @kpmg_lowergulf
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