In this month’s edition, we bring you crucial updates on corporate and indirect tax developments in the UAE. Our goal is to provide you with a comprehensive digest of the latest tax news, legislative changes, and enforcement actions in the United Arab Emirates (UAE).
The Federal Tax Authority (FTA) issued a guide on Family Foundations, detailing eligibility conditions for such treatment, the treatment of multi-tier structures, the corporate tax implications when such foundations are treated as unincorporated partnerships, and the related compliance requirements.
A Family Foundation is a special type of trust, foundation, or similar vehicle used to manage and preserve family wealth. For Corporate Tax purposes, it is not a specific legal form, but a tax concept. There is no requirement for a Family Foundation to be established in the UAE; foreign entities can also qualify, provided they meet the prescribed conditions.
A foundation, trust, or similar entity that is a juridical person is subject to Corporate Tax by default. However, it can apply to the FTA to be treated as an Unincorporated Partnership. If approved, the entity becomes fiscally transparent.
On the other hand, unincorporated trusts are automatically considered fiscally transparent. Also, if the entity is a WAQF (Endowment) that qualifies as a Public Benefit Entity, it may be fully exempt from Corporate Tax.
A key benefit for natural person beneficiaries of Family Foundations is that certain types of income they receive are not subject to UAE Corporate Tax, because they are not treated as business income. These exempt income types include Wages, Personal Investment Income and Real Estate Investment Income.
To be treated as a fiscally transparent Family Foundation, 5 conditions must all be met continuously:
Beneficiary Condition: Foundation must benefit identifiable individuals or public benefit entities.
Principal Activity: The primary activity must be limited to receiving, hold, invest, disburse, or otherwise manage assets or funds.
No Business Activity: The Family Foundation must not conduct any activity that would constitute a Business or Business Activity.
No Tax Avoidance Purpose: The main purpose must not be the avoidance of Corporate Tax.
Distribution Condition: If a Family Foundation has public benefit entities as beneficiaries, it must meet one of two additional conditions to maintain its fiscally transparent status.
A holding company owned by a Family Foundation can also apply for transparency if it is wholly owned and controlled by the Family Foundation or another fiscally transparent entity.
Registration: All Family Foundations must register. Natural persons must register only if their business turnover exceeds AED 1 million.
Application for Transparency: Must be filed before the end of the Tax Period.
Annual Confirmation: To be filed within 9 months from the end of the relevant Tax Period.
Loss of Status: If any of the 5 conditions are breached, the Foundation becomes taxable from the start of that Tax Period.
Standards, Controls and Procedures for Dealing with Shortage Within the Designated Zone due to the Natural Characteristics of Excise Goods: Decision No. 6 of 2025
The Federal Tax Authority (FTA) has issued Decision No. 6 of 2025, setting out clear standards, controls, and procedures for dealing with shortages of Excise Goods within Designated Zones resulting from natural causes such as evaporation or spoilage.
A Natural Shortage refers to a reduction in the quantity of Excise Goods during production, storage, or transportation, beyond the control of the Taxable Person, and due to the inherent characteristics of the goods themselves.
Warehouse Keepers and other Taxable Persons must submit a formal request to an Independent Competent Entity (Laboratory approved by the FTA) to determine the permissible or expected percentage of natural shortage and issue a formal report.
To comply with the decision, Taxable Persons must ensure declared shortages do not exceed the percentage approved in the latest valid report and renew the report every 12 months.
A clear explanation of the manufacturing process.
The production formula.
Records showing the usual percentage of natural shortage.
Equipment details and operating manuals.
Shortage report and any actual data from the last six months.
Effective from 30 October 2024, Federal Decree-Law No. 8 of 2017 on Value Added Tax has been amended to incorporate provisions related to Electronic Invoicing. These amendments introduce formal definitions for key terms such as “Electronic Invoice” and “Electronic Credit Note”, aligning with the UAE’s phased implementation of the e-invoicing system.
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